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Home My WebLink AboutAgenda Packet City Council - 10/21/2014Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 21, 2014 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Reverend Jim Garcia, Primera Iglesia Bautista. C. Pledge of Allegiance to the Flag of the United States to be led by Carlos Gonzalez, Director of Facilities. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations (NONE) F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Other H. EXECUTIVE SESSION: (ITEM 1) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. 1. 14-001172 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. I. MINUTES: 2. 14-001170 Regular Meeting of October 14, 2014 Attachments: Minutes - October 14, 2014 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. Corpus Christi Page 2 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 L. CONSENT AGENDA: (ITEMS 3 - 13) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 14-001026 Supply Agreement(s) for the purchase of supplies for the manufacturing and installation of traffic signs (Requires 2/3 vote) Motion approving supply agreement(s) with the following companies in the following amounts for traffic sign blanks, sheeting/roll goods, and traffic sign posts/anchors in accordance with Bid Invitation No. BI -0240-14, based on lowest responsible bidder, for an estimated annual expenditure of $201,523.65. The terms of the agreements shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Streets Department in FY 2014- 2015. Custom Products Corp. Jackson, Mississippi Group 1 $42,114.00 Centerline Supply LLC San Antonio, Texas Group IV $67,768.50 Vulcan Signs 3M Company Foley, Alabama St. Paul, Minnesota Group!! $38,530.75 Total: $201,523.65 Attachments: Agenda Memo - Traffic Signage Bid Tabulation - Traffic Signs Group III $53,110.40 4. 14-001024 Approving agreement for temporary tax abatement for the development located in the 900 block of North Water Street (Requires 2/3 vote) Resolution authorizing the execution of an agreement with Prosperity Bank providing for temporary property tax abatement. Attachments: Agenda Memo - Prosperity Bank Resolution - Prosperity Bank Tax Abatement Agreement - Prosperity Bank Corpus Christi Page 3 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 5. 14-001049 Second Reading Ordinance - Appropriating Funds for and awarding the purchase and installation of two (2) 911 workstations (Requires 2/3 vote) (1st Reading 10/14/14) Ordinance appropriating $335,866.17 from the Unreserved Fund Balance into the No. 5210 Municipal Information System Fund for the purchase and installation of two (2) 911 workstations; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $335,866.17 in the No. 5210 Municipal Information System Fund; and approving the purchase and installation of two (2) workstations from Intrado System Corporation for $335,866.17 based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments. Attachments: Agenda Memo - Workstations Ordinance - Appropriation Purch Workstations Price Sheet - 911 Workstations.pdf 6. 14-001093 Second Reading Ordinance - Appropriating funds for and awarding the purchase of two (2) Peterbilt trucks (Requires 2/3 vote)(1st Reading 10/14/14) Ordinance appropriating $437,530 from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of two (2) trucks; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $437,530 in the No. 4200 Wastewater Fund; and approving the purchase of two (2) trucks from Rush Truck Center of Texas for $437,530 based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments. Attachments: Agenda Memo - Purch Trucks Ordinance - Appropriation Purch Trucks Price Sheet - Purchase of two (2) Peterbilt Trucks with Heil Low Lift 22' Roll Off 7. 14-001094 Second Reading Ordinance - Appropriating funds for and awarding the purchase of twenty-three (23) round bottom containers (Requires 2/3 vote)(1st Reading 10/14/14) Ordinance appropriating $164,149 from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of 23 containers; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $164,149 in the No. 4200 Wastewater Fund; and approving the purchase of 23 containers from Wastequip, Beeville, Texas, for $164,149 based on the cooperative purchasing agreement with the National Joint Powers Alliance. Corpus Christi Page 4 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 Attachments: Agenda Memo - Purch Containers Ordinance - Appropriation Purch Containers Price Sheet - Purchase of twenty-three Round Botton Containers 8. 14-001071 Second Reading Ordinance - Approving the FY2014-2015 Crime Control and Prevention District Budget (Requires 2/3 vote)(1st Reading 10/14/14) Ordinance approving the FY 2014-2015 amended budget for the Corpus Christi Crime Control and Prevention District to appropriate expenditures of $1,296,212 for the addition of eleven (11) officers, two (2) lieutenants, four (4) vehicles, and related equipment and supplies; and amending the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294, by increasing the number of authorized "Police Lieutenant" positions by two (2) and the number of authorized "Police Officer and Senior Police Officer" by forty eight (48). Attachments: Agenda memo Amend CCD FY2015 budget (2) Amended Ordinance as approved by Council 10/14/14 - CCPD budget amendm Revised FY2015 budget book pages 9. 14-001106 Second Reading Ordinance - Accepting and appropriating State grant for Law Enforcement Terrorism Prevention Activities (LETPA) (Requires 2/3 vote)(1st Reading 10/14/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $73,235.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program Law Enforcement Terrorism Prevention Activity; and appropriating $73,235.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection -oriented activities such as planning, organization, training, exercises, and purchase needed equipment Attachments: Agenda Memo - LETPA Ordinance- TXHLS-SAA-LETPA 2014 - Fire Award Letter - LETPA Agreement - LETPA 10. 14-001109 Second Reading Ordinance - Accepting and appropriating State grant for homeland security projects (Requires 2/3 vote)(1st Reading 10/14/14) Ordinance authorizing the Mayor or designee to execute all documents Corpus Christi Page 5 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $161,165.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program; and appropriating $161,165.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program, into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities Attachments: Agenda Memo - SHSP Grant Ordinance - SHSP Grant Award Letter - SHSP Grant Agreement - SHSP Grant 11. 14-001112 Second Reading Ordinance - Accepting and appropriating grant for Emergiency Medical Services (EMS) supplies (Requires 2/3 vote) (1st Reading 10/14/14) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,961.57 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,961.57 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department Attachments: Agenda Memo - CBRAC Grant Ordinance - CBRAC Grant 12. 14-00982 Second Reading Ordinance - Approving and appropriating funds for an engineering design contract for Choke Canyon Dam Spillway Gate Rehabilitation (Requires 2/3 vote)(1st Reading 10/14/14) Ordinance approving and appropriating a transfer of $4,300,000 from the Unreserved Fund Balance in No. 4050 Choke Canyon Fund Account No. 251400 Reserve for Choke Canyon Maintenance into Water CIP Fund 4080 for Project No. E14043 Choke Canyon Dam Spillway Gate Rehabilitation; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures in the amount of $4,300,000; and authorizing the City Manager or designee to execute the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $381,220 for the Choke Canyon Dam Spillway Gate Rehabilitation for design, bid, and construction phase services. Corpus Christi Page 6 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 Attachments: Agenda Memo - Choke Canyon Dam Ordinance - Choke Canyon Dam Project Budget - Choke Canyon Dam Location Map - Choke Canyon Dam Contract - Choke Canyon Dam Presentation - Choke Canyon Dam 13. 14-001078 Second Reading Ordinance - Type A Grant for Conexia Inc (Requires 2/3 vote)(1st Reading 10/14/14) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Conexia Inc ("Conexia") to provide a grant of up to $160,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Conexia Business Incentive Agreement for the creation of jobs; and appropriating $160,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Conexia; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $160,000. Attachments: Agenda Memo - Conexia Ordinance - Conexia Agreement - Conexia Business Service Agreement - Conexia M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 14) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 14. 14-001115 Adopting the State Legislative Agenda for the 84th Texas Legislature Resolution Adopting the City of Corpus Christi's State Legislative Agenda for the 84th Texas Legislature. Attachments: Agenda Memo - 84th Legislature Agenda Resolution - 84th Legislature Agenda Presentation - 84th Lege Priorities Future Agenda O. FIRST READING ORDINANCES: (ITEMS 15 - 19) 15. 14-001142 First Reading Ordinance - Appropriating funds to refund Corpus Christi Page 7 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 wastewater lot/acreage fees paid for property located on the north side of Graham Road between Flour Bluff Road and Waldron Road (Requires 2/3 vote) Ordinance appropriating $3,956.06 from the No. 4220 Wastewater Trunk System Trust Fund to refund Pedro S. Bazan and Sarangelica Bazan the wastewater lot/acreage fee paid since wastewater services are not available nor will it be available within the next 5 years as related to Oak Terrace Unit 2, Block 4, Lot 9A. Attachments: Agenda Memo - Appropriation, Bazan Ordinance - Appropriation, Bazan Location Map - Appropriation, Bazan Request Letter - Appropriation, Bazan 16. 14-001151 First Reading Ordinance - Approving a waterline reimbursement agreement and appropriating funds for property located along the south side of Saratoga Boulevard (SH 357), east of Airline Road, and west of Rodd Field Road (Requires 2/3 vote) Ordinance authorizing execution of a distribution main extension construction and reimbursement agreement ("Agreement") with The Icon at Corpus Christi, Limited Partnership, ("Developer"), for the construction of a distribution waterline and appropriating $60,193.60 from the No. 4030 Water Distribution Main Trust Fund to reimburse the developer in accordance with the agreement Attachments: Agenda Memo - Water Reimb-Icon-The Vineyards Unit Four, Blk 1, Lot 1 Location Map - Water Reimb, The Vineyards Unit Four, Blk 1, Lot 1 Ordinance - Water Reimb, The Vineyards Unit Four, Blk 1, Lot 1 Signed Agreement - Water Reimb, The Vineyards Unit Four, Blk 1, Lot 1 17. 14-001154 First Reading Ordinance - Approving a participation agreement for the City's share of the cost to extend North Oso Parkway (Requires 2/3 vote) Ordinance authorizing the City Manager to execute a developer participation agreement with Palm Land Investment, Inc., ("Developer"), to reimburse the Developer up to $277,894.42 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. Attachments: Agenda Memo - Participation Agmt Cayo Del Oso Subdivision, Section I Ordinannce - Participation Agmt Cayo Del Oso Subdivision, Section I Participation Agreement - Cayo Del Oso Subdivision, Section I 18. 14-001133 First Reading Ordinance - Appropriating Federal grant to rehabilitate and construct taxiways at the airport (Requires 2/3 vote) Corpus Christi Page 8 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 Ordinance appropriating $5,000,000 from the Federal Aviation Administration Grant No. 3-48-0051-052-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways D, E, F, and G and construct Taxiways H and J at Corpus Christi International Airport; changing the FY 2014-2015 capital budget adopted by Ordinance No. 030303 by increasing revenues and expenditures by $5,000,000 each. Attachments: Agenda Memo - FAA Grant 52 Appropriation Ordinance - FAA Grant 52 Appropriation Agreement - FAA Grant 52 19. 14-001153 First Reading Ordinance - Approving the Texas State Aquarium Lease -Purchase Agreement (Requires 2/3 vote) Ordinance authorizing the City Manager, or his designee, to execute a Lease -Purchase and Operating agreement including option to purchase with Texas State Aquarium Association ("TSAA") covering lots A-1, A-3, B, C and D, of the Texas State Aquarium Subdivision, together with leasehold rights for the adjacent parking areas; in consideration of TSAA maintaining the premises and improvements, operating a public aquarium and related facilities, TSAA's payments on debt service on the 1996 $4.4 million combination tax and revenue certificates of obligation, and TSA's $45 million dollar expansion of the aquarium facility; providing for severance; and providing for publication. Attachments: Agenda Memo - Texas State Aquarium Lease.pdf Ordinance- Texas State Aquarium Lease Agreement WSP.pdf TSAA Lease and Operating Agreement.pdf P. FUTURE AGENDA ITEMS: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 20 - 22) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 20. 14-001068 Corpus Christi Regional Economic Development Corporation Update Attachments: Agenda Memo - CCREDC Presentation - CCREDC Quarterly Presentation 21. 14-001167 Texas Department of Transportation (TxDOT) Projects Attachments: Agenda Memo - TXDOT Yearly Presentation 22. 14-001119 Street Preventative Maintenance Plan Year 1 Update & Street Corpus Christi Page 9 Printed on 10/20/2014 City Council Meeting Agenda - Final October 21, 2014 Preventative Maintenance Plan Year 2 - Work Plan Attachments: Agenda Memo - SPMP Update and Year 2 (10-21-14) Presentation - SPMP Year 2 Work Plan Future Resolution - SPMP Work Plan - Year 2 2015 Year 2 Work Plan List by Council District Year 2 Work Plan List by Alphabetical Street Listing Year 2 City Seal Coat Work Plan Location Map R. LEGISLATIVE UPDATE The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. ADJOURNMENT Corpus Christi Page 10 Printed on 10/20/2014 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 14, 2014 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Rabbi Ilan Emanuel, Congregation Beth Israel. Rabbi Ilan Emanuel gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Kristina Leal, Mayor's Chief of Staff. Mayor's Chief of Staff Kristina Leal led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. Mayor Martinez congratulated Council Member Loeb on the birth of his daughter, Isla Annabel Loeb. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Council Member Leal has been granted a leave of absence. Charter Officers: Deputy City Manager Margie Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8 - Mayor Nelda Martinez,Council Member Kelley AIIen,Council Member Rudy Garza,Council Member David Loeb,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Mark Scott Absent: 1 - Council Member Priscilla Leal E. Proclamations / Commendations 1. Proclamation declaring October 9-15, 2014 as, "Wildlife In Focus - Wondrous Wildlife Week" Proclamation declaring October 13-17, 2014 as, "Court Observance Corpus Christi Page 1 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 Week" Proclamation declaring October 25, 2014 as, "Drug Free Youth Day" Proclamation declaring October 27-31, 2014 as, "Red Ribbon Week" Certificate of Commendation - Susan Shelby Torrance, Member of the Class of 2014 Texas Sports Hall of Fame Swearing-in Ceremony for Municipal Court Judge Ray Gonzalez Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. Judge Missy Medary conducted the swearing-in ceremony for Municipal Court Judge Ray Gonzalez. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for comments from the public. The following individuals spoke in opposition to the southside annexation: John Kelley, on behalf of Neighborhoods First; Carolyn Moon; David Owen; Susie Luna Saldana; Diane Vandemark; Tom Hartman; John Sloan, Craig Pierce; Carrie Robertson Meyer; and Hugo Berlanga. The following individuals spoke in support of the southside annexation: Alan Rassmusen; Ralph Quiroz, Kill TV; Michael Bridges; Gene Guernsey; Gabe Lopez; John Helm; Mark Crawford; Dick Messberger; Jane Helm; and Commissioner Mike Pusley. Abel Alonzo stated he knows that whatever decision the City Council makes on annexation, will be the best decision for the entire community. H. EXECUTIVE SESSION: (ITEM 2 - 3) 2. 3. Mayor Martinez referred to the day's executive sessions. Mayor Martinez stated that Item 2 was withdrawn. City Secretary Huerta announced that Council Member Magill would be recusing himself from the discussion on Item 3. The Council went into executive session. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. This E -Session Item was withdrawn. Executive Session pursuant to Section 551.071 of theTexas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys on annexation, with possible action and discussion in open session. This E -Session Item was discussed in executive session. Corpus Christi Page 2 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 10 - 12) 10. Second Reading Ordinance - Approving the Southside FM 2444 Annexation (1st Reading 9/16/14) (Tabled 9/30/14) (Requires 2/3 vote) Ordinance annexing Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the proposed APEX Wind Farm; providing for a Municipal Services Plan for the annexed tracts of land; providing that the owner and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions and Rules; providing for amendment of the official maps of the City of Corpus Christi; designating area to be added to City Council District number 5; providing for severence; and providing an effective date. The Council returned from executive session and Mayor Martinez referred to Item 10. At the direction of Mayor Martinez, Assistant City Manager Wes Pierson provided information on the negotiation process with Apex and the key issues and options discussed. Mr. Pierson said that staff has been working since July to reach an agreement and requires direction from the City Council on whether the agreement is acceptable or if continued negotiations need to occur. Council members spoke regarding the following topics: concerns that the windfarm will interfere with radar and broadcast signals; the risk of the potential loss of military operations; concerns with annexing an area the City could have difficulty supporting; a study sponsored by the Department of Defense, Department of Energy, Department of Homeland Security and the Federal Aviation Administration stating that windfarms will result in radar interference; the technology to address radar interference not being mature enough; annexation being the Council's only tool to deal with the windfarm because of the lack of legislation from the Texas Legislature; the cost, timeframe, and funding mechanism to place infrastructure in the annexed area; the debt service plan; growth on the southside; the location of the windfarm project; and the development agreements for existing land owners. Mayor Martinez called for comments from the audience. Tom Hollingsworth asked questions regarding the purpose of the annexation; whether the annexation would prevent the windfarm development; and the negotiations Corpus Christi Page 3 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 with Apex on the City's percentage of the pilot payment. Carol Kirkpatrick spoke in opposition to the annexation and asked questions regarding the severance clause in the ordinance; the effective date; and the development agreements. Louise Chapman spoke regarding the City annexing Chapman Ranch for financial gain. Dan McQueen spoke regarding the funding mechanism for the annexation and proposed revenues and asked whether annexing the windfarm would stop the windfarm development on the rest of Chapman Ranch. Shane Torno and Prasant Chhotu spoke in support of the annexation. Debbie McCusker asked whether the City Council plans to annex the rest of the windfarm area. Mayor Martinez stated that the intention is to annex the remainder of the windfarm area in Phase 2. City Secretary Huerta stated that Council Member Magill would be abstaining from the vote on this item. This Ordinance was passed on second reading and approved with the following vote: Martinez, Allen, Garza, Loeb, McIntyre, Riojas, and Scott, voting "Aye"; Leal was absent; Magill abstained. After the discussion on Item 11, City Attorney Risley asked the Council to reconsider Item 10 and stated that the ordinance would need to be amended to include the Exhibits E, F, and G from Item 12, Resolution File 14-001045, as attachments. Mayor Martinez made a motion to amend the ordinance to add Exhibits E (J.W. Owens), F (R. L. Owens) and G (Catherine Marie Sims), from Item 12, Resolution File 14-001045, as attachments describing property under development agreements to be excluded from this annexation, seconded by Council Member Loeb and passed unanimously (Leal was absent, Magill abstained). This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 1 - Council Member Magill Enactment No: 030307 11. Approving the funding of utility improvements in the Southside FM 2444 Annexation Area (Tabled 9/30/14) (Requires 2/3 vote) Resolution regarding the funding of utility improvements in the Southside FM 2444 Annexation Area with property taxes from the area. Mayor Martinez referred to Item 11. Assistant City Manager Wes Pierson stated that the purpose of this item is to approve a resolution directing staff to create a special revenue fund and use property taxes generated from the Southside FM 2444 Annexation area to fund utility improvements required by the annexation. Mayor Martinez called for comments from the public. Susie Luna Saldana asked whether the funds would be used solely for annexation. Mr. Pierson explained that the funds will first be used for infrastructure in the annexed aea, and after that requirement has been met, the funds will be used for any general fund purpose. There were no comments from the Council. City Secretary Huerta announced that Council Member Magill would abstain from the vote on this item. This Resolution was passed and approved with the Corpus Christi Page 4 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 12. following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 1 - Council Member Magill Enactment No: 030308 Development Agreements for Property Owners with Exemptions in the Southside FM 2444 Annexation Area (Tabled 9/30/14) (Requires 2/3 vote) Resolution granting a Development Agreement for properties in the Proposed Southside FM 2444 Annexation Area where the property contains an agricultural, wildlife management, or timber land exemption established by the Nueces County Appraisal District and where the property owner has requested the City grant a development agreement in lieu of annexation on their qualifying property; providing for a 15 year time limit; providing that the City will not annex land that is the subject of a Development Agreement; providing that the development agreement authorizes the City to enforce all regulations and planning authority of the municipality provided the authority does not interfere with the use of the area for agriculture, wildlife management, or timber land uses; providing that the area under the Development Agreement is considered adjacent or contiguous to the city; providing that the agreement is automatically terminated if the landowner files any type of subdivision plat or related development document regardless of how the property is appraised by the Nueces County Appraisal District; providing that the agreement will be filed with the Nueces County Clerk; providing for severance; and providing an effective date. Mayor Martinez referred to Item 12. Assistant City Manager Wes Pierson stated that the purpose of this item is to approve a resolution approving development agreements for property owners in the Southside FM 2444 Annexation area. Mr. Pierson explained that state law requires that the City offer development agreements to property owners whose property contains agricultural, wildlife management or timber land exemptions and where the property owner maintains that exemption. Mr. Pierson provided a revised map of the properties with development agreements. There were no comments from the Council or the public. This Resolution was passed and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 1 - Council Member Magill Corpus Christi Page 5 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 Enactment No: 030309 O. FIRST READING ORDINANCES: (ITEM 13) 13. First Reading Ordinance - Appropriating Funds for and awarding the purchase and installation of two (2) 911 workstations (Requires 2/3 vote) Ordinance appropriating $335,866.17 from the Unreserved Fund Balance into the No. 5210 Municipal Information System Fund for the purchase and installation of two (2) 911 workstations; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $335,866.17 in the No. 5210 Municipal Information System Fund; and approving the purchase and installation of two (2) workstations from Intrado System Corporation for $335,866.17 based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments. Mayor Martinez referred to Item 13. Procurement Manager Christela Morales stated that the purpose of the item is to appropriate $335,866.17 from the Unreserved Fund Balance into the Municipal Information System Fund for the purchase and installation of two (2) 911 workstations. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. a. Other Deputy City Manager Rose acknowledged the Gas Department for recently receiving a 96% rating on an annual audit by the Texas Municipal League Intergovernmental Risk Pool based on the following categories: 1) dealing with document records; 2) pipeline safety compliance; 3) safety and training; 4) qualifications of personnel; and 5) gas system integrity. I. MINUTES: 4. Regular Meeting of September 30, 2014 Mayor Martinez called for approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Magill Corpus Christi Page 6 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 and passed unanimously. L. CONSENT AGENDA: (ITEMS 5 - 9) Mayor Martinez deviated from the agenda and referred to the Consent Agenda. There were no comments from the public. Council Member McIntyre requested that Items 5 and 7 be pulled for discussion. Council Member Garza announced that he was abstaining from Item 7. Mayor Martinez referred to Item 5. Procurement Manager Christela Morales stated that the purpose of this item is to approve a supply agreement for lease of computers, servers and related products for various departments. In response to Council Member McIntyre, Ms. Morales stated that she would provide the Council with information on whether a wireless router was being provided to the City's Detention Center. 7. Type A Grant for Accion Texas Loan Buy Down Program for Fiscal Year 2014-2015 Resolution approving the renewal of a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas, Inc. ("Accion") to provide grant amount up to $250,000 for the interest buy down and grant programs for small businesses. Mayor Martinez referred to Item 7. Mike Culbertson with the Corpus Christi Regional Economic Development Corporation, stated that the purpose of this item is to renew the Type A grant with ACCION Texas for a loan buy down program. In response to Council Member McIntyre, Mr. Culbertson stated that home-based businesses are ineligible for the program whether located inside or outside the city limits. Council Member McIntyre made a motion to amend the contract on page 4, e., iii. to read "Home-based business.", seconded by Council Member Garza and passed unanimously. This Resolution was passed as amended on the Consent Agenda as follows: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Leal and Council Member Scott Abstained: 1 - Council Member Garza Enactment No: 030304 Approval of the Consent Agenda Mayor Martinez referred to the remaining items on the Consent Agenda (Items 5, 6, 8 and 9. Consent agenda items 5, 6, 8 and 9 were passed and approved with the following vote: Corpus Christi Page 7 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 5. Supply agreement for lease of computers, servers and other computer peripherals and related products (Requires 2/3 vote) Motion approving a supply agreement with CSI Leasing, Inc., Saint Louis, Missouri for lease of approximately 300 desktop computers, 200 laptop computers, 20 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 1880CCC for an estimated expenditure of $1,398,138.27, of which $30,503.23 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. This Motion was passed on the Consent Agenda. Enactment No: M2014-141 6. Engineering construction contract for the Schanen Ditch Improvements Phase 2 Project (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a construction contract with Saenz Brothers Construction, LLC, in the amount of $678,276.00 for the Schanen Ditch Improvements Phase 2 project for Total Base Bid. This Motion was passed on the Consent Agenda. Enactment No: M2014-142 8. Second Reading Ordinance - Amending City Code to implement cost of living increase for City employees (1st Reading 9/30/14) Ordinance amending the Corpus Christi Code of Ordinances, Chapter 39, Personnel, Article III Employee Classification and Compensation System to revise Section 39-303, adjusting the pay grades and steps to implement a one and a half percent (1.5%) cost of living increase as approved in the Fiscal Year 2015 Budget and to add new pay grades 401 and 402; repealing conflicting ordinances and rules; providing for effective date and providing for severance. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030305 Corpus Christi Page 8 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 9. Second Reading Ordinance - Appropriating program income revenue for laboratory and public health services (1st Reading 9/30/14) (Requires 2/3 vote) Ordinance appropriating $459,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2014-2015 program income to fund laboratory and public health services for the period of September 1, 2014 through August 31, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030306 FIRST READING ORDINANCES: (ITEMS 14-21) 14. First Reading Ordinance - Appropriating funds for and awarding the purchase of two (2) Peterbilt trucks (Requires 2/3 vote) 15. Ordinance appropriating $437,530 from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of two (2) trucks; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $437,530 in the No. 4200 Wastewater Fund; and approving the purchase of two (2) trucks from Rush Truck Center of Texas for $437,530 based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments. Mayor Martinez referred to Item 14. Director of Fleet Maintenance Jim Davis stated that that the purpose of this item is to approve the purchase of two diesel vehicles for Solid Waste Operations. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 First Reading Ordinance - Appropriating funds for and awarding the purchase of twenty-three (23) round bottom containers (Requires 2/3 vote) Ordinance appropriating $164,149 from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of 23 containers; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $164,149 in the No. 4200 Wastewater Fund; and approving the purchase of 23 containers from Corpus Christi Page 9 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 Wastequip, Beeville, Texas, for $164,149 based on the cooperative purchasing agreement with the National Joint Powers Alliance. Mayor Martinez referred to Item 15. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to approve the purchase of 23 round bottom containers to haul sludge. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 16. First Reading Ordinance - Approving the FY2014-2015 Crime Control and Prevention District Budget (Requires 2/3 vote) Ordinance approving the FY 2014-2015 amended budget for the Corpus Christi Crime Control and Prevention District to include expenditures of $1,296,212 for the addition of eleven (11) officers, two (2) lieutenants, four (4) vehicles, and related equipment and supplies; and amending the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294, by increasing the number of authorized "Police Lieutenant" positions by two (2) and the number of authorized "Police Officer and Senior Police Officer" by forty eight (48). Mayor Martinez referred to Item 16. Police Chief Floyd Simpson stated that the purpose of this item is to approve an ordinance amending the budget for the Corpus Christi Crime Control and Prevention District to include expenditures of $1,296,212 for the addition of eleven (11) officers, two (2) lieutenants and related expenditures; and amending Ordinance No. 030294 by increasing the number of authorized police lieutenant positions by two (2) and the number of authorized police officers and senior police officers by forty eight (48). Chief Simpson stated that the ordinance will need to be amended to change the word "include" to "appropriate". Council Member Scott made a motion to amend the ordinance as stated, seconded by Council Member Loeb and passed unanimously. Mayor Martinez called for comments from the public. Joan Vieth spoke regarding the need for more police officers and praised Chief Simpson for work. Council members asked questions regarding the difference between the authorized and budgeted amount of officers. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 17. First Reading Ordinance - Accepting and appropriating State grant for Law Enforcement Terrorism Prevention Activities Corpus Christi Page 10 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 (LETPA) (Requires 2/3 vote) Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $73,235.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program Law Enforcement Terrorism Prevention Activity; and appropriating $73,235.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection -oriented activities such as planning, organization, training, exercises, and purchase needed equipment Mayor Martinez referred to Item 17. Fire Chief Robert Rocha stated that the purpose of this item is to accept a grant from the Texas Homeland Security State Administrative Agency in the amount of $73,235.00 for law enforcement terrorism prevention. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Allen, Council Member Leal and Council Member McIntyre Abstained: 0 18. First Reading Ordinance - Accepting and appropriating State grant for homeland security projects (Requires 2/3 vote) Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $161,165.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program; and appropriating $161,165.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program, into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities Mayor Martinez referred to Item 18. Fire Chief Robert Rocha stated that the purpose of this item is to accept a grant from the Texas Homeland Security State Administrative Agency in the amount of $161,165 for homeland security projects. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member Riojas and Council Member Scott Corpus Christi Page 11 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 19. Absent: 3 - Council Member Allen, Council Member Leal and Council Member McIntyre Abstained: 0 First Reading Ordinance - Accepting and appropriating regional grant for Emergiency Medical Services (EMS) supplies (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,961.57 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,961.57 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department Mayor Martinez referred to Item 19. Fire Chief Robert Rocha stated that the purpose of this item is to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,961.57 to support the delivery of emergency medical services (EMS). There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Allen, Council Member Leal and Council Member McIntyre Abstained: 0 20. First Reading Ordinance - Approving and appropriating funds for an engineering design contract for Choke Canyon Dam Spillway Gate Rehabilitation (Requires 2/3 vote) Ordinance approving and appropriating a transfer of $4,300,000 from the Unreserved Fund Balance in No. 4050 Choke Canyon Fund Account No. 251400 Reserve for Choke Canyon Maintenance into Water CIP Fund 4080 for Project No. E14043 Choke Canyon Dam Spillway Gate Rehabilitation; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures in the amount of $4,300,000; and authorizing the City Manager or designee to execute the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $381,220 for the Choke Canyon Dam Spillway Gate Rehabilitation for design, bid, and construction phase services. Mayor Martinez referred to Item 20. Interim Executive Director of Public Works Valerie Gray stated that the purpose of this item is to authorize the transfer of funds from the Unreserved Coke Canyon Fund Balance to the Choke Canyon Corpus Christi Page 12 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 Dam Spillway Gate Rehabilitation project and execute an engineering contract with Freese and Nichols, Inc. for the design, bid and construction phase services for the repair and rehabilitation improvements to the seven (7) spillway gates. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 21. First Reading Ordinance - Type A Grant for Conexia Inc (Requires 2/3 vote) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Conexia Inc ("Conexia") to provide a grant of up to $160,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Conexia Business Incentive Agreement for the creation of jobs; and appropriating $160,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Conexia; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $160,000. Mayor Martinez referred to Item 21. Mike Culbertson with the Corpus Christi Regional Economic Development Corporation stated that the purpose of this item is to approve a Type A grant with Conexia in the amount of $160,000 for the creation of 80 jobs with an average salary of $73,000 per job over a five-year period. Matthew Daly, Vice President of Conexia, thanked the City and the EDC for the welcome they have received. Council members welcomed Mr. Daly and thanked Conexia for their investment. There were no comments from the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 22 - 24) Mayor Martinez referred to Future Agenda Items. Deputy City Manager Rose stated that staff did not have any planned presentations. 22. Supply Agreement(s) for the purchase of supplies for the Corpus Christi Page 13 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 manufacturing and installation of traffic signs (Requires 2/3 vote) Motion approving supply agreement(s) with the following companies in the following amounts for traffic sign blanks, sheeting/roll goods, and traffic sign posts/anchors in accordance with Bid Invitation No. BI -0240-14, based on lowest responsible bidder, for an estimated annual expenditure of $201,523.65. The terms of the agreements shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Streets Department in FY 2014- 2015. Custom Products Corp. Vulcan Signs 3M Company Jackson, Mississippi Foley, Alabama St. Paul, Minnesota Group I Group II Group III $42,114.00 $38,530.75 $53,110.40 Centerline Supply LLC San Antonio, Texas Group IV $67,768.50 Total: $201,523.65 This Motion was recommended to the consent agenda. 23. Approving agreement for temporary tax abatement for the development located in the 900 block of North Water Street (Requires 2/3 vote) Resolution authorizing the execution of an agreement with Prosperity Bank providing for temporary property tax abatement. This Resolution was recommended to the consent agenda. 24. Approve the FY2014-2015 HOME Program set-aside funds. Motion to approve the FY2014-2015 HOME Program set-aside funds. This Motion was recommended to the consent agenda. FUTURE CORPORATION MEETING: (ITEM 25) 25. Future Board of Director's Meeting of the Corpus Christi Community Improvement Corporation Board of Director's Meeting of the Corpus Christi Community Improvement Corporation Corpus Christi Page 14 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 This Corporation Meeting was recommended to be held. Q. BRIEFINGS TO CITY COUNCIL: (ITEM 26) 26. Texas Municipal League Presentation - Credit Access Business Regulation Ordinance Mayor Martinez referred to Item 26. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to present information on a credit access business regulation ordinance. Executive Director of the Texas Municipal League Bennett Sandlin stated that payday lenders have no limits on their interest rates. Mr. Sandlin said there has been a recent legislative effort to regulate credit access lenders to bring them under the usury statute, but none of those bills have passed. As a result, 21 Texas cities have enacted ordinances to regulate these payday lenders. Mr. Tagliabue and Mr. Sandlin presented a joint presentation including the definitions of an auto title loan and payday loan; a summary of the 2013 Texas payday and auto title loans; a map of credit access business in the city limits, with 14 business located in the 78411 area and 13 businesses in the 78415 zip code; auto title lending data from 2012 and 2013 in the Corpus Christi Metropolitan Statistical Area (MSA); cities with credit access business regulations and land use regulations; the key features of the model regulations; the Military Lending Act of 2007; and outreach efforts. Council members spoke regarding the following topics: the renewal or refinancing of installation loans; the legisilative loophole for payday lenders; usuary laws; and the number of credit access lenders in the 78415 zip code. R. LEGISLATIVE AGENDA: (ITEM 27) 27. Adopting the State Legislative Agenda for the 84th Texas Legislature Resolution Adopting the City of Corpus Christi's State Legislative Agenda for the 84th Texas Legislature. Mayor Martinez referred to Item 27. Director of Intergovernmental Relations Tom Tagliabue stated that this item is a future agenda item, the purpose of which is to provide an update on the City's State Legislative Agenda. Mr. Tagliabue stated that the agenda has been modified to include items recommended by Council and staff as follows: support of Del Mar, Workforce Solutions and other government recommendations; support for enhanced state regulation of payday and auto title lenders; transparency for bond ballot language discussed with the Corpus Christi Independent School District; eliminate the limitations on the number of design -build civil works projects a governmental entity is allowed to do; and recommendations from the Texas Recreation and Parks Society and the Texas Coalition for Affordable Power. Mr. Tagliabue provided an overview of the legislative agenda items the City prioritizes, endorses and supports. Mayor Martinez called for comments from the audience since the item was placed on the agenda for action. There were no comments. This Resolution was recommended to the consent agenda. S. ADJOURNMENT Corpus Christi Page 15 Printed on 10/16/2014 City Council Meeting Minutes October 14, 2014 The meeting was adjourned at 5:46 p.m. Corpus Christi Page 16 Printed on 10/16/2014 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 14, 2014 Action Item for the City Council Meeting of October 21, 2014 DATE: TO: FROM: September 30, 2014 Ronald L. Olson, City Manager Christela Morales, Procurement Manager christelam(a�cctexas.com 361-826-3169 Andy Leal, Jr, Director of Street Operations andyl©cctexas.com (361) 857-1957 Supply Agreement(s) for the purchase of Traffic Sign Blanks, Sheeting/Roll Goods and Traffic Sign Posts/Anchors CAPTION: Motion approving supply agreement(s) with the following companies in the following amounts for traffic sign blanks, sheeting/roll goods, and traffic sign posts/anchors in accordance with Bid Invitation No. BI -0240-14, based on lowest responsible bidder, for an estimated annual expenditure of $201,523.65. The terms of the agreements shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Streets Department in FY 2014- 2015. Custom Products Corp. Jackson, Mississippi Group I $42,114.00 Vulcan Signs Foley, Alabama Group II $38,530.75 3M Company St. Paul, Minnesota Group III $53,110.40 Total: $201,523.65 Centerline Supply LLC San Antonio, Texas Group IV $67,768.50 PURPOSE: These supply agreement(s) will be utilized by the traffic sign manufacturing and installation program. BACKGROUND AND FINDINGS: All extensions to the previous supply agreements have been exercised, thus requiring the City to issue a new Bid Invitation. Specifications and estimated quantities were developed in conjunction with Traffic Engineering. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Streets Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $201,523.65 $0 $201,523.65 Encumbered / Expended Amount $0 $0 $0 This item $201,523.65 $0 $201,523.65 BALANCE $0 $0 $0 Fund(s): Street Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON Group I Group II Group III GrouplV BID TABULATION BI -0240-14 TRAFFIC SIGNS ITEM DESCRIPTION QTY UNIT CENTERLINE San Antonio, UNIT PRICE SUPPLY LLC TX EXTENDED PRICE VULCAN SIGNS Foley, Alabama UNIT PRICE EXTENDED PRICE 3M COMPANY St. Paul, Minnesota UNIT PRICE EXTENDED PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi UNIT PRICE EXTENDED PRICE US STANDARD SIGN Franklin Park, Illinois UNIT PRICE EXTENDED PRICE 1.0 TRAFFIC SIGN POSTS 1.1 Sign post 2 3/8" OD x .080 (wall thickness) Galvanized, Pre -drilled 600 EA $ 27.83 $ 16,698.00 $ 22.19 $ 13,314.00 NO BID NO BID $ 18.95 $ 11,370.00 NO BID NO BID 10' length A-15 hole pattern. 1.2 Sign post 2 3/8" OD x .080 (wall thickness) Powder Coat High 200 EA $ 56.40 $ 11,280.00 $ 43.47 $ 8,694.00 NO BID NO BID $ 41.05 $ 8,210.00 NO BID NO BID Visibility Yellow, Pre -drilled 12' length A-15 hole pattern. 1.3 Sign post 2 3/8" OD x .080 (wall thickness) Galvanized, Pre -drilled 300 EA $ 31.84 $ 9,552.00 $ 26.64 $ 7,992.00 NO BID NO BID $ 23.10 $ 6,930.00 NO BID NO BID 12' length A-15 hole pattern. 1.4.0 Sign post Anchor System (Poz- Lok-socket) with wedges. 1.4.1 27" Length 600 EA $ 9.61 $ 5,766.00 $ 14.50 $ 11,004.00 NO BID NO BID $ 12.47 $ 7,482.00 NO BID NO BID 1.4.2 33" Length 100 EA $ 11.35 $ 1,135.00 $ 18.34 $ 2,119.00 NO BID NO BID $ 14.05 $ 1,405.00 NO BID NO BID 1.4.3 36" Length 100 EA $ 12.33 $ 1,233.00 $ 21.19 $ 275.00 NO BID NO BID $ 15.10 $ 1,510.00 NO BID NO BID 1.5 Wedges Only for Anchor System 600 EA $ 3.77 $ 2,262.00 $ 2.75 $ 1,650.00 NO BID NO BID $ 3.47 $ 2,082.00 NO BID NO BID (Poz-Lok-socket). Page 1 of 9 ITEM CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON DESCRIPTION QTY UNIT CENTERLINE SUPPLY LLC San Antonio, TX EXTENDED UNIT PRICE PRICE BID TABULATION BI -0240-14 TRAFFIC SIGNS VULCAN SIGNS Foley, Alabama EXTENDED UNIT PRICE PRICE 3M COMPANY St. Paul, Minnesota UNIT PRICE EXTENDED PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi EXTENDED UNIT PRICE PRICE US STANDARD SIGN Franklin Park, Illinois EXTENDED UNIT PRICE PRICE 1.6 1.7 2.0 2.1 2.2 2.3 2.4 2.5 Sign hardware caps (922 -X -fits 2 3/8" O.D. posts) for extruded blades. Sign Hardware (990-X-90 degree X Piece) for extruded blades. GROUP I TOTAL Manufacturer: Lead Time: Minimum Order: TRAFFIC SIGN BLANKS Aluminum Sign Blanks 12" x 24" Rectangle (vertical holes) 12" x 18" Rectangle (vertical holes) 18" x 18" Square (vertical holes) 18" x 24" Rectangle (horizontal holes) 18" x 48" Rectangle (no holes) 500 500 EA EA $ 4.42 $ 2,210.00 $ 4.42 $ 2,210.00 $ 52,346.00 Centerline Supply Stock 30 Days ARO As Required 3.50 3.35 Trinity 10-12 weeks $ 1,750.00 $ 1,675.00 $ 48,473.00 NO BID NO BID $ NO BID NO BID $ 3.10 3.15 $ 1,550.00 $ 1,575.00 $ 42,114.00 RM Components (posts) CPC (brackets 84 (posts) 14 (brakcets) Posts must be ordered in full bundles NO BID NO BID NO BID NO BID 50 EA $ 5.56 $ 278.00 $ 4.26 $ 213.00 NO BID NO BID $ 5.17 $ 258.50 $ 4.39 $ 219.50 200 EA $ 4.07 $ 814.00 $ 3.04 $ 608.00 NO BID NO BID $ 3.65 $ 730.00 $ 3.44 $ 688.00 200 EA $ 5.50 $ 1,100.00 $ 4.71 $ 942.00 NO BID NO BID $ 5.41 $ 1,082.00 $ 4.94 $ 988.00 100 EA $ 7.45 $ 745.00 $ 5.97 $ 597.00 NO BID NO BID $ 7.15 $ 715.00 $ 6.60 $ 660.00 50 EA $ 14.26 $ 713.00 $ 12.45 $ 622.50 NO BID NO BID $ 13.97 $ 698.45 $ 13.20 $ 660.00 Page 2 of 9 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON BID TABULATION BI -0240-14 TRAFFIC SIGNS ITEM DESCRIPTION QTY UNIT CENTERLINE San Antonio, UNIT PRICE SUPPLY LLC TX EXTENDED PRICE VULCAN SIGNS Foley, Alabama UNIT PRICE EXTENDED PRICE 3M COMPANY St. Paul, Minnesota UNIT PRICE EXTENDED PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi UNIT PRICE EXTENDED PRICE US STANDARD SIGN Franklin Park, Illinois UNIT PRICE EXTENDED PRICE 2.6 18" x 60" Rectangle (no holes) 100 EA $ 21.44 $ 2,144.00 $ 19.31 $ 1,931.00 NO BID NO BID $ 17.49 $ 1,749.00 $ 16.51 $ 1,651.00 2.7 18" x 72" Rectangle (no holes) 100 EA $ 25.47 $ 2,547.00 $ 23.22 $ 2,322.00 NO BID NO BID $ 20.98 $ 2,098.00 $ 20.12 $ 2,012.00 2.8 24" x 24" Square (vertical holes) 100 EA $ 9.75 $ 975.00 $ 8.19 $ 819.00 NO BID NO BID $ 9.38 $ 938.00 $ 8.81 $ 881.00 2.9 24" x 30" Rectangle (horizontal holes) 200 EA $ 11.69 $ 2,338.00 $ 10.18 $ 2,036.00 NO BID NO BID $ 11.65 $ 2,330.00 $ 11.01 $ 2,202.00 2.10 24" x 36" Rectangle (horizontal holes) 100 EA $ 14.04 $ 1,404.00 $ 12.32 $ 1,232.00 NO BID NO BID $ 13.81 $ 1,381.00 $ 13.20 $ 1,320.00 2.11 24" x 48" Rectangle (horizontal holes) 100 EA $ 23.11 $ 2,311.00 $ 20.08 $ 2,008.00 NO BID NO BID $ 18.65 $ 1,865.00 $ 22.00 $ 2,200.00 2.12 24" x 60" Rectangle (no holes) 25 EA $ 28.46 $ 711.50 $ 25.07 $ 626.75 NO BID NO BID $ 23.22 $ 580.50 $ 28.52 $ 713.00 2.13 30" x 30" Diamond (vertical holes) 50 EA $ 15.45 $ 772.50 $ 12.65 $ 632.50 NO BID NO BID $ 14.57 $ 728.50 $ 17.20 $ 860.00 2.14 36" x 36" Rectangle (vertical holes) 50 EA $ 26.78 $ 1,339.00 $ 23.24 $ 1,162.00 NO BID NO BID $ 20.30 $ 1,015.00 $ 24.76 $ 1,238.00 Extruded Aluminum Sign Blanks 2.15 9" x 24" 900 EA $ 6.62 $ 5,958.00 $ 4.61 $ 4,149.00 NO BID NO BID $ 6.21 $ 5,589.00 $ 5.67 $ 6,390.00 2.25 9" x 30" 900 EA $ 7.85 $ 7,065.00 $ 5.75 $ 5,175.00 NO BID NO BID $ 7.78 $ 7,002.00 $ 7.10 $ 7,668.00 2.26 9" x 36" 900 EA $ 9.93 $ 8,937.00 $ 6.87 $ 6,183.00 NO BID NO BID $ 9.33 $ 8,397.00 $ 8.52 $ 8,946.00 2.27 9" x 42" 900 EA $ 11.28 $ 10,152.00 $ 8.08 $ 7,272.00 NO BID NO BID $ 10.94 $ 9,846.00 $ 9.94 $ 8,946.00 GROUP 11 TOTAL $ 50,304.00 $ 38,530.75 $ 47,002.95 $ 48,242.50 Manufacturer: Centerline Supply Stock Vulcan CPC US Standard Sign Lead Time: 30 Days ARO 30 Days ARO 21-30 24 Days Minimum Order: As Required N/A $1,000.00 $2,500.00 Page 3 of 9 ITEM CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON DESCRIPTION QTY UNIT CENTERLINE SUPPLY LLC San Antonio, TX EXTENDED UNIT PRICE PRICE BID TABULATION BI -0240-14 TRAFFIC SIGNS VULCAN SIGNS Foley, Alabama EXTENDED UNIT PRICE PRICE 3M COMPANY St. Paul, Minnesota UNIT EXTENDED PRICE PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi EXTENDED UNIT PRICE PRICE US STANDARD SIGN Franklin Park, Illinois EXTENDED UNIT PRICE PRICE 3 3.0 3.1 3.2 3.3 3.4 3.5 3.6 TRAFFIC SIGN SHEETING - ROLL GOODS White, high intensity grade reflective sheeting, pressure sensitive, 24" x 50 yds. White, high intensity grade reflective sheeting, pressure sensitive 30" x 50 yds. White, high intensity grade reflective sheeting, pressure sensitive 36" x 50 yds. White, super engineer grade reflective sheeting, pressure sensitive, 36" x 50 yds. White, super engineer grade reflective sheeting, pressure sensitive, 5/8" x 50 yds. White, super engineer grade reflective sheeting, pressure sensitive, 3/4" x 50 yds. White, super engineer grade reflective sheeting, pressure sensitive, 1/2" x 50 yds. 5 5 5 15 5 10 10 ROLLS $ 436.74 ROLLS $ 545.92 ROLLS $ 655.11 ROLLS $ 545.71 $ 2,183.70 $ 2,729.60 $ 3,275.55 $ 8,185.65 ROLLS $ 8.72 $ ROLLS 10.35 $ ROLLS $ 7.04 $ $ 366.00 $ 1,830.00 $ 354.00 $ 1,770.00 $ 375.05 $ 1,875.25 NO BID NO BID $ 457.50 $ 2,287.50 $ 442.50 $ 2,212.50 $ 472.50 $ 2,362.50 NO BID NO BID $ 549.00 $ 2,745.00 $ 531.00 $ 2,655.00 $ 744.00 $ 3,720.00 NO BID NO BID $ 463.50 $ 6,952.50 $ 531.00 $ 7,965.00 $ 445.50 $ 6,682.50 NO BID NO BID 43.60 $ 8.05 $ 40.25 $ 9.22 $ 46.10 $ 9.90 $ 49.50 NO BID NO BID 103.50 $ 9.66 $ 96.60 $ 11.06 $ 110.60 $ 12.38 $ 123.80 NO BID NO BID 70.40 $ 6.44 $ 64.40 $ 737.00 $ 7,370.00 $ 7.92 $ 79.20 NO BID NO BID Page 4 of 9 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON BID TABULATION BI -0240-14 TRAFFIC SIGNS ITEM DESCRIPTION QTY UNIT CENTERLINE San Antonio, UNIT PRICE SUPPLY LLC TX EXTENDED PRICE VULCAN SIGNS Foley, Alabama UNIT PRICE EXTENDED PRICE 3M COMPANY St. Paul, Minnesota UNIT PRICE EXTENDED PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi UNIT PRICE EXTENDED PRICE US STANDARD SIGN Franklin Park, Illinois UNIT PRICE EXTENDED PRICE 3.7 White, super engineer grade reflective sheeting, pressure sensitive, 7/8" x 50 yds. 10 ROLLS $ 12.16 $ 121.60 $ 11.26 $ 112.60 $ 12.91 $ 129.10 $ 13.86 $ 138.60 NO BID NO BID 3.8 Orange, super engineer grade reflective sheeting, pressure sensitive, 30" x 50 yds. 2 ROLLS $ 655.11 $ 1,310.22 $ 549.00 $ 1,098.00 $ 531.00 $ 1,062.00 $ 616.07 $ 1,232.14 NO BID NO BID 3.9 Orange/white, Barricade high intensity grade reflective sheeting, pressure sensitive, 8" x 50 yds. 5 ROLLS $ 176.11 $ 880.55 $ 123.00 $ 615.00 $ 125.00 $ 625.00 $ 130.05 $ 650.25 NO BID NO BID (Left) 3.10 Orange/white, Barricade high intensity grade reflective sheeting, pressure sensitive, 8" x 50 yds. 5 ROLLS $ 176.11 $ 880.55 $ 123.00 $ 615.00 $ 125.00 $ 625.00 $ 130.05 $ 650.25 NO BID NO BID (Right) 3.11 Yellow, high intensity grade reflective sheeting, pressure sensitive, 30" x 50 yds. 2 ROLLS $ 545.92 $ 1,091.84 $ 457.00 $ 914.00 $ 442.50 $ 885.00 $ 513.39 $ 1,026.78 NO BID NO BID 3.12 Yellow, high intensity grade reflective sheeting, pressure sensitive, 36" x 50 yds. 1 ROLLS $ 655.11 $ 655.11 $ 549.00 $ 549.00 $ 531.00 $ 531.00 $ 578.07 $ 578.07 NO BID NO BID 3.13 Green, high intensity grade reflective sheeting, pressure sensitive, 10" x 50 yds. 40 ROLLS $ 181.97 $ 7,278.80 $ 463.56 $ 18,542.40 $ 147.50 $ 5,900.00 $ 189.00 $ 7,560.00 NO BID NO BID 3.14 Green, high intensity grade reflective sheeting, pressure sensitive, 18" x 50 yds. 3 ROLLS $ 327.55 $ 982.65 $ 274.50 $ 823.50 $ 265.50 $ 796.50 $ 279.00 $ 837.00 NO BID NO BID Page 5 of 9 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON BID TABULATION BI -0240-14 TRAFFIC SIGNS ITEM DESCRIPTION QTY UNIT CENTERLINE San Antonio, UNIT PRICE SUPPLY LLC TX EXTENDED PRICE VULCAN SIGNS Foley, Alabama UNIT PRICE EXTENDED PRICE 3M COMPANY St. Paul, Minnesota UNIT PRICE EXTENDED PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi UNIT PRICE EXTENDED PRICE US STANDARD SIGN Franklin Park, Illinois UNIT PRICE EXTENDED PRICE 3.15 Green, high intensity grade reflective sheeting, pressure sensitive, 24" x 50 yds. 3 ROLLS $ 436.74 $ 1,310.22 $ 366.00 $ 1,098.00 $ 354.00 $ 1,062.00 $ 375.06 $ 1,125.18 NO BID NO BID 3.16 Green, high intensity grade reflective sheeting, pressure sensitive, 30" x 50 yds. 2 ROLLS $ 545.92 $ 1,091.84 $ 457.50 $ 915.00 $ 442.50 $ 885.00 $ 466.00 $ 932.00 NO BID NO BID 3.17 Black, non -reflective film, pressure sensitive, 1/2" x 50 yds. 5 ROLLS $ 7.34 $ 36.70 $ 7.96 $ 39.80 $ 4.69 $ 23.45 $ 8.66 $ 43.30 NO BID NO BID 3.18 Black, non -reflective film, pressure sensitive, 5/8" x 50 yds. 10 ROLLS $ 9.17 $ 91.70 $ 9.95 $ 99.50 $ 5.86 $ 58.60 $ 10.83 $ 108.30 NO BID NO BID 3.19 Black, non -reflective film, pressure sensitive, 3/4" x 50 yds. 10 ROLLS $ 10.92 $ 109.20 $ 11.93 $ 119.30 $ 7.03 $ 70.30 $ 12.99 $ 129.90 NO BID NO BID 3.20 Black, non -reflective film pressure sensitive, 7/8" x 50 yds. 5 ROLLS $ 12.85 $ 64.25 $ 13.92 $ 69.60 $ 8.20 $ 41.00 $ 15.16 $ 75.80 NO BID NO BID 3.21 Black, non -reflective film, pressure sensitive, 30" x 50 yds. 4 ROLLS $ 421.57 $ 1,686.28 $ 270.00 $ 1,080.00 $ 281.25 $ 1,125.00 $ 309.80 $ 1,239.20 NO BID NO BID 3.22 SCPM - 3 application tape, 4" x 4 ROLLS $ 17.90 $ 71.60 $ 15.780 $ 63.12 $ 12.00 $ 48.00 $ 12.53 $ 50.12 NO BID NO BID 50 yds. 3.23 SCPM - 3 application tape, 6" x 50 yds. 4 ROLLS $ 26.76 $ 107.04 $ 22.800 $ 91.20 $ 18.00 $ 72.00 $ 18.68 $ 74.72 NO BID NO BID 3.24 SCPM - 3 application tape, 8" x 4 ROLLS $ 35.67 $ 142.68 $ 29.830 $ 119.32 $ 24.00 $ 96.00 $ 24.43 $ 97.72 NO BID NO BID 50 yds. Page 6 of 9 ITEM CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON DESCRIPTION QTY UNIT CENTERLINE SUPPLY LLC San Antonio, TX EXTENDED UNIT PRICE PRICE BID TABULATION BI -0240-14 TRAFFIC SIGNS VULCAN SIGNS Foley, Alabama EXTENDED UNIT PRICE PRICE 3M COMPANY St. Paul, Minnesota UNIT PRICE EXTENDED PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi EXTENDED UNIT PRICE PRICE US STANDARD SIGN Franklin Park, Illinois EXTENDED UNIT PRICE PRICE 3.25 3.26 3.27 3.28 4.0 4.1 4.2 4.3 SPCM - 3 application tape 10" x 50 yds. F -Cal Premium Grade Film 24" x 50 yds. F -Cal Premium Grade Film 30" x 50 yds. F -Cal Premium Grade Film 36" x 50 yds. GROUP 111 TOTAL Manufacturer: Lead Time: Minimum Order: TOTAL AWARD Traffic Sign Posts Sign post 10 BWG Tubing (2.875" OD) 0.134 (wall thickness) 10' length. Sign post 10 BWG Tubing (2.875" OD) 0.134 (wall thickness) 12' length. Sign post Sch. 80 Pipe (2.875" OD) 0.276 (wall thickness) 10' length. 8 15 15 15 ROLLS ROLLS ROLLS ROLLS $ 43.90 $ 480.48 $ 600.60 $ 720.72 Avery 30 Days ARO As Required $ 351.20 $ 7,207.20 $ 9,009.00 $ 10,810.80 $ 61,883.03 $ 35.080 $ 280.64 $ 570.00 $ 8,550.00 $ 712.50 $ 10,687.50 $ 855.00 $ 12,825.00 $ 60,498.73 3M/ NCI/ ATSM 30 Days ARO $ 30.00 $ 495.00 $ 618.75 $ 742.50 $ 240.00 $ 7,425.00 $ 9,281.25 $ 11,137.50 $ 53,110.40 3M COMPNAY 20-30 DAYS ARO NONE 150 EA $ 41.04 $ 6,156.00 $ 46.19 $ 6,928.50 NO BID NO BID 150 EA $ 47.94 $ 7,191.00 $ 54.48 $ 8,172.00 NO BID NO BID 100 EA $ 81.00 $ 8,100.00 $ 118.02 $ 11,802.00 NO BID NO BID $ 30.18 $ 530.00 $ 725.07 $ 845.82 3M 21 Days NO BID NO BID NO BID $ 241.44 $ 7,950.00 $ 10,876.05 $ 12,687.30 $ 63,196.87 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID Page 7 of 9 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON BID TABULATION BI -0240-14 TRAFFIC SIGNS ITEM DESCRIPTION QTY UNIT CENTERLINE San Antonio, UNIT PRICE SUPPLY LLC TX EXTENDED PRICE VULCAN SIGNS Foley, Alabama UNIT PRICE EXTENDED PRICE 3M COMPANY St. Paul, Minnesota UNIT PRICE EXTENDED PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi UNIT PRICE EXTENDED PRICE US STANDARD SIGN Franklin Park, Illinois UNIT PRICE EXTENDED PRICE 4.4 Sign post Sch. 80 Pipe (2.875" 100 EA $ 84.00 $ 8,400.00 $ 137.99 $ 13,799.00 NO BID NO BID NO BID NO BID NO BID NO BID OD) 0.276 (wall thickness) 12' length. 4.5 Galvanized Triangular Slipbase 100 EA $ 84.20 $ 8,420.00 $ 145.17 $ 14,517.00 NO BID NO BID NO BID NO BID NO BID NO BID Assembly consists of stub, collar, nuts & bolts, bolt keeper plate triangle breakaway 4.6 U -Sign Supports for 2 7/8" OD post 50 EA $ 77.50 $ 3,875.00 $ 109.22 $ 5,461.00 NO BID NO BID NO BID NO BID NO BID NO BID 4.7 T -Sign Supports for 2 7/8" OD post 50 EA $ 37.70 $ 1,885.00 $ 37.52 $ 1,876.00 NO BID NO BID NO BID NO BID NO BID NO BID 4.8 U -Sign Support Extension Post for 100 EA $ 15.44 $ 1,544.00 $ 18.83 $ 1,883.00 NO BID NO BID NO BID NO BID NO BID NO BID 2 7/8" OD post 4.9 U -Bolt Sign Clamps to fit 2 3/8" 600 EA $ 2.35 $ 1,410.00 $ 3.74 $ 2,244.00 NO BID NO BID NO BID NO BID NO BID NO BID OD post 4.10 U -Bolt Sign Clamps to fit 2 7/8" 600 EA $ 2.35 $ 1,410.00 $ 3.88 $ 2,328.00 NO BID NO BID NO BID NO BID NO BID NO BID OD post 4.11 12" Street Name Blade Cross 400 EA $ 11.40 $ 4,560.00 $ 7.85 $ 3,140.00 NO BID NO BID $ 9.50 $ 3,800.00 NO BID NO BID Bracket for Extruded Blades 4.12 Round Post Cap for 2 3/8" OD 400 EA $ 11.40 $ 4,560.00 $ 7.85 $ 3,140.00 NO BID NO BID $ 9.50 $ 3,800.00 NO BID NO BID Post 12" Blade holder for Extruded Blades 4.13 Round Post Cap for 2 7/8" OD 400 EA $ 14.40 $ 5,760.00 $ 10.25 $ 4,100.00 NO BID NO BID NO BID NO BID NO BID NO BID Post 12" Blade holder for Extruded Blades 4.14 Surface Mount Triangle Slipbase 50 EA $ 89.95 $ 4,497.50 $ 113.27 $ 5,663.50 NO BID NO BID NO BID NO BID NO BID NO BID Assembly Page 8 of 9 ITEM CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON DESCRIPTION QTY UNIT CENTERLINE SUPPLY LLC San Antonio, TX EXTENDED UNIT PRICE PRICE BID TABULATION BI -0240-14 TRAFFIC SIGNS VULCAN SIGNS Foley, Alabama EXTENDED UNIT PRICE PRICE 3M COMPANY St. Paul, Minnesota UNIT PRICE EXTENDED PRICE CUSTOM PRODUCTS CORPORATION Jackson, Mississippi EXTENDED UNIT PRICE PRICE US STANDARD SIGN Franklin Park, Illinois EXTENDED UNIT PRICE PRICE GROUP IV TOTAL Manufacturer: Lead Time: Minimum Order: TOTAL AWARD Centerline 30 Days ARO As Reuired $ 67,768.50 Trinity 10-12 weeks $ 172,351.69 $ 7,600.00 Page 9 of 9 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 14, 2014 Action Item for the City Council Meeting of October 21, 2014 DATE: TO: September 18, 2014 Ronald L. Olson, City Manager FROM: Emily Martinez (361) 882-7448 emartinez@ccredc.com Agreement for temporary tax abatement for the development located in the 900 block of North Water Street CAPTION: Approving a resolution authorizing the execution of an agreement with Prosperity Bank providing for temporary property tax abatement PURPOSE: Granting a tax abatement to Prosperity Bank for a term of up to eight years. BACKGROUND AND FINDINGS: Prosperity Bank submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the building located in the 900 block of North Water Street. The development is located within the Council designated downtown catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, Prosperity Bank is seeking tax abatement as per section 2 (i)(3) of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any the project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad -valorem tax will be abated based on the following schedule: • Years 1-5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% The building to be constructed will become the bank's office and drive through. Improvements are estimated to be approximately $2,686,000 all of which is eligible for tax abatement. The property is currently appraised at $165,733. This project will retain fifteen (15) permanent jobs. ALTERNATIVES: There are no other incentives available to a project this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Level 3 treatment. It is in a catalyst area as defined by the City Council. EMERGENCY / NON -EMERGENCY: NON -EMERGENCY FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 55,021 55,021 BALANCE 55,021 55,021 Fund: General Comments: The amount of taxes for ten years for the unimproved property would be $9,700. With the tax abatement, the amount of property tax collected over the base amount of $165,733, will be $55,021 in new tax revenues. RECOMMENDATION: Staff recommends approval to grant a temporary tax abatement to Prosperity Bank, the owner of taxable property located of in the 900 block of North Water Street in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Resolution — Prosperity Bank Tax Abatement Agreement Page 1 of 2 Resolution Authorizing the execution of an agreement with Prosperity Bank providing for temporary property tax abatement Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act"), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by Prosperity Bank for the construction of a facility in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Prosperity Bank providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Prosperity Bank, attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of , 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary RESOLUTION - Tax Abatement Prosperity Bank Nelda Martinez Mayor Corpus Christi, Texas of , 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION - Tax Abatement Prosperity Bank Page2of2 TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement") is made and entered into by and between the City of Corpus Christi, Texas ("City") and Prosperity Bank, a Texas State Banking Association ("Owner" or "Prosperity"), the owner of taxable property in the City of Corpus Christi, Texas, located on 901 North Water Street, Corpus Christi, Nueces County, Texas ("Property"). I. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. II. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act 2. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement. 3. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events: (1) When a certificate of occupancy is issued for the project (if within City limits). (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion; based upon the above criteria and the other factors as the City may deem relevant. Page 1 of 14 (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 4."Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility'" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 5. "`Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 6. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 7. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. 8. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, ail definitions in the guidelines and criteria are applicable to this Agreement. 111. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas. Page 2 of 14 B. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. 0540-0024-0010 (191783) Land $533,162 Improvements $165,733 C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $2,686,000 D. The parties agree that, for purposes of this Agreement, the Base Year Value shall be as follows: Base Year Value: $165,733 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the 2022 tax year. If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the 2022 tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post -construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement. Any default is subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. Page 3 of 14 3. The value of Ineligible Property is fully taxable. VI. AMOUNT OF ABATEMENT A. The Abatement provided by this Agreement is based upon a Service Facility located in the Renewal Community, Owner represents and warrants that this project will retain fifteen (15) permanent or full-time operating or contract employee and will maintain the same level of employment for the term of the abatement agreement, the percentage of tax abated is under the following schedule: Percentage of Abatement Construction Period (not to exceed 2 years) 100% Year I 100% Year 2 100% Year 3 100% Year 4 75% Year 5 50% Year 6 25% B. In order to be counted as a permanent job under this Agreement, the job must be a full- time position providing regular work schedules at least 35 hours per week. For compliance purposes, the determination date is January 1 of each year commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under this Agreement is based upon the employment information as of January 1 of the year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. C. At the time of execution of this Agreement, the Owner states to the City that the minimum investment comprising permanent Improvements upon completion of the Construction Phase is: $2,686,000 ("Minimum Investment"), of which $2,686,000 is eligible for tax abatement. D. The formula for calculating the additional tax is outlined as follows: (Tax Ratej x f(85% of Minimum Investment - Actual Minimum Investment ) x (100% - Abatement %)j = Additional Tax. Page 4 of 14 VII. CONTEMPLATED IMPROVEMENTS A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Ag reement. B. Owner represents and warrants that this project will retain fifteen (15) permanent or full-time operating or contract employee and will maintain the same level of employment for the term of the abatement agreement. Also, Owner represents and warrants the project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to another. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of fifteen (15) permanent jobs by the January 1 following the completion of construction, no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to begin operation with the minimum number of fifteen (15) permanent jobs by the next January 1, then this Abatement Agreement terminates and all abated taxes during the period of construction are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and begins operation with the required minimum number of permanent jobs, but subsequently discontinues operations or the minimum number of permanent jobs is not maintained on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. Page 5 of 14 D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. E. Actual Investment. Should the Company not reach the investment as stated in Section 6. C., the difference between the tax abated on the minimum investment and the tax that should have been abated based upon the actual investment as determined by the City must be paid within 60 days of notification to the Owner of the determination. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrue under the laws of the State of Texas. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continue in existence from year to year until the time as Page 6 of 14 this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full, as applicable. H. City Council Reserves Right to Terminate of Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. I. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60 -day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42.43. IX. ADMINISTRATION A. Inspections. The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty-four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement. (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. Page 7 of 14 3. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. 4. Submit to the Nueces County Appraisal District an Application for Property Tax Abatement Exemption (Texas Comptroller of Public Accounts Property Tax Form 50- 116). A copy must be forwarded to the City. D. Utilization of Local Contractors and Suppliers. Owner 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 contracts and supply agreements. 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. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner 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 Owner 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. E. Utilization of Disadvantaged Business Enterprises ("DBE"). Owner agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, 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 office of the business as complying with state or federal standards for qualification as such an enterprise. Owner agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner 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 Page 8 of 14 determine if Owner 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 disadvantaged business enterprises, 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. F. Living Wage Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program 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. G. 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. H. Undocumented Workers. Prosperity does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Prosperity is convicted of a violation under §U.S.C. Section 1324a(f), Prosperity shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not #ater than the 120th day after the date Prosperity has been notified of the violation. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities are joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. Page 9 of 14 Xl. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, al! notices are delivered to the following addresses: To the City: To the Owner: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager Prosperity Bank 500 North Water Street Suite 100 Corpus Christi, Texas 78401 Attn: David Weatherston, President C. Either party may designate a different address by giving the other party ten days written notice. This Section XI., Notices, survives expiration or termination of this Agreement. XII. CONFIDENTIALITY A. As a result of its relationship with Prosperity, City may learn or have access to various trade secrets, confidential and proprietary methods, techniques, processes, business plans, names of applicants, borrowers, customers (whether current, former, or prospective customers), or employees, customer account and other non-public personal information, procedures, business operations, credit policies and other information that is confidential and proprietary to Prosperity (collectively, the "Confidential Information"). B. City further agrees that it will use all reasonable means to safeguard the Confidential Information and return all Confidential Information in its possession to Prosperity upon Prosperity's written request and in all cases upon the termination or cancellation of this Agreement, subject however, to any applicable legal requirements concerning the maintenance of records or compliance with the Texas Public Information Act. Prosperity agrees that the City is a governmental entity bound by the Texas Public Information Act. C. This Section XII., Confidentiality, survives termination or expiration of this Agreement. Page 10 of 14 This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of , 2014. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Rebecca Muerte Ronald L. Olson City Secretary City Manager OWNER: Prosperity B David Weatherston President Prosperity Bank ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on David Weatherston, President, Prosperity Bank, a the institution. SHARON 3 KNOPP Notary Public, State of Texas My Commission Expires APRIL 1T, 201B KNOW ALL BY THESE PRESENTS , 2014, by Te s stat financial institution, on behalf of NOTARY PUBLIC, State of Texas Page 11 of 14 SCHEDULE 1 "Buy Local" Annual Reports The following information is reported to the City on a calendar -year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for Tabor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily -available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This terra does not include engineering services in connection with the project design. 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. Page 12 of 14 Exhibit A Project Plan Prosperity Bank already has a motor facility located on this site. They plan to demolish the existing structure and erect a two story building for their bank with a motor banking component. Page 13 of 14 EXHIBIT B Property Description The property is located at 901 North Water Street, Corpus Christi, Texas. More accurately described as Beach Frac Lot 1 and all of lots 2 through 6 less west 4 feet of lots 1 and 2 Block 24. The 4 feet is City property. Page 14 of 14 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 14, 2014 Second Reading Ordinance for the City Council Meeting of October 21, 2014 DATE: October 14, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Michael Armstrong, Director of Municipal Information Systems michaelar@cctexas.com 361-826-3740 Appropriating Funds for and Awarding the purchase and installation of two (2) 911 Workstations CAPTION: Ordinance appropriating $335,866.17 from the Unreserved Fund Balance into the No. 5210 Municipal Information System Fund for the purchase and installation of two (2) 911 workstations; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $335,866.17 in the No. 5210 Municipal Information System Fund; and approving the purchase and installation of two (2) workstations from Intrado System Corporation for $335,866.17 based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments. PURPOSE: This equipment will upgrade the existing 911 Workstations to Power 911 Intelligent Workstations and will include project management and training. BACKGROUND AND FINDINGS: Positron Viper is the 911 call handling system for Corpus Christi and Nueces County. The Police Department upgraded to Positron Viper in 2009. The workstations are an integrated Intelligent workstation that provides call takers with on-screen control of both landline and wireless calls. The workstations allow MetroCom Supervisors advanced reporting, analysis, print call, incident, and dispatch reports. The upgrade will allow for a fully useable back up for 911 calls if the current 911 center has to be moved to a backup location. This workstation purchase will allow our Positron Viper to be upgraded and integrated with the Next Generation 911 that will allow call takers to receive texts and videos through though mobile devices when allowed. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $335,866.17 $335,866.17 BALANCE $0.00 $0.00 Fund(s): Municipal Information System Fund Comments: Funds were budgeted for FY 2013-2014, however, funds were not expended prior to fiscal year-end, and will be rolled into the Fund Balance for FY 2014-2015. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. Page 1 of 2 Ordinance appropriating $335,866.17 from the Unreserved Fund Balance into the No. 5210 Municipal Information System Fund for the purchase and installation of two (2) 911 workstations; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $335,866.17 in the No. 5210 Municipal Information System Fund; and approving the purchase and installation of two (2) workstations from Intrado System Corporation for $335,866.17 based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Funds in the amount of $335,866.17 are appropriated from the Unreserved Fund Balance into the No. 5210 Municipal Information System Fund for the purchase and installation of two (2) 911 workstations. The workstations will be used by the Corpus Christi Police Department's MetroComm Unit. Section 2. The FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 is changed by increasing expenditures each by $335,866.17 in the No. 5210 Municipal Information System Fund. Section 3. The purchase from and installation by Intrado System Corporation of Longmont, Colorado, of two (2) 911 workstations, for a total amount of $335,866.17, is approved. The purchase of the workstations is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments, and the City Manager or his designee is authorized to execute all documents necessary to complete the purchase and installation. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb Page 2of2 The foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of , 2014 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION QTY UNIT PRICE SHEET HGAC CONTRACT NO. EC07-14 911 WORKSTATIONS Intrado Systems Corp. Longmont, CO UNIT TOTAL PRICE PRICE 1 Intrado Viper Power 911 Intelligent Workstations 2 Each $ 167,933.09 $335,866.17 Total: $335,866.17 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 14, 2014 Second Reading Ordinance for the City Council Meeting of October 21, 2014 DATE: October 14, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager chrisetalm@cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd@cctexas.com (361) 826-1909 Appropriating Funds for and Awarding the Purchase of two (2) Trucks CAPTION: Ordinance appropriating $437,530 from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of two (2) trucks; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $437,530 in the No. 4200 Wastewater Fund; and approving the purchase of two (2) trucks from Rush Truck Center of Texas for $437,530 based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments. PURPOSE: The trucks will be used by Solid Waste Operations to transport wastewater sludge in the containers from various Wastewater Treatment Plant to the Cefe Valenzuela Landfill. All units are replacements to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: CNG is not available for this vehicle. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Future Years TOTALS Line Item Budget Reliability (OEM available?) $0.00 (CNG not available) Specifications (Bi -Fuel available?) Encumbered / Expended Amount (Bi -Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X $437,530.00 No OEM available X BALANCE Mission Capability compromised X OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $437,530.00 $437,530.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Page 1 of 2 Ordinance appropriating $437,530 from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of two (2) trucks; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $437,530 in the No. 4200 Wastewater Fund; and approving the purchase of two (2) trucks from Rush Truck Center of Texas for $437,530 based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Funds in the amount of $437,530 are appropriated from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of two (2) trucks. The trucks will be used by the Wastewater Treatment Plants to haul sludge to the Cefe Valenzuela Landfill. Section 2. The FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 is changed by increasing expenditures by $437,530 in the No. 4200 Wastewater Fund. Section 3. The purchase from Rush Truck Center of Texas, L.P., of Houston, Texas, of two (2) Peterbilt trucks with Heil low -lift 22' roll off containers, for a total amount of $437,530.00, is approved. The purchase of the trucks is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments, and the City Manager or his designee is authorized to execute all documents necessary to complete the purchase. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb Page 2 of 2 The foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of , 2014 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO ITEM DESCRIPTION QTY. PRICE SHEET HGAC- Contract No. - HT06-14 UNIT RUSH TRUCK CENTEROF TEXAS, L.P. HOUSTON, TEXAS Unit Extended Price Price 1. Peterbilt 367 truck with Heil low lift 22' rolloff sludge containers. 2 EA $218,765.00 $437,530.00 Award Total $437,530.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 14, 2014 Second Reading Ordinance for the City Council Meeting of October 21, 2014 DATE: October 14, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager chrisetalm@cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd@cctexas.com (361) 826-1909 Appropriating Funds for and Awarding the Purchase of twenty-three (23) Round Bottom Containers CAPTION: Ordinance appropriating $164,149 from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of 23 containers; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $164,149 in the No. 4200 Wastewater Fund; and approving the purchase of 23 containers from Wastequip, Beeville, Texas, for $164,149 based on the cooperative purchasing agreement with the National Joint Powers Alliance. PURPOSE: The containers will be used to haul sludge from each Wastewater Treatment Plant (WWTP) to the Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The acquisition of these containers will improve efficiency by sharing delivery responsibilities across multiple plants and increase capacity of the containers, which will reduce the number of vehicles and the number of trips from each WWTP to the landfill. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $164,149.00 $164,149.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Page 1 of 2 Ordinance appropriating $164,149 from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of 23 containers; changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing expenditures by $164,149 in the No. 4200 Wastewater Fund; and approving the purchase of 23 containers from Wastequip, Beeville, Texas, for $164,149 based on the cooperative purchasing agreement with the National Joint Powers Alliance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Funds in the amount of $164,149 are appropriated from the Unreserved Fund Balance into the No. 4200 Wastewater Fund for the purchase of 23 round bottom containers. The containers will be used by the Wastewater Treatment Plants to haul sludge to the Cefe Valenzuela Landfill. Section 2. The FY2014-2015 Operating Budget adopted by Ordinance No. 030294 is changed by increasing expenditures by $164,149 in the No. 4200 Wastewater Fund. Section 3. The purchase from Wastequip, of Beeville, Texas, of 23 round bottom containers ranging in size from seven to nine yards, for a total amount of $164,149.00, is approved. The purchase of the containers is based on the cooperative purchasing agreement with the National Joint Powers Alliance, and the City Manager or his designee is authorized to execute all documents necessary to complete the purchase. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb Page 2 of 2 The foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of , 2014 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO Price Sheet ROUND BOTTOM CONTAINERS NJPA Contract # 060612-WQI Wastequip May Fab Beeville, Texas Item Description 1 25 Yd round bottom gasketed door open top Qty. Unit Price Extended Price 2 Installed side rolling tarp for 25 yd 3 Carboline 4500 (20 mil thick) for 25 yd RBGD 4 15 Yd round bottom gasketed door open top - 15' long 5 Carboline 4500 (20 mil thick) for 15 yd RBGD 6 9 Yd round bottom gasketed door open top - 12' long 7 Carboline 4500 (20 mil thick) for 9 yd RBGD 8 Freight Charges 9 9 9 7 7 7 7 1 $6,171.00 $650.00 $1,540.00 5,275.00 $55,539.00 $5,850.00 $13,860.00 36, 925.00 $1,150.00 $8,050.00 $4,750.00 $33,250.00 $1,025.00 $7,175.00 $3,500.00 $3,500.00 Total $164,149.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 14, 2014 Second Reading Ordinance for the City Council Meeting of October 21, 2014 DATE: September 15, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Amending the FY2014-2015 Crime Control and Prevention District Budget CAPTION: Approving the FY 2014-2015 amended budget for the Corpus Christi Crime Control and Prevention District to include expenditures of $1,296,212 for the addition of eleven (11) officers, two (2) lieutenants, four (4) vehicles, and related equipment and supplies; and amending Ordinance No. 030294 by increasing the number of authorized "Police Lieutenant" positions by two (2) and the number of authorized "Police Officer and Senior Police Officer" by forty eight (48). PURPOSE: FY2015 budget needs to be amended by the City Council. BACKGROUND AND FINDINGS: The Crime Control and Prevention District board adopted the original budget on June 18, 2014 and City Council approved the budget on August 12, 2014. The Board voted to amend the FY2015 budget by adding eleven officers, two Lieutenants, and related expenditures in the amount of $1,296,212 on September 10, 2014. The City Council must approve the amended budget. The number of authorized positions is being modified to provide for the increase by the Crime Control and Prevention District and provide for future growth as funding is available. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: OMB Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $6,399,668 $6,399,668 Encumbered / Expended Amount This item $1,296,212 $1,296,212 BALANCE $7,695,880 $7,695,880 Fund(s): Crime Control and Prevention District Comments: RECOMMENDATION: Staff recommends amending the budget LIST OF SUPPORTING DOCUMENTS: Modified pages to the original approved budget document. Ordinance Approving the FY 2014-2015 amended budget for the Corpus Christi Crime Control and Prevention District to appropriate expenditures of $1,296,212 for the addition of eleven (11) officers, two (2) lieutenants, four (4) vehicles, and related equipment and supplies; and amending the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294, by increasing the number of "Police Lieutenant" positions by two (2) and the classification of "Police Officer and Senior Police Officer" by forty eight (48). WHEREAS, pursuant to §363.205 Local Government Code, the Corpus Christi Crime Control and Prevention District budget may be amended after the beginning of the fiscal year; and WHEREAS, the Corpus Christi Crime Control and Prevention District Board has approved amending the FY 2014-2015 budget to appropriate expenditures of $1,296,212 for the addition of eleven (11) officers, two (2) lieutenants, four (4) vehicles, and related equipment and supplies on September 10, 2014. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Fiscal Year 2014-2015 amended budget for the Corpus Christi Crime Control and Prevention District to appropriate expenditures of $1,296,212 for the addition of eleven (11) officers, two (2) lieutenants, four (4) vehicles, and related equipment and supplies is approved. SECTION 2. Ordinance No. 030294 is amended by increasing the number of positions authorized for classification of "Police Lieutenant" by two (2), and increasing the number of positions authorized for classification of "Police Officer and Senior Police Officer" positions by forty eight (48). That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Crime Control & Prevention District FY -201212013 Actual Revenues & Expenditures FY -2013/2014 Year End Revenue & Expenditure Estimates FY -201412015 Proposed Budget Actuals 2012/2013 Total 14 Months Budget 2013/2014 Estimated 14 Months 2013/2014 Proposed 2014/2015 Beginning Balance Revenues Sales Tax Interest on Investments Interest Earned-Interfund Interdepartmental Services Transfer From Other Funds Transfer From Gen. Liability Fd. Transfer From Workman's Comp Juvenile Drug Testing Total Current Revenues Total Funds Available Expenditures Police Officer Costs Police Officer Trainee Intern Pawn Shop Detail Public Safety Veh. & Equip. Police Academy Costs Juvenile Assessment Center Citizens Advisory Council Juvenile City Marshals Reserve Appropriation Total Expenditures Ending Balance Surplus/(Deficit) 2,790,674 6,701,922 2,590 101 57,133 50,806 8,842 3,834,420 8,565,322 2,100 42,717 13,000 3,834,420 8,340,081 2,100 42,717 4,511,918 7,575,750 3,000 10,000 10,000 6,821,394 9,612,068 8,623,139 12,457,559 8,394,898 7,588,750 12,229,318 12,100,668 4,627,741 5,622,168 5,473,024 166,406 252,903 121,226 117,614 191,057 161,347 137,549 985,524 985,524 135,220 186,987 189,355 385,088 506,250 491,114 21,510 166,759 155,030 186,520 234,147 140,781 - 122,277 - 5,987,908 135,361 170,011 397,292 154,055 469,527 191,483 140,243 50,000 5,777,648 8,268,071 3,834,420 4,189,488 7,717,400 4,511,918 7,695,880 4,404,788 1,043,747 355,068 677,498 (107,130) * Revised to reflect cost of salaries and benefits for 11 additional officers, two (2) additional lieutenants, and supplies ** Revised to reflect the cost of four (4) additional vehicles Revised September 10, 2014 Page 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS -11711 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2012/2013 14 Months 14 Months 2014/2015 Budget 2013/2014 2013/2014 Salaries and Wages 2,667,232 3,120,552 3,030,956 3,445,427 Overtime 264,104 324,500 329,036 285,000 Other Pay 174,226 346,033 292,202 275,000 Retirement 696,268 854,633 840,476 925,653 Group insurance benefits 362,028 443,485 443,485 456,718 Other employee benefits 9,660 11,293 11,293 9,970 Chemical/household supplies - 583 283 300 Clothing 71,581 82,642 82,642 90,720 Fuel & lubricants 123,505 204,167 189,167 297,000 Food and food supplies 440 350 350 500 Minor tools & equipment 79,387 28,713 46,667 37,800 Minor computer equipment 692 - 0 - Office supplies 23 1,167 1,167 1,200 Maintenance & repairs - 233 233 300 Professional services 1,438 1,400 1,700 1,500 Temporary services 444 - 0 - Vehicle repairs 28 350 300 300 Mileage reimbursement 3,518 - 0 - Telephoneltelegraph service 15,855 17,500 18,500 17,200 Equipment maintenance - 1,167 1,167 1,000 Police Supplemental Insurance 6,000 7,000 7,000 6,000 Police Vision Insurance 3,262 4,900 4,900 4,200 Sworn Empl - Dental 19,890 31,500 31,500 27,000 Self Insurance Allocation 128,160 140,000 140,000 105,120 Totals 4,627,741 5,622,168 5,473,024 5,987,908 FTES: FY -201112012-50 Police Officers FY -201212013-50 Police Officers FY -2013/2014-50 Police Officers FY -2014/2015-63 Police Officers Salaries and benefits for 11 additional officers and 2 additional lieutenants Retirement for 11 additional officers and 2 additional lieutenants Fuel for 4 additional vehicles Clothing Minor tools Revised September 10, 2014 Page 2 CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES -11717 EXPENDITURE BUDGET Account Description Actuals Amended 14 Estimated Proposed 2012/2013 Months 14 Months 2014/2015 Budget 2013/2014 2013/2014 Minor Tools & Equipment 3,133 153,700 153,700 - Professional Services 5,865 22,555 22,555 Vehicles & Machinery 128,551 304,343 304,343 367,292 Other Equipment - 504,926 504,926 30,000 Totals 137,549 985,524 985,524 397,292 FY -201112012-5 replacement vehicles FY -201212013-5 replacement vehicles FY -2012/2013 -funds approp. on 10/17/12 for purchase of 3 police motorcycles FY -201312014-5 replacement vehicles/2 police motorcycles FY -2014/2015-5 replacement vehicles FY -2014/2015-4 additional vehicles Revised September 10, 2014 Page 5 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 14, 2014 Second Reading Ordinance for the City Council Meeting of October 21, 2014 DATE: TO: Ronald L. Olson, City Manager September 26, 2014 FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 2014 Homeland Security Grant Program — State Homeland Security Program, Law Enforcement Terrorism Prevention Activities, Sub -Recipient Award in the Amount of $73,235.00 CAPTION: Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $73,235.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program Law Enforcement Terrorism Prevention Activity; and appropriating $73,235.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection -oriented activities such as planning, organization, training, exercises, and purchase needed equipment PURPOSE: These grant funds are used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man-made, natural disaster, and acts of terrorism. The Fire Department will use the funds for staff salaries, training and purchase of needed equipment. BACKGROUND AND FINDINGS: The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency has informed the City of Corpus Christi that our jurisdiction has been awarded a State Homeland Security Program grant in the amount of $73,235.00. Since 2004 the U. S. Department of Homeland Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through its Homeland Security Program. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance is needed to accept and appropriate grant award. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $73,235.00 $73,235.00 BALANCE $73,235.00 $73,235.00 Fund(s): Fund 1062 Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $73,235.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Agreement Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $73,235.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program Law Enforcement Terrorism Prevention Activity; and appropriating $73,235.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program, into the No. 1062 Fire Grants Fund to carry out Law Enforcement Terrorism Prevention Activities such as planning, organization, training, exercises, and purchase needed equipment Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $73,235.00 for the FY 2014 Homeland Security Grant Program (HSGP), State Homeland Security Program Law Enforcement Terrorism Prevention Activity. Section 2. That $73,235.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program into the No. 1062 Fire Grants Fund to carry out Law Enforcement Terrorism Prevention Activities such as planning, organization, training, exercises, and purchase needed equipment. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Department of Public Safety Of p E(! A -, 4 T' K\ r,^ 2014 Sub -Recipient Award for City of Corpus Christi 1. General Award Information Reference/Encumbrance No: Date of Award: September 16, 2014 Prepared By: Youngs, Jamie 3. SAA Award Number: 14 -SR 17000-02 4. Sub -Recipient Name and Address 5. Federal Grant Information Mayor Nelda Martinez City of Corpus Christi 1201 Leopord Street Corpus Christi, TX 78401 Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP) Federal Grant Award Number: EMW-2014-SS-00029 Federal Granting Agency: U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency (FEMA) Date Federal Grant Awarded to TxDPS: August 6, 2014 CFDA: 97.067 6. Award Amount and Grant Breakdowns Grant Period: SHSP LETPA From: Sep 1, 2014 To: Jan 31, 2016 $73,235.00 (The SAA must receive all invoices by the end of grant period). 7. Statutory Authority for Grant: The Department of Home Homeland Security Act of 2002 as amended (Public Law 107-296), and Security Appropriations Act, 2014, (Public Law 113-76), and The (6 U.S.C. § 603). S. Method of Payment: Primary method is reimbursement. 9. Debarment/Suspension Certification: The Sub -Recipient are not debarred,suspended, proposed for debarment, declared and do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/ certifies that the sub -recipient and its contractors/vendors and principals ineligible or voluntarily excluded by any federal department or agency 10. Agency Approvals Approving TxDPS Official: ' Garry Jones Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: ��sL�t,�i II ij r 11. Sub -Recipient Acceptance I have read, understood and agree to this Sub -Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorized Sub -Recipient Official: Nelda Martinez Signature of Sub -Recipient Official: Enter Employer Identification Number (EIN) or Federal Tax Identification Number: 74-6000574 DUNS Number: 069457786 Date Signed : DUE DATE: October 31, 2014 Signed Award with Terms and Conditions must be returned to SAA_SRA@dps.texas.gov on or before the due date. 2014 TERMS AND CONDITIONS Instructions: The Sub -recipient shall 1. Fill in the information and sign the Grant Sub -Recipient Award; 2. Certify they have read and understand these Terms and Conditions, 3. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Retum all documents via email to SAA_SRA@dps.texas.gov on or before the date provided in the transmittal letter and/or in this Grant 1. Grant Sub -recipient Agreement This Grant Sub -recipient Agreement (consisting of this 2014 Grant Sub -recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub -recipient" or "Sub -grantee.' Furthermore, DPS/THSSAA and the Sub -recipient are collectively hereinafter referred to as the "Parties." This Grant Sub -recipient Agreement (SRA), or otherwise referred to herein as "this Grant" or "this Agreement", is only an offer until Sub -recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub -recipient Award. The FY 2014 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support the Nation's Preparedness against terrorist attacks, major disasters, and other emergencies. The FY 2014 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of the specific Urban Areas Security Initiative (UASI)-eligible Urban Areas. While this funding is provided specifically to high-risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as State and local government agencies. Sub -recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Sub -recipient issues subawards as part of this Grant project, Sub -recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The term "Sub -recipient agreement funds" as used in this Grant means funds provided by DPS/THSSAA under the United States Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHS/FEMA). The term "Sub -recipient's funds" or match funds as used in this Grant means funds provided by the Sub -recipient. 2. Overview and Performance Standards All allocations and use of funds under this Grant shall be in accordance with the FY 2014 Funding Opportunity Announcement (FOA) for the Federal Grant Title specified on this Grant, and such FY 2014 FOA is incorporated by reference herein. Sub -recipient shall read, understand and accept the FY 2014 Funding Opportunity Announcement as binding. A. Standard of Performance. Sub -recipient shall perform all activities and projects entered into the DPS/THSSAA web -based grants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state -level grant administrator(s). Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications, hereinafter referred to as "Exhibit C" 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" B. Failure to Perform. In the event Sub -recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web -based grants management system, or comply with any provision of this Grant, Sub -recipient shall be liable to DPS/THSSAA for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS. 3. Environmental Review Sub -recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub -recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS/THSSAA. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub -recipient shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of anv activity prior to completion of FEMA's Page 2 OF 18 EHP review will result in a non-compliance finding and DPS/THSSAA will not authorize or release Grant funds for non-compliant nroiects. Sub -recipient, as soon as possible upon receiving this Grant, shall provide information to DPS/THSSAA to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Sub -recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329. Sub -recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub -recipient shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, Sub -recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub -recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. 4. Funding Obligations A. DPS/THSSAA shall not be liable to Sub -recipient for any costs incurred by Sub -recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub -recipient Award. C. Sub -recipient shall contribute the match funds listed on the Grant Sub -recipient Award. D. Sub -recipient shall refund to DPS/THSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be an overpayment to Sub -recipient or that DPS/THSSAA determines has not been spent by Sub -recipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Sub -recipient shall make such refund to DPS/THSSAA within thirty (30) calendar days after DPS/THSSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub -recipient for costs which exceed the amount specified in this Grant. 5. Performance Period The performance period for this Grant is listed on the Grant Sub -Recipient Award. All goods and services shall be received within the performance period AND all reimbursement requests shall be submitted to DPS/THSSAA within the performance period, Sub -recipient shall have expended all Grant funds And submitted reimbursement requests and any invoices in the DPS/THSSAA grant management system by the end of the performance period. DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. 6. Uniform Administrative Requirements. Cost Principles and Audit Requirements Except as specifically modified by law or this Grant, Sub -recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below. A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A-102 Common Rule); 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A-110). 3. 44 C.F.R. Part 10, Environmental Considerations B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB CircularA-87) 2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. D. Grant Guidance (Funding Opportunity Announcement) Sub -recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at htta://www.fema.aov/media-library-data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY 2014 HSGP FOA Final.odf and the Nonprofit Security Grant Program (NSGP), htta://www.fema.00v/media-library-data/1396016700388-fb23d813b8df0d8eab995c8f27clac3e/FY 2014 NSGP FOA Final Revised.odf. 7. DHS Specific Acknowledgements and Assurances Sub -recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 — Financial Assistance Award Standard Terms and Conditions (January 14, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards: htto://www.dhs.aov/xlibrarv/assets/cfo-financial-management-oolicv-manual.odf. Sub -recipient acknowledges and agrees, and shall require any sub -recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub -recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. 2. Sub -recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to this Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub -recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Sub -recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (3) years, Sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, Sub -recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against Sub -recipient, or Sub -recipient settles a case or matter alleging such discrimination, Sub -recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 8. Operation Stonegarden (OPSG) Specific Conditions If Sub -recipient is receiving Operation Stonegarden (OPSG) funds, Sub -recipient is prohibited from obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/Border Patrol (CBPIBP). Each Operations Order will be transferred via the secure portal (CBP/BP) BPETS system from each respective AOR Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre -approval for Operational continuity, then forwarded to FEMA GPD/PGD OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and CBP/BP HQ in Washington, D.C. 1. Sub -recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub -recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub -recipient's Grant performance period. 3. If Sub -recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period. a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub -recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub -recipient shall only initiate tactical operations after the specific Operations Order(s) are approved through the Border Patrol Headquarters and by FEMA, and the DPS/THSSAA has issued a Grant Sub -recipient Award or Grant Adjustment Notice (GAN) to the jurisdiction. 9. State Requirements for Grants Sub -recipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at htto://www.txdos.state,tx.us/director staff/saa/information bulletins.htm Texas Uniform Grants Management Standards (UGMS) at htta://www.window.state.tx.us/orocurement/catrad/uoms,odf and the State Administrative Agency Sub -recipient Manual, available at htto://www.txdos.state.tx.us/director staff/saa/documents/subrecioientManual.odf. Sub -recipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes. regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application. Sub -recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be expended for this Grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law enforcement agency requesting this Grant is in compliance with all rules developed by the Texas Commission on Law Enforcement (COLE) or TCOLE certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office; influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Sub -recipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Sub -recipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Sub -recipient timely completes and files its reports. 10. Restrictions and General Conditions A. Use of Funds. DHS Grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. Lobbvina Prohibited. No funds shall be expended by Sub -Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub -Recipient understands and agrees that it shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. C. Transferring Funds. Sub -recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without a properly executed GAN. D. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Categories. There may be limitations on the use of HSGP and/or NSGP funds for the categories of costs listed below. For additional details on restrictions on the use of funds, refer to the FY 2014 HSGP or NSGP FOA, Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. Governing Board Approval. In cases where local funding is established by a Council of Government (COG) or an Urban Area Security Initiative (UASI) governing board the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board. Pana c Mr G. Notices. All notices or communications required or permitted to be given by either Party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star, to the other Party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub -recipient, see the address listed on the Grant Sub -Recipient Award page or Point of Contact address listed for the Sub -recipient in the DPS/THSSAA Grants Management System (SPARS). DPS/THSSAA Contact Information Deputy Assistant Director T' Texas Homeland Security State Admin. Agency Texas Department of Public Safety P.O. Box 4087 Austin, TX 78773-0220 H. Points of Contacts. Within 30 calendar days of any change, Sub -recipient shall notify DPS/THSSAA of any change or correction to the chief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system. I. DUNS Number. Sub -recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov,dnb.com/webform. J. Central Contractor Registration and niversal Identifier Reauirements. Sub -recipient maintains that it has registered on the System for Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub -recipient shall keep current, and then review and update the information at least annually. Sub -recipient shall keep information current in the SAM database until the later of when it submits this Grants final financial report or receives final Grant award payment. Sub -recipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. K. Indirect Cost Allocation Plan, Sub -recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency to DPS/THSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing. negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies at http://harvester,census.gov/sac/dissem/asp/reports.aso. Unless the basis of the cost plan changes, Sub -recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SM RFMdos.texas.gov. The Sub -recipient name shall be included in the file name and subject line of the email transmittal. L. Reporting Total Compensation of Sub -recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub -recipient shall report whether Sub -recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub -recipient shall report whether 80% or more of Sub -recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub -recipient answers "yes" to both questions, Sub -recipient shall report, along with Sub -recipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Sub -recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub -recipient shall report executive total compensation at www.sam.aov or other federally established replacement site. By signing this Grant, Sub -recipient certifies that, if required, Sub -recipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub -recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. Direct Deposit. If Sub -recipient has not received HSGP or NSGP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub -recipient shall be emailed to SAA RR(a)dos.texas.gov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at http://www,window.state.tx.us/taxinfo/taxforms/74-176.pdf. Sub -recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with a one -business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online. N. Procurements. Sub -recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36. O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under this Grant, Sub -recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active "Exclusions" by reviewing the vendor/subawardee entity information at httos://www.sam.gov/portal/public/SAM/. Q. Management and Administration. If this Grant includes a specific award of funds to Sub -recipient for management and administration (M&A), Sub -recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bulletin 365 located at http://www.fema.gov/grants/grant-proarams-directorate-information-bulletins. R. Personnel Cap. Up to fifty percent (50%) of all HSGP awards received by Sub -recipient may be used for personnel and personnel -related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular time or overtime/backfill, among other items, are considered personnel -related costs. Sub -recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at SAAados.texas.aov. Requests for waivers shall be submitted on official Sub -recipient letterhead and be signed by an authorized official of Sub -recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory. At least every two (2) years, Sub -recipient shall take a physical inventory and shall reconcile the results with property records. Sub -recipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample equipment inventory record format at htto://www.txdos.state.tx.us/director staff/saa/audit and comnliance.htm ) Sub -recipient shall develop and implement a control system to prevent loss, damage or theft of property and Sub -recipient shall investigate and document any loss, damage or theft of property funded under this Grant. T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade paper, shall include the following statement: This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." U. Acknowledgement of Federal Funding from DHS. Sub -recipient shall comply with requirements to acknowledge use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. V. Use of DHS. DPS. and DPS/THSSAA Seals and Non -Endorsement. Sub -recipient shall obtain DHS, DPS, or DPS/THSSAA's prior written approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, logos, crests, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. Coovrioht. Sub -recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, Sub -recipient grants the Govemment a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub -recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under this Grant. Further, Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for govemment purposes: (1) the copyright in any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases ownership with Federal support. Sub -recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly Performance Reports. Sub -recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) calendar day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub -recipient being unable to request additional reimbursements/advances and may affect future funding. Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub -recipient or a contractor under this Grant, Sub -recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Limited English Proficiency (Civil Rights Act of 1964. Title VI). Sub -recipient shall comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, Sub -recipient is encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of federal financial assistance, assisting such organizations and entities in understanding their language access obligations. DHS published the required guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information such as how a recipient of federal financial assistance can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at httos://www.dhs.aov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on htto://www.leo.aov. AA. Protection of Human Subiects. Sub -recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that Sub -recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub -recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C), and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. BB. National Flood Insurance Act of 1968. Sub -recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63. CC. USA Patriot Act of 2001. Sub -recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. DD. Flv America Act of 1974. Sub -recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. govemment funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and the interpretive guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B138942. EE. Activities Conducted Abroad. Sub -recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. FF. Trafficking Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub -recipient: (a) engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) uses forced labor in the performance of the award or subawards under the award. DPS/THSSAA is authorized to terminate this Grant ,without penalty, if the above condition is violated. Sub -recipient shall include this condition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15. GG. Americans with Disabilities Act of 1990. Sub -recipient shall comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101-12213. HH. Public Dissemination of Sensitive Information. Sub -recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub -recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and prior written approval. II. Security ConcernsNiolations. Sub -recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub -recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub -recipient's security procedures, Sub -recipient shall immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. SAFECOM. Sub -recipient shall comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications for awards under this Grant that provide emergency communication equipment and its related activities. KK. Best Practices for Collection and Use of Personally Identifiable Information (PII).Sub-recipients who collect Personally Identifiable Information (PII) shall have a publically-available privacy policy that describes what PII it collects, how it uses the PII, whether it shares PII with third parties, and how individuals may have their PII corrected where appropriate. Sub -recipients may also find as a useful resource the DHS Privacy Impact Assessments: htto://www.dhs.gov/xlibrary/assets/privacv/Drivacv Dia guidance iune2010.odf and httD://www.dhs.gov/xlibrarv/assets/privacv/Drivacv Dia temDlate.pdf LL. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), Sub -recipient shall ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. MM. False Claims Act and Program Fraud Civil Remedies. Sub -recipient shall comply with the requirements of 31 U.S.C. §3729 which sets forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801-3812 which details the administrative remedies for false claims and statements made. NN. Duolication of Benefits. State, Local and Tribal Sub -recipients shall comply with 2 C.F.R. Part §225, Appendix A, Paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. 00. Debarment and Suspension. Sub -recipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. PP. Non -Supplanting Reauirement. Sub -recipient shall not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources for programs that prohibit supplanting by law. Where federal statutes for a particular program prohibit supplanting, Sub -recipient may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 11. Other Requirements A. During the performance period of this Grant, Sub -recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in Sub -recipients plan, Sub -recipient shall correct deficiencies within 60 calendar days of receiving notice of such deficiencies from TDEM. B. Projects identified and approved in the DPS/THSSAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub -recipient shall submit project plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this Grant. Sub -recipient shall enter appropriate project milestones into the DPS/THSSAA web -based grants management system within 60 days after award or by the deadline established by DPS/THSSAA, whichever is sooner. Sub -recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the formats) and timeframes as required by DPS/THSSAA. C. During the performance period of this Grant, Sub -recipient shall: 1. Participate in a legally -adopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at htta://www.fema.aov/national-incident-management-system. 3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using Grant funds (i.e., hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make Grant funded resources available to other jurisdictions through mutual aid htto://www.fema.aov/emeroencv/nims/ResourceMnamnt.shtm#item3. 12. Monitoring Sub -recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Sub -recipient's compliance with this Grant and of the adequacy and timeliness of Sub -recipient's performance pursuant to this Grant. After each monitoring visit, DPS/THSSAA shall provide Sub -recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Sub -recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub -recipient. Failure by Sub -recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. 13. Audit A. Audit of Federal and State Funds. Sub -recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). B. Sub -recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. C. Right to Audit. Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Sub -recipient shall permit DPS/THSSAA or its authorized representative to audit Sub -recipient's records. Sub -recipient shall provide any documents, materials or information necessary to facilitate such audit. D. Sub -recipient's Liability for Disallowed Costs. Sub -recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Sub -recipient further understands and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub -recipient from funds that were not provided or otherwise made available to Sub -recipient pursuant to this Grant or any other federal contract. E. Sub -recipient's Facilitation of Audit. Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPS/THSSAA may require of Sub -recipient. Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub -recipient and the requirement to cooperate is included in any subcontract it awards. F. State Auditor's Clause. Sub -recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub -recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub -recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub -recipient relating to this Grant. 14. Retention and Accessibility of Records A. Retention of Records. Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB Circular, 44 C.F.R. Section 13.42, UGMS §_.42, and this Grant. Sub -recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPS/THSSAA may direct Sub -recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. B. Access to Records. Sub -recipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Sub -recipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Sub -recipient. Sub -recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Gan.—cr ,e C. Inclusion in Subcontracts. Sub -recipient shall include the substance of this in all subcontracts. D. After Action Reporting. Sub -recipient shall complete, deliver to the appropriate source, and retain copies of all after -action reports and certificates of completion for all training and exercises paid for by this Grant. 15. Legal Authority A. Signatory Authority. Sub -recipient assures and guarantees that Sub -recipient possesses the legal authority to enter into this Grant, receive Grant funds and to perform the project Sub -recipient has obligated itself to perform pursuant to this Grant. B. Authorized Representative. The person or persons signing and executing this Grant on Sub -recipients behalf do warrant and guarantee that he/she has been duly authorized by Sub -recipient to execute this Grant on Sub -recipients behalf and to validly and legally bind Sub -recipient to all terms and conditions and performance obligations. C. Conflicts in Requirements. If conflict exists between federal, state, or local requirements, Sub -recipient shall comply with the strictest requirement. 16. Notice of Litigation and Claims Sub -recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative agency, filed against Sub -recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub -recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub -recipient with respect to such action or claim. 17. No Liability for Employees and Officers DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub -recipient, regardless of where the individual's actions or omissions occurred. 18. Non -Waiver of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. A waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. 19. Changes and Amendments A. Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Sub -recipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Sub -recipient is not valid. B. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment Notice (GAN). C. Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub -recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub -recipient as if written in this Grant. D. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub -recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub -recipient's acceptance of the changes to this Grant. 20. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. 21. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. 22. Suspension In the event Sub -recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub -recipient, suspend this Grant, in whole or in part, withhold payments to Sub -recipient and prohibit Sub -recipient from incurring additional obligations of this Grant's funds. 23. Termination DPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/THSSAA determines that Sub -recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: 1. The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety. 24. Enforcement If Sub -recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as appropriate in the circumstances - 1. Temporarily withhold cash payments pending correction of the deficiency by Sub -recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Sub -recipient's program. 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action, DPS/THSSAA will provide Sub -recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub -recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub -recipient resulting from obligations incurred by Sub -recipient during a suspension or after termination of this Grant are not allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Sub -recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred by Sub -recipient before the effective date of suspension or termination. are not in anticipation of it, and in the case of a termination, are non -cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub -recipient from being subject to "Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. 25. Conflict of Interest No employee, officer or agent of Sub -recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. 26. Closing of this Grant A. DPS/THSSAA will close a sub -award after receiving Sub -recipient's final quarterly performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub -recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub -recipient. If Sub -recipient did not use all the funds received, DPS/THSSAA will issue a GAN to recover the unused funds. Sub -recipient will return the funds to the DPS/THSSAA within 30 calendar days of receiving the GAN. B. At the completion of Sub -recipient's performance period, DPS/THSSAA will de -obligate all uncommitted / unexpended funds. C. The closeout of this Grant does not affect: 1. DHS or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub -recipients obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub -recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Title Mayor Nelda Martinez Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date Oana 1 t f1F 1 A EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Sub -recipient, I certify that Sub -recipient 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant -supported activities, DHS -FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant. "Research" "means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially. or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principles Regarding the Care and Use of Animals 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidanceand policies governing this Grant. Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official Nelda Martinez Title Mayor Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date Page 13 OF 18 EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub -recipient, I certify that Sub -recipient 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Titles ll and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Dane 14 OF IA 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this Grant. Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official Title Mayor Nelda Martinez Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date Page 15 OF 18 Exhibit C Certifications The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510 (Federal Certification). The Sub -recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Sub -recipient can access debarment information by going to www.sam.aov and the State Debarred Vendor List htto://www.window.state.tx.us/procurement/proa/vendor performance/debarred. 2. Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where Sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification) E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub -recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub -recipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and Sub -recipient will require such compliance in any sub -grants or contract at the next tier. G. Sub -recipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.C. §701 et seq. — which requires Sub -recipient to publish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, places where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. Sub -recipient will notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Sub -recipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. H. Sub -recipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB CircularA-129 and form SF -424, item number 17 for additional information and guidance. I. Sub -recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. J. Sub -recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Title Mayor Nelda Martinez Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date Rage 16 OF 16 EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub -recipient's governing body or of the Sub -recipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub -recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub -recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub -recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub -recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. Rage 17 OF 18 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966. as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies goveming this program. 24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal governments terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at httos://www.sam.cov/oortal/oublic/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official Nelda Martinez Title Mayor Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date Page 18 OF 18 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Oct. 14, 2014 Second Reading Ordinance for the City Council Meeting Oct. 21, 2014 DATE: September 25, 2014 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 2014 Homeland Security Grant Program — State Homeland Security Grant Program (SHSP) Sub -Recipient Award in the Amount of $161,165.00. CAPTION: Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $161,165.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program; and appropriating $161,165.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program, into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. PURPOSE: These grant funds are used to provide emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man-made, natural disaster, and acts of terrorism. BACKGROUND AND FINDINGS: The—Texas Department of Public Safety, Texas Homeland Security State Adrrrir stratrve Agency has informed the City of Corpus Christi that our jurisdiction has been awarded a State Homeland Security Program grant in the amount of $161,165.00. Since 2004 the U. S. Department of Homeland Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through its Homeland Security Program. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance is needed to accept and appropriated grant award. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating r Revenue Capital El Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $161,165.00 $161,165.00 BALANCE $161,165.00 $161,165.00 und(s): Fund 1062 Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant, and appropriate the funds in the amount of $161,165.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Agreement Ordinance Authorizing the Mayor or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $161,165.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program; and appropriating $161,165.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program, into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Mayor or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency in the amount of $161,165.00 for FY 2014 Homeland Security Grant Program, State Homeland Security Program. Section 2. That $161,165.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency, FY 2014 Homeland Security Grant Program, State Homeland Security Program into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Department of Public Safety P EX' is _ A T f 44,4y, Ale 2014 Sub -Recipient Award for City of Corpus Christi i 1. General Award Information Reference/Encumbrance No: Date of Award: September 16, 2014 Prepared By: Youngs, Jamie 3. SAA Award Number: 14 -SR 17000-01 4. Sub -Recipient Name and Address 5. Federal Grant Information Mayor Nelda Martinez City of Corpus Christi 1201 Leopord Street Corpus Christi, TX 78401 Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP) Federal Grant Award Number: EMW-2014-SS-00029 Federal Granting Agency: U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency (FEMA) Date Federal Grant Awarded to TxDPS: August 6, 2014 CFDA: 97.067 6. Award Amount and Grant Breakdowns Grant Period: SHSP From: Sep 1, 2014 To: Jan 31, 2016 $161,165.00 (The SAA must receive all invoices by the end of grant period) 7. Statutory Authority for Grant: The Department of Home Homeland Security Act of 2002 as amended (Public Law 107-296), and Security Appropriations Act, 2014, (Public Law 113-76), and The (6 U.S.C. § 603). S. Method of Payment: Primary method is reimbursement. 9. Debarment/Suspension Certification: The Sub -Recipient are not debarred,suspended, proposed for debarment, declared and do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/ certifies that the sub -recipient and its contractors/vendors and principals ineligible or voluntarily excluded by any federal department or agency 10. Agency Approvals Approving TxDPS Official: Garry Jones Deputy Assistant Director Texas Homeland Security4 State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: �' , 11. Sub -Recipient Acceptance I have read, understood and agree to this Sub -Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorized Sub -Recipient Official: Nelda Martinez Signature of Sub -Recipient Official: Enter Employer Identification Number (EIN) or Federal Tax Identification Number: 74-6000574 DUNS Number: 069457786 Date Signed : DUE DATE: October 31, 2014 Signed Award with Terms and Conditions must be returned to SAA_SRAOdps.texas.gov on or before the due date. 2014 TERMS AND CONDITIONS Instructions: The Sub -recipient shall: 1. Fill in the information and sign the Grant Sub -Recipient Award; 2. Certify they have read and understand these Terms and Conditions, 3. Certify to the statements provided in Exhibits A, 8, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Return all documents via email to SAA_SRA©dps.texas.gov on or before the date provided in the transmittal letter and/or in this Grant. 1. Grant Sub -recipient Agreement This Grant Sub -recipient Agreement (consisting of this 2014 Grant Sub -recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub -recipient" or "Sub -grantee." Furthermore, DPS/THSSAA and the Sub -recipient are collectively hereinafter referred to as the "Parties." This Grant Sub -recipient Agreement (SRA), or otherwise referred to herein as "this Grant" or "this Agreement", is only an offer until Sub -recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub -recipient Award. The FY 2014 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning. organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support the Nation's Preparedness against terrorist attacks, major disasters, and other emergencies. The FY 2014 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of the specific Urban Areas Security Initiative (UASI)-eligible Urban Areas. While this funding is provided specifically to high-risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as State and local government agencies. Sub -recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Sub -recipient issues subawards as part of this Grant project, Sub -recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The term "Sub -recipient agreement funds" as used in this Grant means funds provided by DPS/THSSAA under the United States Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHS/FEMA). The term "Sub -recipient's funds" or match funds as used in this Grant means funds provided by the Sub -recipient. 2. Overview and Performance Standards All allocations and use of funds under this Grant shall be in accordance with the FY 2014 Funding Opportunity Announcement (FOA) for the Federal Grant Title specified on this Grant, and such FY 2014 FOA is incorporated by reference herein. Sub -recipient shall read. understand and accept the FY 2014 Funding Opportunity Announcement as binding. A. Standard of Performance. Sub -recipient shall perform all activities and projects entered into the DPS/THSSAA web -based grants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state -level grant administrator(s). Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications, hereinafter referred to as "Exhibit C" 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" B. Failure to Perform. In the event Sub -recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web -based grants management system, or comply with any provision of this Grant, Sub -recipient shall be liable to DPS/THSSAA for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS. 3. Environmental Review Sub -recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub -recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS/THSSAA. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub -recipient shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result in a non-compliance finding and DPS/THSSAA will not authorize or release Grant funds for non-compliant projects. Sub -recipient, as soon as possible upon receiving this Grant, shall provide information to DPS/THSSAA to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Sub -recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329. Sub -recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub -recipient shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, Sub -recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub -recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. 4. Funding Obligations A. DPS/THSSAA shall not be liable to Sub -recipient for any costs incurred by Sub -recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub -recipient Award. C. Sub -recipient shall contribute the match funds listed on the Grant Sub -recipient Award. D. Sub -recipient shall refund to DPS/THSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be an overpayment to Sub -recipient or that DPS/THSSAA determines has not been spent by Sub -recipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Sub -recipient shall make such refund to DPS/THSSAA within thirty (30) calendar days after DPS/THSSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub -recipient for costs which exceed the amount specified in this Grant. 5. Performance Period The performance period for this Grant is listed on the Grant Sub -Recipient Award. All goods and services shall be received within the performance period AND all reimbursement requests shall be submitted to DPS/THSSAA within the performance period. Sub -recipient shall have expended all Grant funds Ana submitted reimbursement requests and any invoices in the DPS/THSSAA grant management system by the end of the performance period. DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. 6. Uniform Administrative Requirements. Cost Principles and Audit Requirements Except as specifically modified by law or this Grant, Sub -recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below. A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A-102 Common Rule); 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A-110). 3. 44 C.F.R. Part 10, Environmental Considerations B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB CircularA-122) 4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. D. Grant Guidance (Funding Opportunity Announcement) Sub -recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at http://www.fema.gov/media-Iibrarv-data/1395161200285-5b07ed0456056217175fbdee28d2b06e/FY 2014 HSGP FOA Final.odf and the Nonprofit Security Grant Program (NSGP), http://www.fema.00v/media-Iibrarv-data/1396016700388-fb23d813b8df0d8eab995c8f27c1ac3e/FY 2014 NSGP FOA Final Revised.Ddf. 7. DHS Specific Acknowledgements and Assurances Sub -recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 — Financial Assistance Award Standard Terms and Conditions (January 14, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards: http://www.dhs,nov/xlibrarv/assets/cfo-financial-management-Dolicv-manual.pdf. Sub -recipient acknowledges and agrees, and shall require any sub -recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub -recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. 2. Sub -recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to this Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub -recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Sub -recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (3) years, Sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, Sub -recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against Sub -recipient, or Sub -recipient settles a case or matter alleging such discrimination, Sub -recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 8. Operation Stonegarden (OPSG) Specific Conditions If Sub -recipient is receiving Operation Stonegarden (OPSG) funds, Sub -recipient is prohibited from obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/Border Patrol (CBP/BP). Each Operations Order will be transferred via the secure portal (CBP/BP) BPETS system from each respective AOR Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre -approval for Operational continuity, then forwarded to FEMA GPD/PGD OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and CBP/BP HQ in Washington, D.C. 1. Sub -recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub -recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub -recipient's Grant performance period. 3. If Sub -recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub -recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub -recipient shall only initiate tactical operations after the specific Operations Order(s) are approved through the Border Patrol Headquarters and by FEMA, and the DPS/THSSAA has issued a Grant Sub -recipient Award or Grant Adjustment Notice (GAN) to the jurisdiction. 9. State Requirements for Grants Sub -recipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at http://www.txdns.state.tx.us/director staff/saa/information bulletins.htm Texas Uniform Grants Management Standards (UGMS) at http://www.window,state.tx.us/orocurement/catrad/uams.Ddf and the State Administrative Agency Sub -recipient Manual, available at htto://www.txdos.state,tx.us/director staff/saa/documents/subrecioientManual.Ddf. Sub -recipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application. Sub -recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be expended for this Grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. unless the law enforcement agency requesting this Grant is in compliance with all rules developed by the Texas Commission on Law Enforcement (COLE) or TCOLE certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office; influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Sub -recipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Sub -recipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Sub -recipient timely completes and files its reports. 10. Restrictions and General Conditions A. Use of Funds. DHS Grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. Lobbying Prohibited. No funds shall be expended by Sub -Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub -Recipient understands and agrees that it shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy. at any level of government, without the express prior written approval of FEMA. C. Transferring Funds. Sub -recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without a properly executed GAN. D. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Categories. There may be limitations on the use of HSGP and/or NSGP funds for the categories of costs listed below. For additional details on restrictions on the use of funds, refer to the FY 2014 HSGP or NSGP FOA, Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. Governing Board Approval. In cases where local funding is established by a Council of Government (COG) or an Urban Area Security Initiative (UASI) governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board. G. Notices. All notices or communications required or permitted to be given by either Party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star to the other Party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub -recipient, see the address listed on the Grant Sub -Recipient Award page or Point of Contact address listed for the Sub -recipient in the DPS/THSSAA Grants Management System (SPARS). DPS/THSSAA Contact Information Deputy Assistant Director Texas Homeland Security State Admin. Agency Texas Department of Public Safety P.O. Box 4087 Austin, TX 78773-0220 H. Points of Contacts. Within 30 calendar days of any change, Sub -recipient shall notify DPS/THSSAA of any change or correction to the chief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system. I. DUNS Number. Sub -recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedaov.dnb.com/webform. J. Central Contractor Registration and Universal Identifier Reauirements. Sub -recipient maintains that it has registered on the System for Award Management (SAM) at www.sam.00v. or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub -recipient shall keep current, and then review and update the information at least annually. Sub -recipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Sub -recipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. K. Indirect Cost Allocation Plan. Sub -recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency to DPS/THSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing. negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies athtto.//harvester.census.aov/sac/dissem/asD/reoorts.asp. Unless the basis of the cost plan changes, Sub -recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SAA RRedos.texas.gov. The Sub -recipient name shall be included in the file name and subject line of the email transmittal. L. Reporting Total Compensation of Sub -recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub -recipient shall report whether Sub -recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub -recipient shall report whether 80% or more of Sub -recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub -recipient answers "yes" to both questions, Sub -recipient shall report, along with Sub -recipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Sub -recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub -recipient shall report executive total compensation at www.sam.aov or other federally established replacement site. By signing this Grant, Sub -recipient certifies that, if required, Sub -recipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub -recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. Direct Deposit. If Sub -recipient has not received HSGP or NSGP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub -recipient shall be emailed to SAA RR pndos.texas.aov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at htto://www.window.state,tx.us/taxinfo/taxforms/74-176.odf. Sub -recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with a one -business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online. N. Procurements. Sub -recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36. O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under this Grant, Sub -recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active "Exclusions" by reviewing the vendor/subawardee entity information at httos://www.sam.aov/portal/oubiic/SAM/. Q. Management and Administration. If this Grant includes a specific award of funds to Sub -recipient for management and administration (M&A), Sub -recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bulletin 365 located at http://www.fema.aov/grants/grant-oroarams-directorate-information-bulletins. R. Personnel Cao. Up to fifty percent (50%) of all HSGP awards received by Sub -recipient may be used for personnel and personnel -related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular time or overtime/backfill, among other items, are considered personnel -related costs. Sub -recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at SAAedos.texas.aov. Requests for waivers shall be submitted on official Sub -recipient letterhead and be signed by an authorized official of Sub -recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory. At least every two (2) years, Sub -recipient shall take a physical inventory and shall reconcile the results with property records. Sub -recipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample equipment inventory record format at htto://www.txdos.state.tx.us/director staff/saa/audit and comoliance.htm ) Sub -recipient shall develop and implement a control system to prevent loss, damage or theft of property and Sub -recipient shall investigate and document any loss, damage or theft of property funded under this Grant. T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade paper, shall include the following statement: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." U. Acknowledaement of Federal Funding from DHS. Sub -recipient shall comply with requirements to acknowledge use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. V. Use of DHS. DPS. and DPS/THSSAA Seals and Non -Endorsement. Sub -recipient shall obtain DHS, DPS, or DPS/THSSAA's prior written approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, logos, crests, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. Copyright. Sub -recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Govemment (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, Sub -recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub -recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under this Grant. Further, Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1) the copyright in any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases ownership with Federal support. Sub -recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly Performance Reports. Sub -recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) calendar day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub -recipient being unable to request additional reimbursements/advances and may affect future funding. Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub -recipient or a contractor under this Grant, Sub -recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Limited English Proficiency (Civil Rights Act of 1964. Title VI). Sub -recipient shall comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, Sub -recipient is encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of federal financial assistance, assisting such organizations and entities in understanding their language access obligations. DHS published the required guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information such as how a recipient of federal financial assistance can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.aov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on htto://www.lep.aov. AA. Protection of Human Subiects. Sub -recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that Sub -recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub -recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. BB. National Flood Insurance Act of 1968. Sub -recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63. CC. USA Patriot Act of 2001. Sub -recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. DD. Fly America Act of 1974. Sub -recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and the interpretive guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B138942. EE. Activities Conducted Abroad. Sub -recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. FF. Trafficking Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub -recipient: (a) engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) uses forced labor in the performance of the award or subawards under the award. DPS/THSSAA is authorized to terminate this Grant ,without penalty, if the above condition is violated. Sub -recipient shall include this condition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15. GG. Americans with Disabilities Act of 1990. Sub -recipient shall comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101-12213. HH. Public Dissemination of Sensitive Information. Sub -recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub -recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and prior written approval. II. Security ConcernsNiolations. Sub -recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub -recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub -recipient's security procedures, Sub -recipient shall immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. SAFECOM. Sub -recipient shall comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications for awards under this Grant that provide emergency communication equipment and its related activities. KK. Best Practices for Collection and Use of Personally Identifiable Information (PII).Sub-recipients who collect Personally Identifiable Information (PII) shall have a publically-available privacy policy that describes what PII it collects, how it uses the PII, whether it shares PII with third parties, and how individuals may have their PII corrected where appropriate. Sub -recipients may also find as a useful resource the DHS Privacy Impact Assessments: http://www.dhs.gov/xlibrary/assets/orivacv/orivacv pia guidance iune2010.odf and http://www.dhs.aov/xlibrary/assets/orivacv/orivacv pia temolate.odf LL. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), Sub -recipient shall ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. MM. False Claims Act and Proaram Fraud Civil Remedies. Sub -recipient shall comply with the requirements of 31 U.S.C. §3729 which sets forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801-3812 which details the administrative remedies for false claims and statements made. NN. Duplication of Benefits. State, Local and Tribal Sub -recipients shall comply with 2 C.F.R. Part §225, Appendix A, Paragraph (C)(3)(c). which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. 00. Debarment and Suspension. Sub -recipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. PP. Non-Suoolantina Reauirement. Sub -recipient shall not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources for programs that prohibit supplanting by law. Where federal statutes for a particular program prohibit supplanting, Sub -recipient may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 11. Other Requirements A. During the performance period of this Grant, Sub -recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in Sub -recipient's plan, Sub -recipient shall correct deficiencies within 60 calendar days of receiving notice of such deficiencies from TDEM. B. Projects identified and approved in the DPS/THSSAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub -recipient shall submit project plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this Grant. Sub -recipient shall enter appropriate project milestones into the DPS/THSSAA web -based grants management system within 60 days after award or by the deadline established by DPS/THSSAA, whichever is sooner. Sub -recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the format(s) and timeframes as required by DPS/THSSAA. C. During the performance period of this Grant, Sub -recipient shall: 1. Participate in a legally -adopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at htto://www.fema.00v/national-incident-management-system. 3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using Grant funds (i.e., hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make Grant funded resources available to other jurisdictions through mutual aid htto://www.fema.00v/emeraencv/nims/ResourceMngmnt.shtm#item3. 12. Monitorina Sub -recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Sub -recipient's compliance with this Grant and of the adequacy and timeliness of Sub -recipient's performance pursuant to this Grant. After each monitoring visit, DPS/THSSAA shall provide Sub -recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Sub -recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub -recipient. Failure by Sub -recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. 13. Audit A. Audit of Federal and State Funds. Sub -recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). B. Sub -recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. C. Riaht to Audit. Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Sub -recipient shall permit DPS/THSSAA or its authorized representative to audit Sub -recipient's records. Sub -recipient shall provide any documents, materials or information necessary to facilitate such audit. D. Sub -recipient's Liability for Disallowed Costs. Sub -recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Sub -recipient further understands and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub -recipient from funds that were not provided or otherwise made available to Sub -recipient pursuant to this Grant or any other federal contract. E. Sub-reciaient's Facilitation of Audit. Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPS/THSSAA may require of Sub -recipient. Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub -recipient and the requirement to cooperate is included in any subcontract it awards. F. State Auditor's Clause. Sub -recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub -recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub -recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub -recipient relating to this Grant. 14. Retention and Accessibility of Records A. Retention of Records. Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB Circular, 44 C.F.R. Section 13.42, UGMS §_ 42, and this Grant. Sub -recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPS/THSSAA may direct Sub -recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. B. Access to Records. Sub -recipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books. accounts, records, reports, files, other papers, things or property belonging to or in use by Sub -recipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Sub -recipient. Sub -recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. C. Inclusion in Subcontracts. Sub -recipient shall include the substance of this in all subcontracts. D. After Action Reporting. Sub -recipient shall complete. deliver to the appropriate source, and retain copies of all after -action reports and certificates of completion for all training and exercises paid for by this Grant. 15. Legal Authority A. Sianatory Authority. Sub -recipient assures and guarantees that Sub -recipient possesses the legal authority to enter into this Grant. receive Grant funds and to perform the project Sub -recipient has obligated itself to perform pursuant to this Grant. B. Authorized Representative. The person or persons signing and executing this Grant on Sub -recipient's behalf do warrant and guarantee that he/she has been duly authorized by Sub -recipient to execute this Grant on Sub -recipient's behalf and to validly and legally bind Sub -recipient to all terms and conditions and performance obligations. C. Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, Sub -recipient shall comply with the strictest requirement. 16. Notice of Litigation and Claims Sub -recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative agency, filed against Sub -recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub -recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub -recipient with respect to such action or claim. 17. No Liability for Employees and Officers DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub -recipient, regardless of where the individual's actions or omissions occurred. 18. Non -Waiver of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. A waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. 19. Changes and Amendments A. Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Sub -recipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Sub -recipient is not valid. B. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment Notice (GAN). C. Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub -recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub -recipient as if written in this Grant. D. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub -recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub -recipient's acceptance of the changes to this Grant. 20. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. 21. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. 22. Suspension In the event Sub -recipient fails to comply with any term of this Grant, DPS/THSSAA mayupon written notification to Sub -recipient, suspend this Grant, in whole or in part, withhold payments to Sub -recipient and prohibit Sub -recipient from incurring additional obligations of this Grant's funds. 23. Termination DPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/THSSAA determines that Sub -recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: 1. The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety. 24. Enforcement If Sub -recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Sub -recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Sub -recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action, DPS/THSSAA will provide Sub -recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub -recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub -recipient resulting from obligations incurred by Sub -recipient during a suspension or after termination of this Grant are not allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Sub -recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred by Sub -recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub -recipient from being subject to "Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. 25. Conflict of Interest No employee, officer or agent of Sub -recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. 26. Closing of this Grant A. DPS/THSSAA will close a sub -award after receiving Sub -recipient's final quarterly performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub -recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub -recipient. If Sub -recipient did not use all the funds received, DPS/THSSAA will issue a GAN to recover the unused funds. Sub -recipient will return the funds to the DPS/THSSAA within 30 calendar days of receiving the GAN. B. At the completion of Sub -recipient's performance period, DPS/THSSAA will de -obligate all uncommitted / unexpended funds. C. The closeout of this Grant does not affect: 1. DHS or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub -recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub -recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Nelda Martinez Title Mayor Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant -supported activities, DHS -FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant. "Research" "means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principles Regarding the Care and Use of Animals 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this Grant. Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official Nelda Martinez Title Mayor Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub -recipient, I certify that Sub -recipient 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this Grant. Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official Nelda Martinez Title Mayor Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date Exhibit C Certifications The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510 (Federal Certification). The Sub -recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Sub -recipient can access debarment information by going to www.sam.aov and the State Debarred Vendor List http://www.window.state.tx.us/orocurement/proa/vendor performance/debarred. 2. Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where Sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification) E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub -recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub -recipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and Sub -recipient will require such compliance in any sub -grants or contract at the next tier. G. Sub -recipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.C. §701 et seq. — which requires Sub -recipient to publish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, places where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. Sub -recipient will notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Sub -recipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. H. Sub -recipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF -424, item number 17 for additional information and guidance. I. Sub -recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. J. Sub -recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Nelda Martinez Title Mayor Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub -recipient's governing body or of the Sub -recipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub -recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub -recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub -recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub -recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at httos://www.sam.aov/oortal/oublic/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official Nelda Martinez Title Mayor Sub -recipient Organization City of Corpus Christi Signature of Authorized Official Date AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Oct. 14, 2014 Second Reading Ordinance for the City Council Meeting of Oct. 21, 2014 DATE: TO: September 25, 2014 Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $2,961.57 to support the Emergency Medical Service (EMS) operation. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,961.57 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,961.57 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department PURPOSE: The Costal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a check as a grant in the amount of $2,961.57. This is a direct grant for the benefit of the City's Emergency Medical Service (EMS) operations. No application was required. The EMS Division will purchase twenty-eight EZ- 10 needles at $100.00 each to stock them on the Medical Units. This is the fourteenth year the Coastal Bend Regional Advisory Council has distributed similar grants. These funds originated from the Texas Department of State Health Services and are routed to the Coastal Regional Advisory Council for distribution. Every Emergency Medical Services agency will yin tile twelve county Coastal Bend who is activery participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: o Operating o Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,961.57 $2,961.57 BALANCE $2,961.57 $2,961.57 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $2,961.57. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,961.57 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,961.57 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,961.57 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. SECTION 2. That $2,961.57 is appropriated in the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 14, 2014 Second Reading Item for the City Council Meeting of October 21, 2014 DATE: September 25, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Contract Choke Canyon Dam Spillway Gate Rehabilitation CAPTION: Ordinance approving and appropriating a transfer of $4,300,000 from the Unreserved Fund Balance in No. 4050 Choke Canyon Fund Account No. 251400 Reserve for Choke Canyon Maintenance into Water CIP Fund 4080 for Project No. E14043 Choke Canyon Dam Spillway Gate Rehabilitation; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures in the amount of $4,300,000; and authorizing the City Manager or designee to execute the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $381,220 for the Choke Canyon Dam Spillway Gate Rehabilitation for design, bid, and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to transfer funds to the Choke Canyon Dam Spillway Gate Rehabilitation project and execute the Freese and Nichols, Inc. contract for the Choke Canyon Dam Spillway Gate Rehabilitation. BACKGROUND AND FINDINGS: Choke Canyon Dam is located in south Texas on the Frio River four miles west of Three Rivers, Texas and approximately 90 miles northwest of the City of Corpus Christi. The dam is comprised of a zoned earthen embankment, a reinforced concrete spillway with seven spillway gates, and an outlet works structure near the center of the dam. Construction of the dam and appurtenant structures, including spillway, occurred between 1976 and 1982. The gates have never been fully recoated since then. In 2013, an inspection of the spillway gates and upstream stoplog slots was performed by Freese and Nichols, Inc. (FNI). Based on observations from the inspection, rehabilitation of the spillway gates including recoating 7 spillway gates, placing new water tight seals, structural and miscellaneous modifications, and stoplog slot resurfacing is needed to increase the useful life of the structure and prevent future corrosion and subsequent section loss and connection deterioration and prevent risk of costly future repairs. The design of these improvements will be done in coordination with, and according to the requirements of the United States Bureau of Reclamation. This project includes engineering design of repair and improvements for the Choke Canyon Dam Spillway Gate Rehabilitation, to include: • Design of engineered repairs and improvements to the spillway gates and stoplogs at Choke Canyon Dam. • Creation of a construction package, to include construction plans, specifications, and other contract documents to allow the City to procure a contractor to perform the necessary rehabilitation, including United States Bureau of Reclamation /Texas Commission on Environmental Quality coordination. • Construction Phase services, to include contractor coordination, inspection, and record drawings. FNI is an engineering firm that is renowned nationwide for its expertise in dam design and consulting services, and have been providing quality professional services at the City's Wesley Seale Dam and Choke Canyon Dam since 1990s. FNI was awarded the Choke Canyon Spillway Gate Rehabilitation in 2003 under City Project No. 8411, but the City has been waiting over 8 years for the lake levels to fall low enough to facilitate this work, as the upstream portions of the work (stoplogs) can only be accomplished during low lake levels. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: This project will use unreserved fund balance. The engineering design service is approximately 5.8 % of the construction estimate. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑Capital Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $4,300,000.00 $4,300,000.00 Encumbered / Expended Amount This Item $381,220.00 $381,220.00 Future Anticipated Expenditures This Project $3,535,000.00 $3,535,000.00 BALANCE $383,780.00 $383,780.00 Fund(s): Choke Canyon Fund Comments: This project requires approximately 970 calendar days with anticipated completion June 2017. The contract will result in the expenditure of an amount not to exceed $381,220. RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance approving and appropriating a transfer of $4,300,000 from the Unreserved Fund Balance in No. 4050 Choke Canyon Fund Account No. 251400 Reserve for Choke Canyon Maintenance into Water CIP Fund 4080 for Project No. E14043 Choke Canyon Dam Spillway Gate Rehabilitation; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures in the amount of $4,300,000; and authorizing the City Manager or designee to execute the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $381,220 for the Choke Canyon Dam Spillway Gate Rehabilitation for design, bid, and construction phase services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $4,300,000 is appropriated from the Unreserved Fund Balance in No. 4050 Choke Canyon Fund Account No. 251400 Reserve for Choke Canyon Maintenance into Water CIP Fund 4080 for Project No. E14043 Choke Canyon Dam Spillway Gate Rehabilitation. SECTION 2. The FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 is amended to increase expenditures in the amount of $4,300,000. SECTION 3. The City Manager or designee is authorized to execute the engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $381,220 for the Choke Canyon Dam Spillway Gate Rehabilitation for design, bid, and construction phase services. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET CHOKE CANYON DAM SPILLWAY GATE REHABILITATION FUNDS AVAILABLE: Choke Canyon Fund (2014-2015) $4,300,000 FUNDS REQUIRED: Construction (Estimate) $3,000,000 Contingencies (10%) $300,000 Engineer Fees: Design Engineer (Freese and Nichols, Inc.) THIS CONTRACT $381,220 Other Services (Testing, Laboratory) (Estimate) $20,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $75,250 Engineering Services (Project Mgmt/Constr Mgmt $129,000 Misc $10,750 TOTAL $3,916,220 PROJECT BUDGET BALANCE $383,780 Project Location PROJECT # E14043 LOCATION MAP NOT TO SCALE CHOKE CANYON DAM SPILLWAY GATE REHABILITATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 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 (Executive Director of Public Works) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Blvd., Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Choke Canyon Dam Spillway Gate Rehabilitation (E14043) — Choke Canyon Dam is located in south Texas on the Frio River four miles west of Three River, Texas, and approximately 90 miles northwest of the City of Corpus Christi. The primary purpose of the reservoir is municipal and industrial water supply, and it also provides recreational and environmental benefits. The dam is comprised of a zoned earthen embankment, a reinforced concrete spillway with seven spillway tainter gates, and an outlet works structure near the center of the dam. The spillway gates are of original construction; construction of the dam and appurtenant structures, including the spillway, occurred between 1976 and 1982. The gates have never been fully recoated. In 2013, an inspection of the spillway gates and upstream stoplog slots was performed by Freese and Nichols, Inc. Based on observations from the inspection, an assessment report was prepared and recommendations were made for rehabilitation of the gates. This report confirmed the findings of the United States Bureau of Reclamation inspections that have also identified the need for a new coating system to the seven spillway gates. The next phase of the project will be to prepare contract documents for rehabilitation of the spillway gates, including such items as recoating, wire rope replacement, seal replacement, guide shoe refurbishment, and stoplog slot resurfacing. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Contract for Engineering (A/E) Services Page 1 of 4 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E14043 CHOKE CANYON DAM SPILLWAY GATE REHABILITATION\CONTRACT\CONTRACT.DOC Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. The Executive Director of Public Works may direct the A/E 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. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a revised fee not to exceed $381,220.00 (Three Hundred Eighty -One Thousand Two Hundred Twenty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) Contract for Engineering (A/E) Services Page 2 of 4 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E14043 CHOKE CANYON DAM SPILLWAY GATE REHABILITATION\CONTRACT\CONTRACT.DOC 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the NE 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. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering (A/E) Services Page 3 of 4 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E14043 CHOKE CANYON DAM SPILLWAY GATE REHABILITATION \CONTRACT1CONTRACT.DOC CITY OF CORPUS CHRISTI FREESAND NICHOLS, INC. (1.26. i 4- Natasha •2 .i4 - Natasha Fudge, P.E., Date Ron Gilzma, P.E., Date Acting Director, Capital Programs Vice President 800 N. Shoreline Blvd, Suite 1600N Corpus Christi, Texas 78401 RECOMMENDED (361) 561-6500 Office (361) 561-6501 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E14043 Fund Source No: 550950-4080-00000-E14043 Fund Name: Water CIP Encumbrance No: Contract for Engineering (A/E) Services Page 4 of 4 K:IENGINEERING DATAEXCHANGEUENNIFERIWATERlE14043 CHOKE CANYON DAM SPILLWAY GATE REHABILITATIONICONTRACTICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS (CHOKE CANYON DAM — SPILLWAY GATE REHABILITATION) (Project No. E14043) 1. SCOPE OF SERVICES A. Basic Services 1. PRELIMINARY PHASE SERVICES: Not Applicable. 2. DESIGN PHASE SERVICES: Spillway Radial Gate and Stoplog Slot Rehabilitation A. Project Management. Establish schedule, coordinate information between FNI and the City of Corpus Christi (City), and other efforts in support of this project. Coordinate Quality Control (QC)/Quality Assurance (QA) by Senior Management and Technical Staff consistent with FNI's established internal quality review processes. Facilitate internal kickoff meeting and coordinate conference calls for client kickoff meeting and progress meetings. 1. Attend and participate in a kickoff meeting with the City at the City's office to review the scope of the project, discuss roles and responsibilities, communication, budget, schedule, and specific project needs. Prepare meeting minutes for review and comment. Finalize meeting minutes based on input from meeting participants. Deliverables: See ExhibitA-1 B. Construction Drawings. The construction drawings will serve as the EXHIBIT "A" Page 1 of 13 Revised June 30, 2014 basis for preparation of quantity estimates, opinion of probable construction cost, technical specifications, and contract bid documents for use during construction. Drawings and Plan Executive Summary will be submitted at a 90% complete level to City personnel for review. Drawings will be submitted as part of the overall contract documents at the 90% level. The following specific tasks will be completed to develop the construction drawings for rehabilitation: 1. Modify designs as necessary for such items as removal of the existing coating, repair of the seven (7) spillway gates, re -coating, refurbishment of the guide shoes, replacement of the side and bottom seals, and other related work as recommended in the June 2013 Spillway Gate Inspection and Assessment Report for the spillway gates at Choke Canyon Dam prepared by FNI. 2. Develop details as necessary for such items as removal of the existing coating, repair of the upstream stoplog slots, re -coating, and other related work as recommended in the June 2013 Spillway Gate Inspection and Assessment Report for the spillway gates at Choke Canyon Dam prepared by FNI. 3. Prepare drawings in AutoCAD to describe the configuration and requirements for rehabilitation. 4. Coordinate drawings with the technical specifications so that work items and materials are covered in the specifications and compatible with notes on the drawings. 5. Perform three (3) site visits to discuss rehabilitation concepts and verify dimensions and existing conditions during the process of developing rehabilitation designs. 6. Calculate and estimate quantities for development of a bid schedule and opinion of probable construction cost. 7. Prepare 90% and Issue for Bid level drawings (include as part of the Contract Document package, refer to Section E — Contract EXHIBIT "A" Page 2 of 13 Revised June 30, 2014 Documents). Deliverables: See Exhibit A-1 C. Technical Specifications. Technical specifications will be prepared to describe the scope, materials, standards and procedures to which the work is to be performed for rehabilitation of the seven (7) spillway gates and stoplog slots. The technical specifications will be prepared as soon as the rehabilitation designs and drawings are advanced to a stage which provides an accurate description of the work involved. Environmental protection requirements will be included to make bidders aware of water quality regulations. The technical specifications will include the requirements for furnishing materials and execution of the work. The technical specifications along with the instructions to bidders, general conditions, special conditions, bid forms, bid schedule, design drawings and reference drawings will form the final contract bid package. Technical specifications will be submitted at a 90% complete level to City personnel for review. Technical specifications will be submitted as part of the overall contract documents at the 90% level. Specific tasks will include the following: 1. Prepare table of contents for the technical specifications and submit to City personnel for review and comment. 2. Prepare technical specifications for rehabilitation procedures in accordance with Construction Specifications Institute (CSI) format and City standards, specifications and general conditions. 3. Coordinate technical specifications with drawings to ensure that notes, material designations, etc. are compatible. EXHIBIT "A" Page 3 of 13 Revised June 30, 2014 4. Prepare 90% and Issue for Bid level technical specifications (include as part of the Contract Document package, refer to Section E — Contract Documents). Deliverables: See Exhibit A-1 D. Opinion of Probable Construction Cost. Quantity estimates for all items of work will be included in the construction bid documents. An engineer's opinion of probable cost will be prepared to include unit costs for defined items of work and total costs for the rehabilitation of the seven (7) spillway gates and stoplog slots. The Engineer's Opinion of Probable Construction Cost (OPCC) will serve as the basis for the City's decision on bidding and as the basis to compare and evaluate bids. The OPCC will take into consideration construction methods and techniques and construction schedules. Specific tasks will include the following: 1. Prepare bid schedule of construction items and quantities for inclusion in bid documents. 2. Identify major cost items and prepare an OPCC estimate. The approach will be to define the equipment, material and manpower needed to accomplish the work and assign appropriate rates to each component included in the work item, and use past experience and engineering judgment to arrive at the estimated unit prices. 3. Prepare estimated construction schedule. Deliverables: See Exhibit A-1 E. Contract Documents. The contract bid documents will enable the City to advertise for competitive bids for rehabilitation of the seven (7) spillway EXHIBIT "A" Page 4 of 13 Revised June 30, 2014 gates and the stoplog slots. City standard format will be used for relevant advertisement, bidding, payment, general terms and conditions, and standard specifications, with technical specifications produced by the project team. The following specific tasks will be completed to develop the contact documents: 1. The civil and structural technical specifications will be incorporated with the City's general conditions and other boiler plate sections including the following: Notice to Bidders Notice to Contractors Contract Forms General Provisions Special Provisions Standard Specifications 2. The draft contract documents, including General Provisions, Special Provisions and Standard and Technical Specifications will be assembled into a contract bid document with drawings, suitable for bidding and performance of the rehabilitation work and submitted to the City for review at 90% completion. 3. Submit 90% level contract documents to United States Bureau of Reclamation (USBR) personnel for review. This will include 90% level drawings and technical specifications. Receive and address comments in writing. 4. Submit 90% level contract documents to City personnel for review. Participate in a meeting at the City's office to discuss City and USBR comments on the 90% contract document package. Prepare meeting minutes, send out for City review, and finalize. 5. Incorporate USBR and City comments into the Issue for Bid contract documents. Deliverables: EXHIBIT "A" Page 5 of 13 Revised June 30, 2014 See Exhibit A-1 The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. B. Additional Services 3. BID PHASE SERVICES: Spillway Radial Gate and Stoplog Slot Rehabilitation A. Support During Bidding Process. Providing support to City personnel during the bidding period will help ensure that the drawings and specifications are being interpreted in accordance with the designer's intent. Specific tasks will include the following: 1. Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. 2. Assist the City in solicitation of bids by identification of prospective bidders and review of bids by solicited interests. 3. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. 4. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT "A" Page 6 of 13 Revised June 30, 2014 5. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. 6. Prepare PowerPoint presentation in City format for City Council Meeting. Deliverables: See Exhibit A-1 The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. Deliverables: See Exhibit A-1 4. CONSTRUCTION PHASE SERVICES: Spillway Radial Gate and Stoplog Slot Rehabilitation Provide professional Construction Phase Services (CPS) to assist in EXHIBIT "A" Page 7 of 13 Revised June 30, 2014 obtaining a completed project in accordance with the purpose and intent of the Construction Contract Documents. The overall construction schedule for the seven (7) spillway gates and stoplog slot rehabilitation is estimated to be 630 calendar days (approximately 21 months). Any effort directly or indirectly related to a time extension to the contractor and project duration will be an additional service for FNI. Also, any effort not included in this scope will be considered an additional service for FNI. Upon completion of the bid and negotiation phases, FNI shall proceed with the performance of construction phase services as described below. FNI shall endeavor to protect the City in providing these services, however, it is understood that FNI does not guarantee the contractor's performance, nor is FNI responsible for supervision of the contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the contractor or any subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the project site or otherwise performing any of the work of the project. A. Project Management. 1. Attend and participate in a pre -construction conference with the City and contractor, review construction schedules prepared for the Owner by the contractor pursuant to the requirements of the Construction Contract Documents, and review proposed estimate of monthly cash requirements of the project from information provided through the City by the contractor. 2. Establish communication procedures between the City and contractor. Establish E -Builder, FNI Construction Management software, as the electronic web -based project documentation management system for distributing submittals, submittal responses, and construction related documents. 3. Coordinate and/or cause the timely coordination (distribution, receipt and tracking) of project documents between all parties EXHIBIT "A" Page 8 of 13 Revised June 30, 2014 including City, the contractor, FNI, and FNI's subcontractors/subconsultants as appropriate. 4. Assist the City in preparing monthly reports of construction progress for the USBR. Reports will describe construction progress in general terms and summarize the construction schedule, including pending and approved contract modifications. 5. Review and make recommendations to the City regarding contractor's progress payment requests. B. Contractor Submittal Reviews. Review contractor's submittals throughout construction for consistency with plans, specifications, and project requirements, including the following: 1. Review contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the Construction Contract Documents for the project. Recommend action to the City for all submittals. It is anticipated that submittal reviews will consist of the following: a. Record Data/Certified Test Reports/Lab Test Reports — 8 b. Requests for information — 10 c. Schedule of Progress — 27 d. Submittals and Shop Drawings — 19 2. Provide technical information for inclusion in change orders or requests for quotes. Engineering analyses, plans, and specifications required to implement a change to the project design is considered an additional service and will be as agreed to by the City in writing prior to work being performed. 3. Review all contract modifications and field orders for conformance with the contract documents. Assist in negotiating contractor costs for design change orders. Prepare approvals of significant design modifications and substitutions of materials and provide written reports to the City. EXHIBIT "A" Page 9 of 13 Revised June 30, 2014 Deliverables: See Exhibit A-1 C. Site Visits. Make visits appropriate to the stage of construction to the site to observe the progress and the quality of work and attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort, FNI shall endeavor to protect the City against defects and deficiencies in the work of the contractor and shall report any observed deficiencies or non -conforming work to the City. 1. Monthly Meeting Visits. Twenty one (21) Monthly Construction Progress meetings and construction site visits for the Engineer or Record, or his designee, immediately prior to, or subsequent of, progress meetings. 2. Additional Stoplog Slot Specific Site Visits. Two (2) site visits are reserved for special circumstances as required to support the construction of the project or as directed by the City. 3. Spillway Gate Site Visits. Twenty one (21) site visits are anticipated to perform inspection and coordination on the seven (7) spillway gates (3 per spillway gate, outside of other site visits). The third visit for each gate will include observation of wet and dry tests and serve as the substantial walkthrough inspection for each gate. 4. Additional Spillway Gate Site Visits. Six (6) site visits are reserved for special circumstances as required to support the construction of the project or as directed by the City. Visits in excess of the specified number above in Items 1-4 are considered an additional service. Deliverables: See Exhibit A-1 D. Completion Activities. Prepare Record Drawings and a project completion report as follows: EXHIBIT "A" Page 10 of 13 Revised June 30, 2014 1. Revise the construction drawings in accordance with the information furnished by the contractor reflecting changes in the project made during construction. "Red Lines" will be developed and maintained by the contractor and approved by the City's inspector. Two (2) sets of prints of Record Drawings shall be provided by FNI to the City. 2. Prepare and submit a project completion report summarizing the construction phase observations by FNI. 3. Conduct, in company with the City, a one-year inspection (one day visit) of the project to evaluate the condition and performance of the spillway gates and stoplog slots. Provide a technical memorandum summarizing findings from the site observations. Deliverables: See Exhibit A-1 The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. In addition, for all phases, basic or additional service, City will provide the following to FNI as applicable: 1. Coordinate participation of staff for project meetings and notify all parties of the time and place of the meeting; 2. Schedule conference calls and provide for notice of the time and method of connection to all parties; 3. Attend scheduled meetings; 4. Receive and review all critiques, comments, and documents submitted by FNI; 5. Distribute copies of draft documents to City staff for review and comment; 6. Facilitate pre-bid conference and provide access to the facilities during the pre-bid conference; EXHIBIT "A" Page 11 of 13 Revised June 30, 2014 7. Facilitate pre -construction conference. 2. SCHEDULE Spillway Radial Gate and Stoplog Slot Rehabilitation A. A/E will provide Basic Services as shown below: 90% Contract Documents: Within 120 calendar days of receiving NTP. Issue for Bid Contract Documents: Within 35 calendar days of City and USBR comments on 90% level Contract Documents. B. A/E will provide Additional Services as shown below: Site Visit Memorandums: Within 2 calendar days of site visit. Substantial Completion punch lists for each spillway gate: within 3 calendar days of each walkthrough. Record Drawings: Within 60 calendar days of receiving all approved "Red Lines" from contractor. Project Completion Report: Within 60 calendar days of issuance of certificate of completion. One Year Inspection Memorandum: Within 5 calendar days of site visit which will occur approximately 65 days prior to end of maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". SCHEDULE Date Activity November 3, 2014 NTP March 2, 2014 90% submittal April 6, 2015 City/USBOR Review May 11, 2015 100% Final Submittal May 25, 2015 Advertise for Bids June 3, 2015 Pre -Bid Conference EXHIBIT "A" Page 12 of 13 Revised June 30, 2014 3. FEES June 17, 2015 Receive Bids July 28, 2015 Contract Award August 28, 2015 Begin Construction June 30, 2017 Complete Construction A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: C. Summary of Fees Fee for Basic Services 1. Preliminary Phase N/A 2. Design Phase $ 192,540 Subtotal Basic Services Fees $ 192,540 Fee for Additional Services 3. Bid Phase $ 16,300 4. Construction Phase $ 172,380 Subtotal Additional Services Fees $ 188,680 Total Authorized Fee $ 381,220 EXHIBIT "A" Page 13 of 13 Revised June 30, 2014 EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") CITY OF CORPUS CHRISTI, TEXAS CHOKE CANYON DAM — SPILLWAY GATE REHABILITATION (Project No. E14043) Basic Services: Spillway Radial Gate and Stoplog Slot Rehabilitation 1) Project Kickoff Meeting - Provide (1) electronic copy (.pdf) of the final meeting minutes 2) Technical Specifications Table of Contents (TOC) - Provide (1) electronic copy (.pdf) of the TOC. 3) 90% Review Submittal — Provide (5) hardcopies and (1) electronic copy (.pdf) of the drawings/specifications/other contract documents and Plan Executive Summary to include Opinion of Probable Construction Costs (OPCC) 4) 90% Review Meeting — Provide (1) electronic copy (.pdf) of the final meeting minutes 5) Issued for Bid Submittal — Provide (5) hard copies and 1 electronic copy (.pdf) of the Bid Set and OPCC Additional Services: Spillway Radial Gate and Stoplog Slot Rehabilitation 6) Bid Support — Provide a pre-bid meeting agenda and provide RFI response or addenda in response to questions from contractors 7) Bid Support — Provide (1) electronic copy of the Bid Tabulation 8) Bid Support — Provide (1) electronic copy of a written award recommendation based on bid evaluations 9) Construction Support — Provide contractor submittal review comments and responses EXHIBIT "A-1" Page 1 of 2 Revised April 2010 10) Construction Support — Provide monthly construction progress reports 11) Construction Support— Provide (1) electronic copy of site visit memoranda after site visits 12) Construction Support — Provide (1) electronic copy of the substantial completion punch list 13) Construction Support — Provide (1) electronic and (3) hard copies of record drawings 14) Construction Support — Provide (1) electronic and (3) hard copies of the project Completion Report 15) Construction Support — Provide (1) electronic and (3) hard copies of the one- year inspection technical memorandum EXHIBIT "A-1" Page 2 of 2 Revised April 2010 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised November 2013) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large Freese and Nichols - Insurance & Indemnification.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, 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, 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. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall 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: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large Freese and Nichols - Insurance & Indemnification.docx H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful 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. I. 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 stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. 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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of the negligent performance of Consultant's services in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large Freese and Nichols - Insurance & Indemnification.docx Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 5096 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 096 $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $21000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 096 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 096 $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11i $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols P. O. BOX: N/A 800 N. Shoreline Blvd, STREET ADDRESS: Suite 1600N CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation 2. Partnership 4. Association 5. Other B 78401 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessar=y, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N 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 � l� Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name /25 - Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name t-)ke Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: t • S . 1 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." "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. g. Choke Canyon Dam Spillway Gate Rehabilitation Corpus Chr'sti Capital Programs Council Presentation October 14, 2014 Project Scope • Engineering repairs and improvements to seven spillway gates and stoplogs • Creation of construction documents; and • Construction Phase services. Corpus Chr sti Capital Programs PROJECT LOCATION Corpus Project Schedule co) Corpus Chr ski Capital Programs 2014 2015 2016 2017 D MIA M Design JIJIA Bid & Award SON D JIFIMIA MJJA SON D MIA M J Construction Project Estimate: 970 Calendar Days 32 Months Projected Schedule reflects City Council award in October 2014 with anticipated construction completion in June 2017. Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Choke Canyon Fund (2014-2015) $4,300,000 FUNDS REQUIRED: Construction (Estimate) $3,000,000 Contingencies (10%)... $300,000 Engineer Fees: Design Engineer (Freese and Nichols, Inc.) THIS CONTRACT $381,220 Other Services (Testing, Laboratory) (Estimate) $20,000 Reimbursements $215,000 TOTAL $3,916,220 PROJECT BUDGET BALANCE $383,780 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 14, 2014 Second Reading Ordinance for the City Council Meeting October 21, 2014 DATE: September 22, 2014 TO: FROM: Ronald L. Olson, City Manager Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Conexia Inc CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Conexia Inc ("Conexia") to provide a grant of up to $160,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Conexia Business Incentive Agreement for the creation of jobs; and appropriating $160,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Conexia; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $160,000. PURPOSE: Conexia will create jobs in Corpus Christi. They will create 80 full-time employees with an annual payroll of $5,840,000. BACKGROUND AND FINDINGS: Conexia plans to lease space in downtown Corpus Christi and operate their specialized information technology design, development, maintenance and transaction processing services to health payers (e.g., health plans, Medicaid programs, workers compensation carriers, etc.). They will service clients in Texas and in the United States ramping up to 80 head office personnel within five years. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: Conexia brings a different industry into our economy and great wages. This grant will be used for the creation of jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 160,000 160,000 Encumbered / Expended Amount This item 160,000 160,000 BALANCE 0 0 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to Conexia Inc in the amount of $160,000 for the creation of jobs. LIST OF SUPPORTING DOCUMENTS: Ordinance - Conexia Agreement - Conexia Business Service Agreement - Conexia Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Conexia Inc ("Conexia") to provide a grant of up to $160,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Conexia Business Incentive Agreement for the creation of jobs; and appropriating $160,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Conexia; and changing the FY 2014- 2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $160,000. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Conexia for the creation of at least 80 full-time jobs with an average annual salary of at least $73,000 and annual payroll of at least $5,840,000 over a five year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation of jobs between the Type A Corporation and Conexia; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation of jobs between the Type A Corporation and Conexia. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the creation of jobs between the Type A Corporation and Conexia that provides for the creation of jobs within the City of Corpus Christi, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Conexia, which is attached to this resolution as Exhibit B. ORDINANCE - Conexia Page 2 of 3 SECTION 3. That $160,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Conexia for the creation of jobs. SECTION 4. That Ordinance No. 030294, which adopted the FY 2014-2015 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $160,000 for a business incentive grant from the Type A Corporation to Conexia for the improvements to their meat processing facility and the creation of jobs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor APPROVED: day of , 2014. Corpus Christi, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb ORDINANCE - Conexia Page 3 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta City Secretary ORDINANCE - Conexia Nelda Martinez Mayor BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CONEXIA INC FOR CREATION OF JOBS This Business Incentive Agreement for Capital investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Conexia Inc ("Conexia"), a Delaware corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, Section 504.002 et seq, ("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 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on October 18, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Conexia provides specialized information technology design, development, maintenance and transaction processing services to health payers (e.g., health plans, Medicaid programs, workers compensation carriers, etc.); WHEREAS, Conexia proposes to initially invest approximately $109,000 over a five year period; WHEREAS, on September 15, 2014 the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Conexia, Page 1 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 through this Agreement with Conexia that will result in the creation of eighty full-time jobs, with an estimated annual average salary of $73,000. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Conexia agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualification. a !n order to count as a created job under this Agreement, a "job" must be as defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. b. Conexia agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. Conexia agrees to provide Corporation with a sworn certificate by authorized representatives of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. d. Conexia shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Utilization of Local Contractors and Suppliers. Conexia 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 contracts 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. Conexia agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Conexia 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 Conexia is in compliance with this requirement. Failure to substantially comply with Page 2 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises ("DBE"). Conexia agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, 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 office of the business as complying with state or federal standards for qualification as such an enterprise. Conexia agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Conexia agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Conexia 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 Conexia 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 disadvantaged business enterprises, 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 !evel 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. 9. Warranties. Conexia warrants and represents to Corporation the following: a. Conexia is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Conexia has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Conexia has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other Page 3 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Conexia has received a copy of the Act, and acknowledges that the funds granted in 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 Conexia is duly authorized to execute this Agreement on behalf of Conexia. f. Conexia does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Conexia is convicted of a violation under §U.S.C. Section 1324a(f), Conexia 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 Conexia has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Conexia shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non -Discrimination. Conexia covenants and agrees that Conexia 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 Facility, 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. 12. Force Majeure. !f the Corporation or Conexia are 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 Conexia 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. 13. Assignment. Conexia 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. 14. Indemnity. Conexia 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 Page 4 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 manner connected with, or are claimed to arise out of or be in any manner connected with Conexia 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. Conexia 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 cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Conexia. The following events constitute a default of this Agreement by Conexia: a. The Corporation or City determines that any representation or warranty on behalf of Conexia 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 Conexia or any attachment or other levy against the property of Conexia with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Conexia makes an assignment for the benefit of creditors. d. Conexia files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Conexia become delinquent, and Conexia fails to timely and properly follow the legal procedures for protest or contest. f. Conexia changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Conexia fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Conexia is in default according to the terms of this Agreement, the Corporation or City shall notify Conexia in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Conexia to cure the event of default. 17. Results of Uncured Default by Conexia. 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 Conexia, 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. Page 5 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 a. Conexia shall immediately repay all funds paid by Corporation to them under this Agreement. b. Conexia shall pay Corporation 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 Conexia of all sums due, the Corporation and Conexia shall have no further obligations to one another under this Agreement. 18. 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. 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 Conexia's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Conexia 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 remedies or elect to terminate this Agreement on account of the default. 19. Conexia specifically agrees that Corporation shall only be liable to Conexia for the actual amount of the money grants to be conveyed to Conexia, and shall not be liable to Conexia 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 revenue 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 this event, Corporation will provide all Page 6 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 supporting documentation, as requested. Payments to be made shall also require a written request from Conexia to be accompanied by all necessary supporting documentation. 20. 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. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Conexia: Conexia Inc Attn: Matthew Daley 610 Uptown Blvd Suite 2000 Cedar Hill, Texas 75104 Corporation: City of Corpus Christi Business and Job Development 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. 22. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 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. Page 7 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 24. Relationship of Parties. In performing this Agreement, both the Corporation and Conexia will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 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 term 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 Conexia. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) Page 8 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 Corpus Christi Business & Job Development Corporation By: Bart Braselton President Date: Attest: By: Rebecca Huerta Assistant Secretary Conexia Inc By: Matthew Daley Vice President Date: 9' /z -Z/. THE STATE OF TEXAS COUNTY OF DC11 V)(5 This instrument was acknowledged before me on S mb, 2014, by Matthew Daley, Vice President, for Conexia Inc, a Delaware corporation, on behalf of the corporation. N6t ry P1,11 ublic State of Texas � Zulema Gonzalez s =tri Commission Expires '',,�� 07-05-2017 Page 9 of 9 Type A Business Incentive Jobs Creation and Retention Agreement Conexia 09 16 14 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Conexia shall over the term of this Agreement, create eighty full-time jobs, with an average annual salary of $73,000 as described in the schedule below. Year Number of New Jobs Number of Retained Jobs Annual Payroll Capital Investment 1 8 0 584,000 109,000 2 4 8 876,000 0 3 32 12 3,212,000 0 4 10 44 3,942,000 0 5 26 54 5,840,000 0 a. Grants, not to exceed $64,000 per year and a cumulative total of $160,000 over five years, are calculated as $2,000 per job created/retained basis. b. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. 2. The Corporation will award a grant to Conexia based on the formula above, payable not later than June 15 of each year if Conexia creates/retains the minimum number of jobs in the preceding year described in paragraph 1 above (collectively, the "annual performance benchmarks"). 3. Conexia will display signage that states that they are recipients of Type A funding. This signage will be provided to Conexia by the Board and will be displayed in a location that is visible to a visitor to their facility. A-1 Type A Business Incentive Agreement Jobs Creation and Retention Conexia Inc 09 16 14 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code ("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 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on October 18, 2010, which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Conexia Inc ("Conexia") has submitted a proposal to the Type A Corporation for a $160,000 grant for the creation of 80 new jobs in their IT support service facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Conexia's creation of 80 new jobs; and WHEREAS, the Type A Corporation and Conexia have executed a business incentives agreement for the creation of jobs related to Conexia's IT support service facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and Conexia related to Conexia IT support facility in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 Business Service Agreement -Conexia 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service 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. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service 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 Project Service 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 Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service 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 term of this Project Service Agreement, then the remainder of this Project Service 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 Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 Business Service Agreement -Conexia The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson City Manager Bart Braselton President Date: Date: Attest Rebecca Huerta City Secretary Business Service Agreement -Conexia Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 14, 2014 Action Item for the City Council Meeting of October 21, 2014 DATE: October 9, 2014 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 RESOLUTION Adopting the City of Corpus Christi's State Legislative Agenda for the 84th Texas Legislature. CAPTION: Adopting the City of Corpus Christi's State Legislative Agenda for the 84th Texas Legislature. PURPOSE: The City Council regularly adopts a legislative agenda prior to a new state and federal legislative session convening. The resolution identifies the policy and appropriations priorities of the City Council for the 84th Regular Legislative Session, which will run from January 13, 2015, through June 1, 2015, in Austin. BACKGROUND AND FINDINGS: The City Council conducted a workshop on legislative issues on September 16, 2014, and made a number of suggested additions to the issues previously identified by City staff. City's Internal Timeline for 84th Regular Session September 16, 2014 — City Council Workshop on Legislative Priorities September 29 -October 3, 2014 - TML Annual Conference — Mayor Nelda Martinez becomes President of TML. TML approves legislative policy priorities. October 14, 2014 — Future Agenda — Legislative Priorities Presentation October 21, 2014 — Adoption — Legislative Priorities The schedule for the 84th Session was corrected to reflect the January 1, 2015, inauguration date for new statewide elected officials (See Table 1 below). TABLE 1 - 84th Legislature Schedule Monday, November 10, 2014 Pre -filing of legislation for the 84th Legislature begins Thursday, January 1, 2015 Attorney General, Comptroller, Land Commissioner, Agriculture Commissioner and Railroad Commissioner(s) sworn in Tuesday, January 13, 2015 84th Legislature convenes at noon Tuesday, January 20, 2015 Governor and Lieutenant Governor are sworn in Friday, March 13, 2015 Deadline for filing bills and joint resolutions other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor Monday, June 1, 2015 Last day of 84th Regular Session; corrections only in house and senate Sunday, June 21, 2015 Last day governor can sign or veto bills passed during the regular legislative session Monday, August 31, 2015 Date that bills without specific effective dates (that could not be effective immediately) become law The City's General State Legislative Policy (see Table 2 below) is used to guide the City's contract lobbyists and the Intergovernmental Relations Department in evaluating state and federal legislative proposals not covered by the City's specific legislative policy initiatives. No changes have been made to this list previously approved by Council. TABLE 2. General State Legislative Polic The City SUPPORTS legislation and/or The City OPPOSES legislation and/or administrative actions that: administrative actions that: Protect and enhance City revenues. Undermine the principle of home rule and local control by the City. Reduces or eliminates costs to the City. Results in the loss of revenue or negatively impacts potential revenue growth to the City. Supports local control. Diminishes the authority of cities to regulate and manage their growth and development. Protects policies previously established by City leadership through the Charter, ordinances, resolutions, and master plans. Nullifies or undermines the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and the Coastal Bend region through the Port of Corpus Christi authority, public schools, community colleges and universities Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. How the City Prioritizes State Legislative Policy Issues The City's IGR Department identified three levels of importance on state legislative issues, which the City Council selects for each of the state appropriations or policy recommendations. ✓ Priority — means the City will actively pursue and support/oppose the policy, including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. ✓ Actively Support/Oppose — means the City will aggressively attempt to influence passage/defeat of a measure if it is introduced by some other entity. ✓ Endorse — means the City will make its support or opposition known, but will not actively pursue the issue. Proposed State Legislative Agenda for 84th Texas Legislature in 2015 The City's legislative agenda for the upcoming 84th Regular Session of the Texas Legislature in 2015 includes the following: TABLE 3. City of Cornus Christi Legislative Agenda Category Policy Area Recommendation Priority Transportation Taxes Support the passage of new, long-term, sustainable funding sources for transportation infrastructure; and the dedication of existing revenue generated from taxes, fees, or receipts related to transportation to the maintenance, improvement and expansion of roads, rail and public transportation. Priority Provide cities and counties with additional local funding options and resources to address transportation needs that are not otherwise met by current funding sources or to offset any new transportation related costs or requirements by state or federal government. Examples could include gasoline tax, vehicle registration fee, an exemption of the sales tax cap, or other option. Priority Water Appropriations Appropriate adequate funding for the Fiscal Years 2016 - 2017 biennium for the State of Texas to partner with local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. Priority Military Appropriations Appropriate $150 million in grant funding to Texas Military Preparedness Commission to assist defense communities with military value projects that enhance the installation's mission, improve operational efficiencies, and proactively address impacts from sequestration or other base realignment and closure activities that may happen in the future. Priority Appropriation Military Amend Chapter 436, Government Code, to increase the cap on project awards for the Defense Economic Adjustment Assistance Grant (DEAAG) program from $2 million to $5 million. Priority Tourism Taxes Secure for Corpus Christi and Port Aransas an equitable two percent (2%) portion of the state's Hotel Occupancy Tax for Gulf and Bay beach cleaning, maintenance and coastal erosion exactly as already provided to other barrier island municipalities. Priority Windstorm Insurance Windstorm insurance reform that restructures the governing board of the Texas Windstorm Insurance Association (TWIA) to put consumers on equal footing with insurance company members; creates incentives to promote voluntary coverage of windstorm and hail policies in the Texas seacoast; establishes a financial structure at TWIA that provides a stable, sustainable and affordable rate structure to be able to cover on an annual basis up to $4.3 billion in loss claims at TWIA, would cover a 1-in-100 year storm; requires member insurance companies pay allowable assessments sooner; establishes a small statewide catastrophic storm fund to pay for excess losses, and structures a more financially beneficial re-insurance program. Priority Utilities Water Amend Texas Utilities Code to allow municipalities to purchase energy wholesale from a co-generation facility to provide low-cost power for seawater desalination plant. Priority Municipal Authority Wind Farms Amend Chapter 212, Local Government Code, to empower municipalities to regulate development of wind farms within a municipality's extraterritorial jurisdiction (ETJ). Priority Municipal Authority Repeal the limitations in Chapter 2269, Government Code, on the number of design build civil works projects a governmental entity is allowed to undertake. Desk n Build Actively Support Transportation Appropriations Appropriate funding to TxDOT and include specific riders in the General Appropriations Act for TxDOT securing funding for the construction of passing lanes for SH 361 between Corpus Christi and Port Aransas and for improvements to the Port Aransas ferry system. Actively Support Tourism Appropriations Continue investing in Texas tourism promotion in the Governor's Office of Economic Development and Tourism Actively Support Tourism Public Maintain the existing public school start date, which is vitally important to the tourism economy of the Coastal Bend. Education Actively Support Water Amend statutes to eliminate impediments to development of water supply sources to meet the long- term needs of the State, whether it is through conservation, surface water, groundwater, aquifer storage and recovery, interbasin transfers, rainwater harvesting, or other strategies. Actively Support Transparency Local Government Taxes (a) Oppose the improper expansion of ballot language designed to create confusion at the ballot box for taxpayers; (b) Minimize superfluous calculations that serve no meaningful or comparative purpose; (c) Resist information requirements which expand reporting without meaningful benefit; (d) Create consistent requirements for all political subdivisions, including the State of Texas; and (e) Eliminate data reporting redundancies. Actively Support Appropriations Air Quality Texas Emission Reduction Program (TERP) — Free up $1 billion of previously collected TERP funds to improve air quality in near non -attainment areas instead of using those funds to certify the state budget. Actively Support Municipal Authority Amend Section 252.048 (c-1), Local Government Code , to increase in the administrative change order authority from $100,000 to 5% of the base contract value, not to exceed $500,000. Actively Support Natural Resources Water Change notice requirements for public oil and gas waste disposal permit applications in watersheds. Endorse Higher Education Appropriations Support appropriation requests by Texas A&M University -Corpus Christi for: (a) capital projects (Life Sciences Research and Engineering Building and Arts and Media Building) whether funded through tuition revenue bonds or other sources, (b) $11.5 million exceptional item funding for the Lone Star Unmanned Aircraft System Center for Excellence and Innovation for engineering/computing support staff and research fellows critical to the continuing research and development and operation of the program, including support of command and control center operations, range management and operation, and increased test site programming efforts; (c) $3 million exceptional item funding for expansion of engineering programs; and (d) $400,000 exceptional item funding for two staff positions and operational funding to support clients and the continued development of the Coastal Bend Innovation Center program. Endorse Higher Support appropriation/policy requests by Del Mar Education Appropriations College Endorse Public Education Ensure adequate resources (time, funding, Agency staffing levels, etc.) to support full implementation of House Bill 5 (83rd Session, 2013). It takes time to expand course offerings to students so that they can choose among an array of endorsements. School counselors and registrars need professional development to assure that students and parents are making fully informed academic choices and that transcripts are interpreted consistently across the state. State and education service center leadership are needed to deliver sustained professional development, particularly at the middle and high school levels, to assure that instructional rigor is sufficient for students to be academically successful. Endorse Taxes Natural Gas Allow the Corpus Christi Regional Transit Authority to sell compressed natural gas (CNG) to public (tax exempt) and private consumers (taxable) without losing its tax-exempt status. Endorse Texas Coalition for Affordable Power (TCAP) Protect City Original Jurisdiction — Oppose efforts to reduce or eliminate the original jurisdiction of cities in rate cases. Endorse Texas Coalition for Affordable Power (TCAP) Remove barriers to Utilizing Electric Transmission Right of Way for Municipally-Owned Hike and Bike Trails. Endorse Texas Coalition for Affordable Power (TCAP) Promote public-private partnerships to develop small scale generation projects. This would renew an effort from the last regular legislative session. Endorse Appropriations Texas Recreation and Parks Society (TRAPS) Maximize the use of revenues from the sporting goods sales tax and federal funds to increase funding for parks and recreation programs for both Local and State parks and that all Texas Recreation & Parks Account Local Park Grant Program (TRPA) and Urban Account funded park projects be subject to the established Texas Parks and Wildlife Department (TPWD) competitive scoring system. Endorse Appropriations Texas Recreation and Parks Society (TRAPS) Restore funding to the TRPA and Urban accounts at Texas Parks and Wildlife Department in the amount of at least $15.5 million per fiscal year ($31 million for biennium). Endorse Credit Access Business Regulation Support legislation to enhance state regulation of payday and auto title lending practices. Oppose legislation that preempts city regulations by ordinance. Endorse Workforce Support $3 million Exceptional Item request ($1.5M per fiscal year) by the Texas Workforce Commission to ALTERNATIVES: The Council can choose to: 1. Adopt the resolution. 2. Not adopt the resolution. 3. Make revisions to the resolution. OTHER CONSIDERATIONS: Additional legislative priority items may be presented to Council in the future as topics and circumstances warrant. CONFORMITY TO CITY POLICY: n/a EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Deputy City Manager Assistant City Manager for General Government and Business Support Services Assistant City Manager for Public Works and Utilities City Attorney FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Appropriations enhance its Apprenticeship program for high -demand, high skills jobs. Endorse Workforce Appropriations Support $10 million Exception Item request ($5M per FY) by the Texas Workforce Commission for intensive and rapid response recruitment of high skills jobs for companies expanding in or relocating to Texas. Endorse Workforce Appropriations Support $20 million Exceptional Item request ($10M per FY) by the Texas Workforce Commission for the Accelerate Texas program to align high demand occupational skill training with literacy and numeracy training. ALTERNATIVES: The Council can choose to: 1. Adopt the resolution. 2. Not adopt the resolution. 3. Make revisions to the resolution. OTHER CONSIDERATIONS: Additional legislative priority items may be presented to Council in the future as topics and circumstances warrant. CONFORMITY TO CITY POLICY: n/a EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Deputy City Manager Assistant City Manager for General Government and Business Support Services Assistant City Manager for Public Works and Utilities City Attorney FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Year FY 15 TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: 1. Presentation 2. Resolution RESOLUTION Adopting the City of Corpus Christi's State Legislative Agenda for the 84th Texas Legislature. WHEREAS, the 84th Regular Session of the Texas Legislature convenes on January 13, 2015; WHEREAS, Every session, thousands of bills are filed and many have the potential to either directly or indirectly impact the City of Corpus Christi (City), its programs and services, its citizens, the tax base, and community needs; and WHEREAS, The City's Intergovernmental Relations (IGR) Department is responsible for monitoring state and federal governmental activities, developing legislative priorities approved by City Council, managing the City's legislative consultants at Focused Advocacy, and coordinating legislative activities with other public and private sector entities and municipal advocacy organizations; and WHEREAS, it is necessary to provide guidance for the City's officers and representatives in conducting the City's legislative efforts and relations; and WHEREAS, to be successful, this ever -evolving business environment requires close contact and constant communication with legislative leadership, external legislative consultants, municipal advocacy organizations, statewide municipal partners, community leadership, and community stakeholders. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council generally supports bills that: • Protects & enhances City revenues. • Reduces or eliminates costs to the City. • Supports local control. • Protects policies previously established by City leadership through the Charter, Ordinances, Resolutions or Master Plans. • Provides increased educational opportunities for the citizens of Corpus Christi and the Coastal Bend region by supporting its public schools, community colleges and universities. SECTION 2. The City Council generally opposes bills that: • Undermines the principles of Home Rule and Local Control. • Results in the loss of revenue or negatively impacts potential revenue growth. • Diminishes the authority of cities to regulate and manage their growth and development. • Nullifies or undermines the City's policies contained in existing provisions of the Charter, Ordinances, Resolutions and Master Plans - unless such changes expand the City's ability to manage its own affairs. • Imposes unfunded mandates that requires any expenditures by the City unless all costs are full reimbursed by the mandating governmental entity. Page 1 of 6 SECTION 3. The City Council adopts the following priorities as its agenda for the 84th Texas Legislature. Priority 1. Support the passage of new, long-term, sustainable funding sources for transportation infrastructure; and the dedication of existing revenue generated from taxes, fees, or receipts related to transportation to the maintenance, improvement and expansion of roads, rail and public transportation. 2. Provide cities and counties with additional local funding options and resources to address transportation needs that are not otherwise met by current funding sources or to offset any new transportation related costs or requirements by state or federal government. Examples could include gasoline tax, vehicle registration fee, an exemption of the sales tax cap, or other option. 3. Appropriate adequate funding for the Fiscal Years 2016-2017 biennium for the State of Texas to partner with local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. 4. Appropriate $150 million in grant funding to Texas Military Preparedness Commission to assist defense communities with military value projects that enhance the installation's mission, improve operational efficiencies, and proactively address impacts from sequestration or other base realignment and closure activities that may happen in the future. 5. Amend Chapter 436, Government Code, to increase the cap on project awards for the Defense Economic Adjustment Assistance Grant (DEAAG) program from $2 million to $5 million. 6. Secure for Corpus Christi and Port Aransas an equitable two percent (2%) portion of the state's Hotel Occupancy Tax for Gulf and Bay beach cleaning, maintenance and coastal erosion exactly as already provided to other barrier island municipalities. 7. Windstorm insurance reform that restructures the governing board of the Texas Windstorm Insurance Association (TWIA) to put consumers on equal footing with insurance company members; creates incentives to promote voluntary coverage of windstorm and hail policies in the Texas seacoast; establishes a financial structure at TWIA that provides a stable, sustainable and affordable rate structure to be able to cover on an annual basis up to $4.3 billion in loss claims at TWIA, would cover a 1 -in -100 year storm; requires member insurance companies pay allowable assessments sooner; establishes a small statewide catastrophic storm fund to pay for excess losses, and structures a more financially beneficial re -insurance program. Page 2 of 6 8. Amend Texas Utilities Code to allow municipalities to purchase energy wholesale from a co -generation facility to provide low-cost power for seawater desalination plant. 9. Amend Chapter 212, Local Government Code, to empower municipalities to regulate development of wind farms within a municipality's extraterritorial jurisdiction (ETJ). 10. Repeal the limitations in Chapter 2269, Government Code, on the number of design build civil works projects a governmental entity is allowed to undertake. Actively Support 1. Appropriate funding to TxDOT and include specific riders in the General Appropriations Act for TxDOT securing funding for the construction of passing lanes for SH 361 between Corpus Christi and Port Aransas and for improvements to the Port Aransas ferry system. 2. Continue investing in Texas tourism promotion in the Governor's Office of Economic Development and Tourism 3. Maintain the existing public school start date, which is vitally important to the tourism economy of the Coastal Bend. 4. Amend statutes to eliminate impediments to development of water supply sources to meet the long-term needs of the State, whether it is through conservation, surface water, groundwater, aquifer storage and recovery, interbasin transfers, rainwater harvesting, or other strategies. (a) Oppose the improper expansion of ballot language designed to create confusion at the ballot box for taxpayers; (b) Minimize superfluous calculations that serve no meaningful or comparative purpose; (c) Resist information requirements which expand reporting without meaningful benefit; (d) Create consistent requirements for all political subdivisions, including the State of Texas; and (e) Eliminate data reporting redundancies. 4. Texas Emission Reduction Program (TERP) — Free up $1 billion of previously collected TERP funds to improve air quality in near non -attainment areas instead of using those funds to certify the state budget. 5. Amend Section 252.048 (c-1), Local Government Code, to increase in the administrative change order authority from $100,000 to 5% of the base contract value, not to exceed $500,000. 6. Change notice requirements for public oil and gas waste disposal permit applications in watersheds. Page 3 of 6 Endorse 1. Support appropriation requests by Texas A&M University -Corpus Christi for: (a) capital projects (Life Sciences Research and Engineering Building and Arts and Media Building) whether funded through tuition revenue bonds or other sources, (b) $11.5 million exceptional item funding for the Lone Star Unmanned Aircraft System Center for Excellence and Innovation for engineering/computing support staff and research fellows critical to the continuing research and development and operation of the program, including support of command and control center operations, range management and operation, and increased test site programming efforts; (c) $3 million exceptional item funding for expansion of engineering programs; and (d) $400,000 exceptional item funding for two staff positions and operational funding to support clients and the continued development of the Coastal Bend Innovation Center program. 2. Support appropriation/policy requests by Del Mar College 3. Ensure adequate resources (time, funding, Agency staffing levels, etc.) to support full implementation of House Bill 5 (83rd Session, 2013). It takes time to expand course offerings to students so that they can choose among an array of endorsements. School counselors and registrars need professional development to assure that students and parents are making fully informed academic choices and that transcripts are interpreted consistently across the state. State and education service center leadership are needed to deliver sustained professional development, particularly at the middle and high school levels, to assure that instructional rigor is sufficient for students to be academically successful. 4. Allow the Corpus Christi Regional Transit Authority to sell compressed natural gas (CNG) to public (tax exempt) and private consumers (taxable) without losing its tax-exempt status. 5. Protect City Original Jurisdiction — Oppose efforts to reduce or eliminate the original jurisdiction of cities in rate cases. 6 Remove barriers to Utilizing Electric Transmission Right of Way for Municipally -Owned Hike and Bike Trails. 7. Promote public-private partnerships to develop small scale generation projects. This would renew an effort from the last regular legislative session. 8. Maximize the use of revenues from the sporting goods sales tax and federal funds to increase funding for parks and recreation programs for both Local and State parks and that all Texas Recreation & Parks Account Local Park Grant Program (TRPA) and Urban Account funded park projects be subject to the established Texas Parks and Wildlife Department (TPWD) competitive scoring system. Page 4 of 6 9. Restore funding to the TRPA and Urban accounts at Texas Parks and Wildlife Department in the amount of at least $15.5 million per fiscal year ($31 million for biennium). 10. Support legislation to enhance state regulation of payday and auto title lending practices. Oppose legislation that preempts city regulations by ordinance. 11. Support $3 million Exceptional Item request ($1.5M per fiscal year) by the Texas Workforce Commission to enhance its Apprenticeship program for high -demand, high skills jobs. 12. Support $10 million Exception Item request ($5M per FY) by the Texas Workforce Commission for intensive and rapid response recruitment of high skills jobs for companies expanding in or relocating to Texas. 13. Support $20 million Exceptional Item request ($10M per FY) by the Texas Workforce Commission for the Accelerate Texas program to align high demand occupational skill training with literacy and numeracy training. Priority SECTION 4. The Legislative Agenda remain in effect until amended by the City Council. SECTION 5. The IGR Director is directed to distribute the City's Legislative Agenda to the local legislative delegation, legislative leadership, external legislative consultants, municipal advocacy organizations, statewide municipal partners, community leadership, and community stakeholders to solicit their advice, support, and active engagement in the legislative process. This resolution takes effect upon City Council approval on this the day of , 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Corpus Christi, Texas The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Page 5 of 6 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page6of6 City of Corpus Christi Legislative Agenda 84t" Regular Session Future Agenda est' October 14, 2014 Workshop Comments & Additional Staff Recommendations Support of Del Mar College, Workforce Solutions, & other local government recommendations. Support for enhanced state regulation of payday & auto title lenders. Recommendation on transparency for bond ballot language. Eliminate the limitations on the number of design build civil works projects a governmental entity is allowed to do. Recommendations from Texas Recreation And Parks Society (TRAPS) & Texas Coalition for Affordable Power (TCAP). Levels of Importance Priority — means the City will actively pursue and support/oppose the policy, including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. Actively Support/Oppose — means the City will aggressively attempt to influence passage/defeat of a measure if it is introduced by some other entity. Endorse — means the City will make its support or opposition known, but will not actively pursue the issue. PRIORITIES New, Tong -term, sustainable funding sources for transportation & the full dedication of existing revenues. Statewide local -option transportation funding strategy. State grant funding for seawater desalination project. State grant funding for military value projects. Increase DEAAG program limits from $2M to $5M. PRIORITIES 2% share of state HOT funds for beach cleaning & erosion response projects in Corpus Christi & Port Aransas. Windstorm Insurance (a) funding structure, (b) board make up & (3) incentives for voluntary market. Wholesale purchase of energy for seawater desalination. Municipal regulation of wind farms in ETJ. NEW Remove limits on the number of design -build projects. ENDORSE Funding for TxDOT for passing lanes for SH 361 and for improvements to the ferry system. Continue investing in Texas tourism promotion in the Governor's Office of Economic Development and Tourism. Oppose changes to the school start date. NEW Support full implementation of HB 5 (83rd Session, 2013) on public school accountability & assessment (CCISD) NEW Allow RTA to sell CNG to public & private consumers without losing tax -exemption (CCRTA). ENDORSE NEW Protect original jurisdiction for cities in electric rate cases (TCAP) . NEW Remove barriers to utilizing ROWs for city -owned hike & bike trails (TCAP). NEW Promote public-private partnerships to develop small- scale generation projects (TCAP). NEW Maximize use of sporting goods tax to increase funding for local parks grants (TRAPS). ENDORSE NEW Restore funding for TP&WD funding of at least $31 M for biennium (TRAPS). NEW Support enhanced state regulation of payday & auto title lenders. NEW Support Workforce Commission exceptional item requests: (a) $3M for Apprenticeship program; (b) $10M for Recruitment Texas (recruit skilled workers for expanding businesses; (c) $20M for Accelerate Texas (job skills & literacy). Questions/Discussion AGENDA MEMORANDUM Future Item for the City Council Meeting of October 21, 2014 Action Item for the City Council Meeting of October 28, 2014 DATE: September 30, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., A.I.C.P., Director, Department of Development Services DanG@cctexas.com 361-826-3595 Ordinance appropriating $3,956.06 from the No. 4220 Wastewater Trunk System Trust Fund to refund Pedro S. & Sarangelica Bazan, the wastewater lot/acreage fee paid. CAPTION: Ordinance appropriating $3,956.06 from the No. 4220 Wastewater Trunk System Trust Fund to refund Pedro S. Bazan and Sarangelica Bazan the wastewater lot/acreage fee paid since wastewater services are not available nor will it be available within the next 5 years as related to Oak Terrace Unit 2, Block 4, Lot 9A. PURPOSE: In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner may petition the City Council to determine whether the wastewater acreage should be refunded. BACKGROUND AND FINDINGS: In September 2004, Pedro S. Bazan and Sarangelica Bazan paid the wastewater acreage fee as required during the replat of the property. The Platting Ordinance in 1993 required payment of the wastewater acreage fee or an exemption from the fee by the City Council. The applicant paid the fee. In the 1993 Platting Ordinance as well as the current Unified Development Code (UDC), the current property owner may request a refund of the fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies if the petitioners are the property owners; no wastewater lines currently serve the petitioners' property; and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. The plat of Oak Terrace Unit 2, Block 4, Lot 9A was recorded as Lot 8 on September 17, 2004. Due to the lot number duplication, the amended plat as Lot 9A was recorded on June 14, 2005. It has been 10 years since the plat was first recorded and the wastewater fees paid. Based on the criteria stated above and the payment of $2,316.00 in 2004, Mr. and Mrs. Bazan are currently due $3,956.06. Since the fee was paid in 2004 and has been accruing interest, it is in the best interest of the City to authorize payment the Bazans. City Council Agenda Memorandum Pedro & Sarangelica Bazan Wastewater Acreage Fee Refund Page 2 ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Refund request is consistent with UDC Section 8.5.2.G.1. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $1,383,635.74 Encumbered / Expended Amount $500,773.71 This item $3,956.06 BALANCE $878,905.97 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. & Mrs. Bazan's wastewater acreage fee plus the required 5.5% interest per annum. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Location Map Exhibit B — Pedro S. Bazan Refund Request Ordinance K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS \10-21-2014\WASTEWATER REFUND - BAZAN\OAK TERRACE UNIT 2 AGENDA MEMO EXEC SUMMARY.DOC Ordinance making required findings and appropriating $3,956.06 from the No. 4220 Wastewater Trunk System Trust Fund to refund Pedro S. Bazan and Sarangelica Bazan, wastewater lot/acreage fees previously paid for Lot 9A, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: WHEREAS, the current property owner owning at least 50 percent (50%) of the relevant platted property has petitioned for a refund of the wastewater lot/acreage fees originally paid for that property; WHEREAS, the property does not currently have public wastewater services available; and WHEREAS, the property will not be served with public wastewater services within the next 5 years. THEREFORE, in accordance with Section 8.5.2.G. of the Unified Development Code, after making the above findings the City Council approves the refund of the wastewater lot/acreage fee paid by the petitioner with a 5.5 percent interest per annum. SECTION 1. Funding in the amount of $3,956.06 is appropriated from the No. 4220 Wastewater Trunk Line Trust Fund to refund Pedro S. Bazan and Sarangelica Bazan, wastewater lot/acreage fees previously paid for Lot 9A, Block 4, Oak Terrace Unit 2, in accordance with Section 8.5.2.G. of the Unified Development Code. Furthermore, the City Manager, or his designee, is authorized to issue payment of the refund to the named parties. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Appropriation Ordinance Wastewater Lot/Acreage Fees Pedro and Sarangelica Bazan Page 2 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\REFUNDS\2014\OAK TERRACE UNIT 2, BLOCK 4, LOT 9A\APPROPRIATION ORDINANCE.DOC 16 LOT 9A, BLOCK 4 ©* _ OAK TERRACE UNIT 2 6 7 8 9 6 10 7 11 8 12 9 31 32 33 4 Miles Legend Printing Date: 09/30/2014 File:•- Prepared By: MSS Illustrative purposes only. Coordinate System: NAD 1983 StatePlane Texas South FIPS 4205 Feet 0 City of Corpus Christi Deve Corpus Christi Bay Corpus Christi Bay LOCATION MAP city lopment Services corpus Pedro Bazan 1031 Graham Rd• Corpus Christi, "IN 781.15• :161-91,1-0.51 I • E -Mail: beil:ri }s1hcll.nct Date: 9.'16/11 Miguel S. Saltlafia City 1'Ianuci City of Corpus Christi Development Services '2406 Leopard Corpus Christi, TX 78408 Dear Mt. Saldaria: As per our conversation earlier today, I would like to formally request a refund of my "Wastewater System acreage fee" plus accrued interest and any other refunds that 1 am entitled to. Attached you will find copies of the checks used to pay my platting fees and a copy of the letter advising me of said fees dated 9/16/2004 from you. I do not have a receipt for the fees since they were handled through the engineering company that filed the plats, but if you need any more information I can contact them to sec what they have on file. Thank you for your cooperation and please call me if you have any questions. Sincerely, Pedro S. liaian SEP u SARANGELICA BAZAN OR PEDRO S BAZAN 08-14 CONSTRUCTION ACCOUNT DL 06479101 11227773 2537 DUNE DR PH. 361-937-5138 CORPUS CHRISTI, TX 78418-4748 ORDEROiEAfeeg..31/16//e, n� �� v v�c� R"—"s° 7BEY carp.OV Texas 76467-7660 FOR DATE (/r4 I $ 5 -- �DOL1ACLS 41149 228961:0/04i1'10 4072 411' SARANGELICA BAZAN OR PEDRO S BAZAN 08-04 CONSTRUCTION ACCOUNT DI_0847910111227773 2537 DUNE DR PH- 361-937-5138 II CORPUS CHRISTI, TX 78418-4748 P.Ay} TMJ'�'� Oii DFF OF 103 aC/" 88-2289/,1,9 T DATE $ a39061 f��n O ANME7CE P: C. Bw'7BBp 1ANX Carman Chrtse. Turns 713467-1r06P 1.1144228461:�.0103n' 1 0 4 0 7 2 11112 JARS AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 21, 2014 Second Reading Ordinance for the City Council Meeting of October 28, 2014 DATE: TO: 9/29/14 Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., A.I.C.P, Director, Development Services DanG©cctexas.com (361) 826-3595 Approval of waterline reimbursement agreement and appropriation of funding for Icon at Corpus Christi, L.P., developer/owner of Lot 1, Block 1, The Vineyards Unit Four CAPTION: Ordinance authorizing execution of a distribution main extension construction and reimbursement Agreement ("Agreement") with The Icon at Corpus Christi, Limited Partnership, ("Developer"), for the construction of a distribution waterline and appropriating $60,193.60 from the NO. 4030 Water Distribution Main Trust Fund to reimburse the developer in accordance with the agreement. PURPOSE: The purpose of this item is to reimburse The Icon at Corpus Christi, Limited Partnership, to install 1,853 linear feet of 8 -inch water distribution main line to provide adequate water supply to a new 304 -unit apartment project. The site is located along the south side of Saratoga Boulevard (SH 357), east of Airline Road, and west of Rodd Field Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 Credits and Reimbursements of the Unified Development Code ("UDC"), Icon at Corpus Christi, L.P., is requesting a Reimbursement Agreement for the development of Lot 1, Block 1, The Vineyards Unit Four, as shown on the final plat. The site is located along the south side of Saratoga Boulevard (SH 357), east of Airline Road, and west of Rodd Field Road. The development requires the offsite extension of 1,853 linear feet of 8 -inch distribution water main line in order to provide adequate water service to a new 304 -unit apartment project. The subject property will be served by the proposed 8 -inch PVC waterline which will connect from an existing 12 -inch waterline on Airline Road to the existing 12 -inch waterline off of Rodd Field Road. A layout of existing and proposed improvements is included in Exhibit 3. The proposed waterline extension qualifies as a Distribution Main. ALTERNATIVES: Denial of the Reimbursement Agreement. OTHER CONSIDERATIONS: Per Section 8.5.1.C.2.b.ii defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending water to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Distribution Main Trust Fund Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,227,858.60 Encumbered/ Expended Amount $83,233.46 This item $60,193.60 BALANCE $1,084,431.54 Fund(s): 4030-21806-777-540450 Comments: Balance reflects amount allocated for the Royal Creek Estates Unit 6 reimbursement agreement. RECOMMENDATION: Staff recommends approval of the agreement as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Distribution Main Extension Construction and Reimbursement Agreement with exhibits Ordinance THE VINEYARDS UNIT 4, BLOCK 1, LOT 1 AERIAL OVERVIEW MAP ORDINANCE AUTHORIZING EXECUTION OF A DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH THE ICON AT CORPUS CHRISTI LIMITED PARTNERSHIP, ("DEVELOPER"), FOR THE CONSTRUCTION OF A DISTRIBUTION WATERLINE AND APPROPRIATING $60,193.60 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") with The Icon at Corpus Christi Limited Partnership, ("Developer"), for the extension of an offsite 8 -inch distribution waterline, including all related appurtenances, for development of Lot 1, Block 1, The Vineyards Unit Four, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $60,193.60 is appropriated from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer for construction of the offsite distribution waterline in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § § § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule munici-pality, and The Icon at Corpus Christi Limited Partnership, ("Developer/Owner"), an Oklahoma corporation, acting by and through its general partner. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on May 7, 2014 to develop a tract of land, to wit: approximately 15.65 acres known as Lot 1, Block 1, The Vineyards Unit Four, located on the along the south side of Saratoga Boulevard, east of Airline Road, and west of Rodd Field Road as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 1,853 linear feet of 8 -inch PVC water distribution main line; 2. Installation of one (1) 12" x 8" tapping sleeve and valve; 3. Install five (5) 8'x8"x6" tee; 4. Install one (1) 8" 90 bend; 5. Install four (4) 8" 45 bends; 6. Install four (4) 8" 45 vertical bend; 7. Install six (6) 8" gate valves; 8. Install seven (7) 6" gate valves; 9. Install five (5) 3 -way fire hydrants with 12"x12"x6" tees; 10. Install twelve (12) standard valve boxes b. The offsite Distribution Main Extension must begin at the existing 12 -inch waterline on the southeast corner of Airline and Saratoga Boulevard (SH 357), and extend east 1,853 linear feet and connect to the existing 12 -inch waterline off of Rodd Field Road. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Distribution Main Extension. Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P., The Vineyards Unit Four, Block 1, Lot 1 vFinal Page 2 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by October 28, 2015. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before October 28, 2015. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P., The Vineyards Unit Four, Block 1, Lot 1 vFinal Page 3 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P., The Vineyards Unit Four, Block 1, Lot 1 vFinal Page 4 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 1 If to the Developer/Owner: The Icon at Corpus Christi Limited Partnership Attn: Mike D. Case 4200 Skelly Drive, Suite 800 Tulsa, Oklahoma 74135 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City. Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P., The Vineyards Unit Four, Block 1, Lot 1 vFinal Page 5 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 14.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $60,193.60 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as shown in the attached Addendum A. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P., The Vineyards Unit Four, Block 1, Lot 1 vFinal Page 6 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ('INDEMNITEES') FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 15.65 acres known as Lot 1, Block 1, The Vineyards Unit Four, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Gustavo Gonzalez City Secretary Assistant City Manager Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P., The Vineyards Unit Four, Block 1, Lot 1 vFinal Page 7 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 APPROVED AS TO FORM: , 2014. Julian Grant Assistant City Attorney The Icon at Corpus Christi Limited Partnership By: Case Equities Corporation, General Partner By: Mike D. Case President STATE OF at%144071,La_, § COUNTY OF 177-5 k- § This instrument was acknowledged before me on (9A0d e -K ' , 2014, by Mike D. Case, General Partner, Case Equities Corporation, an Oklahoma corporation, on behalf of said corporation. 14513 ,,,,,„4S; .Gokk4 ry Public's Signatu Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P., The Vineyards Unit Four, Block 1, Lot 1 vFinal Page 8 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 APPLICATION FOR WATERLINE REIMBURSEMENT We, The Icon at Corpus Christi, Limited Partnership, 4200 E. Skelly Drive, Suite 800, Tulsa, Oklahoma, 74135, owners and developers of proposed The Vineyards Unit Four, Block 1, Lot 1, hereby request reimbursement of $60,193.60 for the installation of the water distribution main, in conjunction with said lot, as provided for by City Ordinance No. 17092. $142,907.56 is the construction cost, including 8% Engineering and Surveying, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. i0/t0/i 4 Mike D. Case, President Date Case Equities Corporation THE STATE OFT AS § COUNTY OF TULSA § This instrument was acknowledged before me on 2014, by ,.,,MilfglD. Case (Name), President (Title), of o'Cksf ! i tprporation, an Oklahoma Corporation, on behalf of the said corporation. 1 ?Arow S°.. PiLSN0,, CERTIFICATION ary Public i:nd fo The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATERLINE CREDIT We, Icon at Corpus Christi, Limited Partnership, 4200 E. Skelly Drive, Suite 800, Tulsa, Oklahoma, 74135, owners and developers of proposed The Vineyards Unit Four, Block 1, Lot 1, hereby apply for $22,520.35 credit towards the water lot/acreage fee for the installation of the water distribution main as provided for by City Ordinance No. 17092. $165,427.91 is the construction cost, including 8% Engineering and Surveying, as shown by the cost supporting documents attached herewith. THE STATE OF T COUNTY OF TULSA Mike D. Case, President Date Case Equities Corporation This instrument was acknowledged before me onMLA, CO 2014, by Mike D. Case (Name) President (Title), of Case Equities Corporation, an Oklahoma Corporation, on behalf of the said corporation. J otary Public i d for the State of Oklahoma Exhibit 2 Page 2 of 2 WARNINGIIIII CPP LM / iTA 3s5 - �z as• SND r!. R' 48' 6EHD _OO CT TO CONNE 144 I2. GATE 0*1*E I - VK £ Bax Water Notes STA 3.42 I FH SEMBLY ...XIS...TEE 2 VALVE BOR AI WHEREVER TNF WORD'OTr LOus APPEARS HEREIN THE SAME SHALL CONNeY BE 1 EEO TO MEAN THE CITY OF CORPUSO.SnuN • TEMS LE THE CONTEXT HERWISE 4.2 AU WATER OIS1R0U110N SYSTEMS BULL BE DESIGNED W ACCORDANCE WITH THE CURRENT CITY LAND SUBDIVISION COCE AND ALL CORTRUCTON RiSTALLATON POSHALL MEET OR MEM THE OTT CONSTPVCTION STANDARDS AND MUNICIPAL UCY M 4.3 AL WATER EXSTRIBUTION SYSTEM CONSTRUCT' SHALL BE INSPECTED BY TME PUBLIC VAORNS DEPARTMENT UNtt INSPECTORS. 4.4 DIG TIROL. LOCATOR TAPE WILL BE BURIED 2 FEET ABOVEMFUNE. 4.5 All IRON RPE AND FITTINGS SHALL BE FOYNWAPPEO 41 ALL MAR" UNES SHALL HAVE A MINIMUM Of THREE TT18j FET Of COVER UNLE510114ERfME SHOWN HEREIN FEET DAMAIMVMO EREIN 4.E SECO. BAC.. AND COMPACTION OVER WATER LINE .ALL . ACCORDANCE `MTH CITY STANDARD ORAWWGs BACKFILL AND COMPACTION REOAREMFNT FOR STREETS SHALL EXPEND TWO 12) FEET BACX OF NRB. 51 ROAD CLOSURES MUST BE 100 04140 A MINIMUM O TWENTY FOUR n4) HOURS R4 NOT BE CLOSED FOR OVER EIGHT (9) HOVSS WITHOUT PUNTER PETERS.. FROM 7114 PUBIC'VMS DIRECTOR. 4 TER LANE CONSTKTSHALL RIEN ANO MAUNA. LL BE IN ACCORDANCE ALL THE RET REQUIREMENTS T FORTH BY THE O WATER 1.1.1.0NSTANDARDS AND DIMS. PVC RPE AND FITTINGS FOR WATER LANES SHALL BE AWWAVKWFB.0 CUMS Y USE OF RETAKE, VAN R DVAGSA DRO VILE. FIRE HYDRANTS.. BE IDCRED ONTO 4.9 CONTRACTOR SHALL NOTIFY THE CITY CONSTRUCTION INSPECTION OPMTMENT Bm.3SSS1 AT LEAST 3 WORKING Ixn PRIOR TO BEGINNING ANY KIRK N PUS. mMOVEMENTS. THE CITY WATER INSPECTOR M.11 BE CONTACTED AT LEAST 48 HOURS BEFORE ANY WORN BEGINS N PV0LC WATER IMPROVEMENTS, CALL FRED P500(301-826-U1Wl TO GET 114E NAME AND NUMBER O THE INSPECTOR WHO WILL. ASSINED TO WS PROTECT. 4,10 MI.. CO ACTH HOURS NOTIFYPRPR ALL TO ACTUAL COR�TEER MN" COMP. . -1 1 — BUC Waterline Line A PRROPOSED 12'P C-900 TIRMA& CONTROL PON REOUIRED FOR hIE WORN TO BE Rt0VOE0 BY THE CONTRACT. TY RN T.CONTRACT. LOT L. ROW s PER Pru SEA 5182ASSUAN, - 11'X)51111 111E 1 - DEM PLATTE AS LOT 2. DLOCA 1 'THE VREYA DS UNIT FOUR" OMM poymmy Le end STA 8.112 1182.1111. SE GTE TV EVALVE 2 VALVE BOX D. oDel .LODIRMI PAM Recur.Hamm Camly Tows LOT 5 BERM PUTTED AS (.0T 2. ELDON 1 'RHE VINEYARDS UNIT FOUR' CHLCFCOS STIR 18.27 P41)2 TOF',I°LS's'rxc-' CONCRETE NO ANEL) Fp REPLACE EWST.O CONES PANEL" STATE HWY 351 r 7i 2; l F 11 SO af•., - s 5114.04'61 .�-__ w _ !4581.00'. 11i%AEIILBLY MALA! 28 MONO. • VKV£ eONK� STA IMES 12,12.18. TEE2 VAL. BOX STA 0+23 TO 17.55 4ar 12-45OCR1 Bees T AND REPLK4NEMT. CONCRETE CNANNEL BAASM bard en RS NADH. Rat; Now CoarTN.,,Xern FIN. Bun URIAM 2 5) 51 Rods 0 LOT 5. SECTION 20 p(6015 is ICT M16 d OUTSCE aWIA2 MOS) BEING PLATTE AS LOT I, BLOCK 1 TE VINEYARDS UNIT FNB' PER RAI MP 7-7-1113104.48 1"1"L 00 PFA CINAO BIANS, mtMATg1IALTYPE ATT IE IL IDS )NAIL IF DDCIILF IRON PUBLIC Watertin Une A PROPOSED 12 PVo C-900 • 581.00' Tfl 33 N 5Ira" I 1-li a'eB1 - V. C4ATE AR. BOM VALVE AS A 2 xi2'NB'TEE BOR UmNrpEALNO 0666' 2 -VALVE LC AN LTD Gee ic ro 2O 0110 6211» OM. F.114 Record. Noma County, Tom enrol Notes 12 BO BEND 1 �Ex51.G FRS HYDRANT !MILS WARNINOIIIIII Lam* EWN. fm LM A 2A14.0 mMHCCT TOCOLIC vat. VALVE BOX 1.1 TOP040.1.4KI160.1PPON SHOWNIEMLN WAS PROMO BY URBAN ENOWFEING, CORPUS CHRISTI 12 ALL GRAMS.LIP-EO ON NORTH AMERICAN DATUM 1888 NAVEMEL MY EALLmeme12 WHEREVER THE WORD 'OTE' APPEARS 1E4E0 • SAME SNAIL CO3CLULHIY BE DM. TO MEAN Lime LOMAT, To OTT OR CORPUS OWN. 14x411 UNLESS )FIE CONFER CLEARLY TER OIHERWMF. LOT 7 LI THE CONTRACTOR LULL BE RESPONL&E ORTAINING ALL NECESSARY KURR ORDERS • PERMITS FROM THE OTINCLUDING CLUDING PROVISION SONO AND PERMITWILL AS RE °. A ORMEWMOUNTED FROM M-YELOPIA N 0K 5FRESAAN0PE DEVELOPMENT FOR ANY CONSTRUCTION Of 15/505'04x0 WI • TY RIGM-0,WAY. NORTH md. TS IW IN PROP(SEET PU3) I2 I PROPOSED a• (SHEETS P114 - h aterline re La out Pr J —wasreCter-EtlsTMD nWol _-. -I a FH Exhibit 3 COUNTY OF NUECE 011. OF CORPUS °HMI Vicinity Map eiN sco.p N Ts NC/ 401 OWNER: The Icon at Corpus Christi, LP an Oklahoma LP. 6801 Saratoga Blvd. Corpus Chrlstl, Texas 78414 Phone: (918)492-1983 Contact: Mike D. Case alethne a uantHles OOBaHe 10"E L 0J1N)HEDANS101450 BY CONTRACTOR MARTIN DESCRIPTION BSA CI )EA EA LP SELF EXCAVATPN ARO BAUFILLUNCIASSIFED 12. PWC PIPE. C.90 REMOVE PLUG 12,12. TAPPING SUEVE AND VALVE 1. GATE VALVE B34ATE VALVE VALVE BOX 3-2.WAY FINE HYOANT ASSEM%Y 12' 12. -BEND 12. OS• BEND 13' 411• VERTICAL BEND NT ANO BRUCE ER COW OU »NEL N ER REMOVE AND REDUCE EX CNC DRIVES (WHOLE PANELS) OTY STANG. SHEETS: 0 HYDRANT. VALVE BON L Va ALUSTAIGTS CAGING1 GR,FNrKVE, CONNECTIONS & T111.AVE MORN LO SERVICE Di1NFTAx 1 OTHNERAL ERS FLLCO 50IPMETEETRDELPPLE MENC4 0L L PAVEMENT REPAIR DETAILS, FLOC CONNECT,. B TEP. VALVE LAYOUT Public Improvements q,nner1� New we The Icon at Corpus Christi Carpus Christi, Texas •" Mae Walelite Pion and Prole PU3 TI B 1 Cr LAND PLANNING I LAND SURVEYING 1 CIVIC ENGINEERING Tanner Consulting LLC DAN E. TANNER, PE Email: Dan@TannerBaitShop.Com 5323 SOUTH LEWIS AVENUE TULSA OKLAHOMA 74105-6539 P: 918.745.9929 Tanner Consulting, LLC Fax: 918-745-9969 Tx Registration no. F-4367 Exp 12/31/2015 Engineer's Estimate for WATER REIMBURSEMENT Legal Description: Lot1, Block 1, The Vineyards Unit Four The Icon At Corpus Christi 6901 Saragtoga Blvd - SEPTEMBER 30, 2014 Item Description Quantity Unit Unit Cost Extension Erosion Control (Non -Reimbursable by City) 1. Sediment Basin Maintenance 1 EA $ 1,631.07 $ 1,631.07 2. Stabilized Construction Entrance 1 EA $ 1,631.07 $ 1,631.07 3. Silt Fence (Along East and South Boundaries) 1,600 LF $ 2.28 $ 3,653.59 4. Inlet Protection 42 EA $ 48.93 $ 2,055.15 SUBTOTAL $ 8,970.87 Item Description Quantity Unit Unit Cost Extension Site Grading (Non -Reimbursable by City) 1. Clearing and Grubbing 13.50 AC $ 652.43 $ 8,807.77 2. Strip 5" Topsoil and Unclassified Excavation 9,076 CY $ 5.68 $ 51,514.88 3. Stockpile -Pile and Leave Topsoil Onsite 1 LS $ 2,398.54 $ 2,398.54 4. Common Excavation (Contractor to Calculate Qty) 24,875 CY $ 3.10 $ 77,088.35 5. Building Pads (Undercut 24" and Import Fill) 9,216 CY $ 9.13 $ 84,178.77 SUBTOTAL $ 223,988.30 Item Description Quantity Unit Unit Cost Extension Shared Access (Non -Reimbursable by City) 1. Fine Grading (to 24" behind curb) 1,185 SY $ 0.72 $ 850.44 2. 8" Lime Stabilized Subgrade (to 24" behind curb) 1,185 SY $ 3.91 $ 4,638.76 3. 2" Hot Mix Asphalt 874 SY $ 0.26 $ 228.09 4. 6" Reinforced Concrete (Apron at Saratoga Blvd) 111 SY $ 27.40 $ 3,041.62 5. 8" Limestone Base 985 SY $ 24.96 $ 24,581.01 6. 6" Concrete Barrier Curb & Gutter 497 LF $ 7.67 $ 3,810.01 Exhibit 4 SUBTOTAL $ 37,149.92 Page 1 of 5 Item Description Quantity Unit Unit Cost Extension On -Site Paving (Non -Reimbursable by City) 1. Fine Grading (to 12" behind curb) 22,650 SY $ 0.72 $ 16,255.22 2. 8" Lime Stabilized Subgrade (to 12" behind curb) 22,650 SY $ 3.91 $ 88,664.85 3. 5" Asphalt 19,829 SY $ 11.52 $ 228,441.50 4. 6" Reinforced Concrete (Apron at Saratoga Blvd) 101 SY $ 27.40 $ 2,767.60 5. 8" Limestone Base (Apron at Saratoga Blvd) 101 SY $ 24.96 $ 2,520.49 6. 6" Reinforced Concrete (at Trash Areas) 275 SY $ 27.40 $ 7,544.67 7. 4" Aggregate Base (at Trash Areas) 275 SY $ 8.14 $ 2,241.43 8. 6" Concrete Barrier Curb & Gutter 6,973 LF $ 7.67 $ 53,455.15 SUBTOTAL $ 401,890.91 Item Description Quantity Unit Unit Cost Extension On -Site Storm Drainage (Non -Reimbursable by City) 1. Excavation & Backfill, Unclassified 2,031 CY $ 2.65 $ 5,390.27 2. 30" HDPE 287 LF $ 114.12 $ 32,753.01 3. 24" HDPE 438 LF $ 91.56 $ 40,104.59 4. 18" HDPE 901 LF $ 72.99 $ 65,759.49 5. 15" HDPE 1,322 LF $ 63.70 $ 84,206.11 6. 12" HDPE 1,181 LF $ 39.81 $ 47,015.61 7. 30"End Section 2 EA $ 2,919.40 $ 5,838.80 8. 24"End Section 1 EA $ 2,919.40 $ 2,919.40 9. 18"End Section 2 EA $ 2,919.40 $ 5,838.80 10. Concrete Splash Pad at Endsections 5 EA $ 2,919.40 $ 14,597.00 11. Std 4' ID Manhole 2 EA $ 2,919.40 $ 5,838.80 12. Std DGDI Curb Inlet (2 Grate) 11 EA $ 3,450.20 $ 37,952.20 13. Std 2 Grate Sump Inlet (in Paving) 10 EA $ 3,450.20 $ 34,502.00 14. Nyloplast 18" Inline Drain (in grass areas) 17 EA $ 1,061.60 $ 18,047.20 15. Nyloplast 24" Inline Drain (in grass areas) 4 EA $ 1,194.30 $ 4,777.20 16. Nyloplast Junction (in grass areas) 1 EA $ 995.25 $ 995.25 SUBTOTAL $ 406,535.74 Item Description Quantity Unit Unit Cost Extension On -Site Sanitary Sewer (Private) (Non -Reimbursable by City) 1. Excavation & Backfill, Unclassified 3,816 CY $ 3.15 $ 12,020.40 2. 8" PVC Pipe, SDR26 2,380 LF $ 111.83 $ 266,154.68 3. Std 4' ID Manhole 10 EA $ 3,465.00 $ 34,650.00 4. Std 4' ID MH Additional Depth (Over 6') 45 VF $ 299.25 $ 13,466.25 5. 8"x8"x4" Tee 28 EA $ 275.63 $ 7,717.50 Exhibit 4 SUBTOTAL $ 334,008.83 Page 2 of 5 Item Description Quantity Unit Unit Cost Extension Off -Site Sanitary Sewer (Public) (Non -Reimbursable by City) 1. Excavation & Backfill, Unclassified 416 CY $ 2.00 $ 832.00 2. 8" PVC Pipe, SDR26 149 LF $ 71.00 $ 10,579.00 3. Std 4' ID Manhole 2 EA $ 2,200.00 $ 4,400.00 4. Std 4' ID MH Additional Depth (Over 6') 25 VF $ 190.00 $ 4,750.00 5. Connect to existing sanitary main 1 EA $ 175.00 $ 175.00 SUBTOTAL $ 20,736.00 Item Description Quantity Unit Unit Cost Extension On -Site Water Mains (Non -Reimbursable by City) 1. Excavation & Backfill, Unclassified 1,118 CY $ 2.72 $ 3,042.27 2. 8" PVC Pipe, C-900 3,022 LF $ 96.56 $ 291,804.32 3. 12"x12" x 8" Tapping Sleeve & Valve 2 EA $ 6,120.00 $ 12,240.00 4. 8" Gate Valve 11 EA $ 1,496.00 $ 16,456.00 5. 6" Gate Valve 9 EA $ 1,292.00 $ 11,628.00 6. Valve Box 22 EA $ 163.20 $ 3,590.40 7. 3 -Way Fire Hydrant Assembly 11 EA $ 3,808.00 $ 41,888.00 8. 6" PVC Pipe (3 FH Leaders) 26 LF $ 32.64 $ 848.64 9. 8"x 8" x 6" Tee 11 EA $ 476.00 $ 5,236.00 10. 8" 90 degree Bend 2 EA $ 476.00 $ 952.00 11. 8" 45 degree Bend 5 EA $ 476.00 $ 2,380.00 12. 8" 22.5 degree Bend 6 EA $ 476.00 $ 2,856.00 13. 8" 11.25 degree Bend 2 EA $ 476.00 $ 952.00 SUBTOTAL $ 393,873.63 Exhibit 4 Page 3 of 5 Item Description Quantity Unit Unit Cost Extension OFFSITE WATER ITEMS (FOR CITY REIMBURSEMENT) 1. Remove and replace ex conc drives 58 LF $206.90 $12,000.20 2. Cut and Replace Channel Liner in-kind 42 LF $165.95 $6,969.90 3. Excavation and Backfill, Unclassified 688 CY $38.90 $26,763.20 4. 8 -Inch PVC Pipe C-690 1,853 LF $17.68 $32,761.04 5. Remove Plug 1 EA $400.00 $400.00 6. 12" x 8" Tapping Sleeve and Valve 1 EA $7,665.00 $7,665.00 7. 8" x 8" x 6" Tee 5 EA $651.43 $3,257.15 8. 8" 90 Bend 1 EA $680.00 $680.00 9. 8" 45 Bend 4 EA $350.00 $1,400.00 10. 8" 45 Vertical Bend 4 EA $357.50 $1,430.00 11. 8" Gate Valve 6 EA $3,003.75 $18,022.50 12. 6" Gate Valve 7 EA $1,500.00 $10,500.00 13. 3 -Way Fire Hydrant with 12"x12"x6" Tee 5 EA $5,800.00 $29,000.00 14. Standard Valve Box 12 EA $193.75 $2,325.00 SUBTOTAL Total Construction Engineering Cost 8% TOTAL $153,173.99 $1,980,328.19 $158,426.26 $2,138,754.45 Exhibit 4 Page 4 of 5 i Cr Tanner Consulting LLC LAND PLANNING LAND SURVEYING CIVIL ENGINEERING LAND PLANNING 1 SURVEYING CIVIL ENGINEERING DAN E. TANNER, PE Email: Dan@TannerBaitShop.Com 5323 SOUTH LEWIS AVENUE TULSA OKLAHOMA 74105-6539 P: 918.745.9929 Tanner Consulting, LLC Tx Registration no. F-4367 Exp 12/31/2015 Legal Description: Lot1, Block 1, The Vineyards Unit Four The Icon At Corpus Christi 6901 Saragtoga Blvd - SEPTEMBER 30, 2014 Fax: 918-745-9969 Item Description Quantity Unit Unit Cost Extension OFFSITE WATER ITEMS (FOR CITY REIMBURSEMENT) 1. Remove and replace ex conc drives 58 LF $206.90 $12,000.20 2. Cut and Replace Channel Liner in-kind 42 LF $165.95 $6,969.90 3. Excavation and Backfill, Unclassified 688 CY $38.90 $26,763.20 4. 8 -Inch PVC Pipe C-900 1,853 LF $17.68 $32,761.04 5. Remove Plug 1 EA $400.00 $400.00 6. 12" x 8" Tapping Sleeve and Valve 1 EA $7,665.00 $7,665.00 7. 8" x 8" x 6" Tee 5 EA $651.43 $3,257.15 8. 8" 90 Bend 1 EA $680.00 $680.00 9. 8" 45 Bend 4 EA $350.00 $1,400.00 10. 8" 45 Vertical Bend 4 EA $357.50 $1,430.00 11. 8" Gate Valve 6 EA $3,003.75 $18,022.50 12. 6" Gate Valve 7 EA $1,500.00 $10,500.00 13. 3 -Way Fire Hydrant with 12"x12"x6" Tee 5 EA $5,800.00 $29,000.00 14. Standard Valve Box 12 EA $193.75 $2,325.00 SUBTOTAL Engineering Cost 8% TOTAL OFFSITE REIMBURSEMENT (50%) LESS ACREAGE FEE VALUE TOTAL AMOUNT REIMBURSABLE $153,173.99 $12,253.92 $165,427.91 (82,713.95) (22,520.35) 60,193.60 Exhibit 4 Page 5 of 5 lamoW City of Corpus Christi 0R-t-,11.JAL DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469.9277 (361) 826.3240 Located at2406 Leopard Street (Comer of Leopard St. and Port Ave ) 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 gJestion must be answered. If the question is not applicable, answer with "NA". �r NAME: - r 0 at ear, 1044 Ch,.,ST� L;MaTeJ Ar. 71 -)Le Al t? STREET: 2?C) l Sart-{/2 CITY: Core's Ck r , aco ZIP: 7 8 `f!'( FIRM is: ❑ Corporation El'artnership El Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name �� Job Title and City Department (if known) t( j e 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". N) Name .. " Title 00S 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name `r Board, Commissio dor Committee j\JoJG Al •1 /v 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name u (1 Consultant �y 0 wJ j� A CERTIFICATE 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: M I L Lae 1OTC (Print) Signature of Certifying Person: r Title: &ea. v • P. b‘ 6.P. Date: Clitia t� K 1DEVELOPMENTSVCSISHAR[IXAND DEVEi.OPMEV ORDINANCE ADMINISTRATIONlAPPLICATION FORMDFORMS AS rER [EGALV0I21/1SCLOSURE OF ERESTS Page 1 of 2 STATEMENT! 27 12. DOC Exhibit 5 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. "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. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership 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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. K SDEVELOPMENTSVCSSFIARF175LAND DEVELOPMENI\ORDINANCE ADMTNISTRATIOIMPPLICATION FORMSLFORMS AS PER LEGAL,20120ISCLOSURE OF INTERESTS STATEMENT1.2712DOC Exhibit 5 Page 2 of 2 ADDENDUM A INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in 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 replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Page2of3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page3of3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 21, 2014 Second Reading for the City Council Meeting of October 28, 2014 DATE: September 23, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of a Participation Agreement with Developer and Reimbursement of $277,894.42 for the City's cost of North Oso Parkway CAPTION: Ordinance authorizing the City Manager to execute a developer participation agreement with Palm Land Investment, Inc., ("Developer"), to reimburse the Developer up to $277,894.42 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. PURPOSE: The purpose of this item is to reimburse Palm Land Investment, Inc., for constructing the City's share of extending North Oso Parkway to the developer's property which is located east of Rodd Field Road, north of Brooke Road and south of Cedar Springs Road. BACKGROUND AND FINDINGS: The developer, Palm Land Investment, Inc., is developing the first phase of a single- family residential subdivision named Cayo Del Oso Subdivision, Section I. The subdivision is located east of Rodd Field Road, north of Brooke Road and south of Cedar Springs Road. Cayo Del Oso Subdivision, Section I will contain 70 single-family residential lots. The Planning Commission approved the plat for Cayo Del Oso Subdivision, Section I on December 4, 2013. The participation agreement is for the half - street construction of North Oso Parkway, including the required extra thickness of the asphalt on North Oso Parkway and offsite street construction of North Oso Parkway. The developer will be reimbursed for the City's share of the cost to construct the improvements in accordance with the Unified Development Code. ALTERNATIVES: Denial of the Participation Agreement. Denial of the ordinance appropriating $277,894.42. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding North Oso Parkway for a new subdivision required by the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital X Bond 2012 Fund(s): 3701-0000-550910 Comments: Balance reflects amount for King Estates Unit 4 participation agreement. RECOMMENDATION: Staff recommends approval of the participation agreement as presented. Staff recommends approval of the appropriation ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Participation agreement Ordinance Project to Date Fiscal Year: 2014- Expenditures Current Future 2015 (CIP only) Year Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 $387,313.47 $598,563.12 This item $277,894.42 $277,894.42 BALANCE $538,750.35 $834,792.11 $750,000.00 $2,123,349.48 Fund(s): 3701-0000-550910 Comments: Balance reflects amount for King Estates Unit 4 participation agreement. RECOMMENDATION: Staff recommends approval of the participation agreement as presented. Staff recommends approval of the appropriation ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Participation agreement Ordinance ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH PALM LAND INVESTMENT, INC., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $277,894.42 FOR THE CITY'S SHARE OF THE COST TO EXTEND NORTH OSO PARKWAY, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement") with Palm Land Investment, Inc., ("Developer"), for the CITY's portion of the cost of North Oso Parkway, including all related appurtenances, for development of Cayo Del Oso Subdivision, Section I, Corpus Christi, Nueces County, Texas. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and Palm Land Investment, Inc., ("Owner"), a Texas corporation. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 23.41 acres, of land situated in Lots 9,10,11, 5A, 6A and 7A Section 26 of the Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Cayo Del Oso Subdivision, Section I ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway extending from its current terminus, approximately 200 feet from Cedar Springs Road, for a distance of approximately 1,614 feet as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Govemment Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $277,894.42. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY Palm Land Investment Inc-Cayo Del Oso Subdivision Section I Participation Agmt vFinal Page 2 of 7 Standard Form Participation Agreement 1.0 4.10.14 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF CAYO DEL OSO SUBDIVISION, SECTION I, DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. Palm Land Investment Inc-Cayo Del Oso Subdivision Section I Participation Agmt vFinal Page 3 of 7 Standard Form Participation Agreement 1.0 4.10.14 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Palm Land Investment Inc-Cayo Del Oso Subdivision Section 1 Participation Agmt vFinal Page 4 of 7 Standard Form Participation Agreement 1.0 4.10.14 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the Citv: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street / 78401 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: If to the Owner: Palm Land Investment, Inc. Attn: Dan Caballero 5949 La Costa Corpus Christi, Texas 78414 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, retum receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be November 18, 2016. (EXECUTION PAGES FOLLOWS) Palm Land Investment Inc-Cayo Del Oso Subdivision Section I Participation Agmt vFinal Page 5 of 7 Standard Form Participation Agreement 1.0 4.10.14 EXECUTED in one original this day of , 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: Julian Grant Assistant City Attomey OWNER: Palm Land Investment, Inc. 0-f - Dan Caballero Date President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Dan Caballero, President, Palm Land Investment, Inc., a Texas corporation, on behalf of said corporation. JUAN C LUGO My Commission Expires October 15, 2017 Palm Land Investment Inc -Gaya Del Oso Subdivision Section I Participation Agmt vFinal Standard Form Participation Agreement 1.0 4.10.14 Page 6 of 7 NER: Palm Land Investment, Inc. ari• E. Caballero Vice President STATE OF TEXAS COUNTY OF NUECES § /0/%0/004 Date This instrument was acknowledged before me on Maria E. Caballero, Vice President, Palm Land Investme behalf of said corporation. JUAN C LUGO My Commission Expires October 15, 2017 ®G -o L [rL 0 ,2O14,by c., a Texas corporation, on Palm Land Investment Inc-Cayo Del Oso Subdivision Section I Participation Agmt vFinal Page 7 of 7 Standard Form Participation Agreement 1.0 4.10.14 5011TH FORK J / / / / / / / / / / / / / / / EA EAEN AB GH Eff UX ' • �HRISTI/ 3. 9994 # 772 OR CT / / / XS 82 81 - 80 / / / / / / FOUND IRON ROD -1 7 / • PARK LOT 1, BLOCK 8 SOUTH FORK SUBDIVISION UNIT 2 79 Co N6) /0 1 • 70 71 72 73 SDIVISION UNIT 2 m 5161°15 •4 50.00 74 10' UE co UZ E Q J SOUTH FORK IT 5 11 20' YR 10 9 BRUSH CREEK DR. (50' R.O.W. 8 20' -YR 7 7.5' UE 7.5' UE 5 6 20 - �J WHITE DOVE DR. (507-R.O.W.) 20' YR 15 7.5' UE 16 5' UE Is 1 CV . FOUND IRON ROD 1. 5' UEJ rO N a WCN ' Nq2. 3 /0/ /. >>E /4.) Si 4 1h . r N59°07'08'x' 1 ar Im 116.75' o - 5 I h1 1 N61°31 '58'11 >'I c, 110.13' loo 12.39' Ib m 6 lal N61°31'58'1• �I ,L. 109.88' c\1 Io 7 Ri21 Z b O N61 °31 '58'1 ' 10 109.88' ��a 10 1� 8 N _ N61'18'39'11' Q - -' 109.72' j, 1 9 148.95' 5' UE N N1 `)/''; 10 / I N61.18'39'1 y 127.79 '-' 12 l0 111N- 1 j`o 1 N -N70°44'45 IV �. 122.00 12 4 13 I h ° 121.72' 11 0: !(./ / ,�`\\ 47 .411`./ EUSEBIO GARZA, III SUBSTITUTE TRUSTEE TO CITY OF CORPUS CHRISTI, TEXAS AUG. 30, 1995 1.146 ACRES DOC. # 976523 ORNCT (050 PARKWAY EXTENSION) Ste, N82°47'21 r 38.99' S31.26'19'E 35.09' 44 1�/ 10760, 1O //58.38'36'E . 1`` 10.00' ;1 ioj 5 X01 •:N61°31'58"1' pwP N N •� N •W o w o m N U N 04 '5.0d' 110.00' I ``°i 6 Ih •� i of sl I�Iti 7 CV Ike W61°31'58'1 1 110.00' V O I I citi 8 -1'.1 N61°31'58 , � 111.46' 0 9 ,I co, N61°31'58'1 ' 125.05'• I •d,\ • co ‘P -N 0 Q. � 4).„.„ 2 'lir_ `r- cgs k \ \,NO_ \ ,. •^� . , \ L`; 82°47'21'1 i ' ,� yi ) k5) `c \ '\52.98' / \!, F9s7 109 9F44, .iv ( PIRATES IS) o DRIVE ,19.77' // 10 I N61°31'58 'W 14 145.83' 50.79' 60.00 11 r 1 - h 137 I^ 444 I^ 21 0 IL hJ "70.50'1‘ / 5 16)\ ;\ /. \ '3-2;19' -d,. WETLANDS 33,735 S. F. BLOCK 3 N PRIVATE PARK / 4 \16, / , . AA 10 / of • �, ) L 1 (p �, �4n+� ��• �_ ti ;Aa'� ‘%` .\\4- 4V �Ocq ,/ c0 19 $ tn1\0� YR / ! N ,$o0 / a 561°18'"E 5' UE 108.6439' 20 • • LIE 65,00, 13 46.64' Q • �` / \ S1'�,� *"..•;•. q,6• 57,167 S. F. a \ / 92,, Sy,, F ,'-- 0' 50' 100' 200' LEGEND DRNCT MRNCT ORNCT R.O.W. IIE YR DEED RECORDS, NUECES COUNTY, TEXAS MAP RECORDS, NUECES COUNTY, TEXAS OFFICIAL RECORDS, NUECES COUNTY, TEXAS RIGHT OF WAY UTIL I TY EASEMENT YARD REOUIRE4ENT * "NO BUILD ZONE' INCLUDES FENCES. MINIMUM NATURAL GROUND ELEVATION AT THE LOT SIDE OF" THE °N0 BUILD ZONE' LINE TO BE ELEVATION 10.50' OR ABOVE (1988 DATUM) BASED ON AN 'X" CHISELED IN DOWNSTREAM HEADWALL OF BOX CULVERT AT THE BROOKE ROAD - COUNTY ROAD 78 INTERSECTION BEING ELEVATION 9.24, 1988 DATUM (ELEVATION 9.77, 1929 DATUM). C. 8. SLABAUGH AND JANE E. SLABAUGH TO GINRAN, L.L.C. AUG. 13, 1997 DOC. # 1997041713 ORNCT /'4 PARK AREA t-,\ NOT IN WETLANDS: /.A Co / 15 ti 47' NO BUILD' ZONE I S 68°55'21,// E 267.34 127.18 140.16' 14.13i-- .1'1;. 4 AGF. °,�1oa T \ / J \. 2 LOT LINE 6 PROPERTY LIN£ _ - ---rt:-.:-By8L-O:460 .7. ,t' 6 al Ik CO_ 3 25 24 N61°18'39'11 311.09' 561•18/39"E 290.24' 17 YR 18 1 UE 44-1 19 20 CI 21 DOVE HOLLOW DR. UE BY DOCUAENT NO. /04 N61`18/391Y 605.00' 51 Sj .62. CURVE DELTA RADIUS ARC CHORD BEARING CH. LGTH. CURVE DELTA CD CD 01°39'23" 86°49'30" 02°39'03" 09°42'30" 568.39' 15.00' 15.00' 568.39' 15.00' 15.00' 15.00' 15.00' 15.00' 15.00' 646.00' 16.43' 22.40' 26.92' 112.18' 23.99' 22.86' 217.18' 23.56' 26.19' 22.87' 23.56' 138.33' 15°52'09" 28°08'29" 40°25'50" 70.52' 16.43' CED 20.37' CD 23.45' 21.51' 20.71' 21.21' 95.79' 21.21' 21.21' 85°14'04" 22°15'20" 58°09'27" 30°10'35" 258°48'37" L AND L FAMILY PARTNERSHIP, LTD. a/k/a L L FAMILY PARTNERSHIP, L70. TO PALM LAND INVESTAENT, INC. FEB. 20, 2012 60.54 ACRES DOC. NO. 2012011143 ORNCT RADIUS ARC CHORD BEARING CH. LGTH. 213.19' 50.00' 125.00' 10.00' 214.28' 263.19' 253.19' 160.83' 41.00' 22.31' 167.65' 295.21' 159.68' 88.15' 108.88' 17.44' 140.82' 17.44' 126.87' 15.71' 108.94' 53.42' 43.05' 275.54' 43°33'19" 40°29'30" 79°09'06" 89°36'34" 71°29'50" 87°56'23" 20.81' 167.18' 157.84' 108.11' 17.16' 17.16' 121.49' 14.14' 108.17' 131.81' 53.17' 41.10' 94.27' 26 * r7* , et4;4;',?::5,,, <',, VICINITY MAP FLOUR BLUFF ENCINAL FARM 4 GARDEN TRACTS IRNCT /I LOT V LINE • C. B. SLABAUGH ET 11X TO NUECES COUNTY, TEXAS DEC. 22, 1986 23.9 ACRES VOL. 2041, PGS. 312-315 DRNCT \c' 1 4 --,-,',5g,,,...\ ,, °yr \ 6 560°32'01'1W 55.10' N04°34110T 22.65' UDZ CO 20'- N04°34/10T 50.00' LIE BY DocuAoir NO. 5 2 CURVE CD CD QED DELTA 29°19'56" 05°02'26" 82°38'29" 47°09'26" 49°53'08" 01°13'38" 13°20'02" RADIUS 110.83' 28.00' 28.00' 254.12' 958.07' 908.07' 10.00' 10.00' 204.12' 50.00' 958.07' ARC 74.47' 14.33' 209.16' 14.42' 16.99' 168.00' 131.72' CHORD BEARING N 61°57'24" E S 65°30'08" W N 74°53'21" W N 35°16'49" W N 26°22'04" W N 00°16'06" W S 00°18'55" W S 44°06'35" E S 26°22'05" E S 74°53'20" E S 02°51'23" W CH. LGTH 73.07' 14.18' 81.13 14.16 203.30 84.26 98.30 15.02/PLANNING COMMISSION 42.17' 20.52' 131.42' DEC 4 2013 37.50' 11 NOV 1 1 2013 fTEAPORARY RIGHT -OF -MAY EASEMENT • 531 20' LIE BY DOCNENTIM BEING 23.41 ACRES OF LAND SITUATED IN LOTS 9, 10. 11, 5A, 6A AND 7A, SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOLUME A, PAGE 41 THROUGH PAGE 43 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. SCALE: 1"= 100' DATE: 08-22-13 APPROVED BY: A.C. FRANKSON DRAWN BY: M3 JOB NO: 12-082 BALUSEK-FRANKSON 308 E. GOODWIN AVE., VICTORIA, TEXAS (361)578-9956 F I NAL PLAT SHEET NO. Exhibit 1 Page 1 of 2 NAME ACREAGE DATE DOCUMENT # 0 ROBERT H. VAUGHN ET UX O. 053 JULY 3, 1996 1996026196 0 MICHAEL A. ESPARZA ET UX 0.052 JULY 3, 1996 1996026197 0 BRADLEY A. FALDET ET LIX O. 069 JULY 3, 1996 1996026198 0 CELESTE K . MEYER O. 069 JULY 3, 1996 1996026199 0 RONALD A. VOSS, JR. ET UX O. 080 JULY 3 , 1996 1996026200 CURVE CD CD QED DELTA 29°19'56" 05°02'26" 82°38'29" 47°09'26" 49°53'08" 01°13'38" 13°20'02" RADIUS 110.83' 28.00' 28.00' 254.12' 958.07' 908.07' 10.00' 10.00' 204.12' 50.00' 958.07' ARC 74.47' 14.33' 209.16' 14.42' 16.99' 168.00' 131.72' CHORD BEARING N 61°57'24" E S 65°30'08" W N 74°53'21" W N 35°16'49" W N 26°22'04" W N 00°16'06" W S 00°18'55" W S 44°06'35" E S 26°22'05" E S 74°53'20" E S 02°51'23" W CH. LGTH 73.07' 14.18' 81.13 14.16 203.30 84.26 98.30 15.02/PLANNING COMMISSION 42.17' 20.52' 131.42' DEC 4 2013 37.50' 11 NOV 1 1 2013 fTEAPORARY RIGHT -OF -MAY EASEMENT • 531 20' LIE BY DOCNENTIM BEING 23.41 ACRES OF LAND SITUATED IN LOTS 9, 10. 11, 5A, 6A AND 7A, SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOLUME A, PAGE 41 THROUGH PAGE 43 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. SCALE: 1"= 100' DATE: 08-22-13 APPROVED BY: A.C. FRANKSON DRAWN BY: M3 JOB NO: 12-082 BALUSEK-FRANKSON 308 E. GOODWIN AVE., VICTORIA, TEXAS (361)578-9956 F I NAL PLAT SHEET NO. Exhibit 1 Page 1 of 2 Exhibit 1 Page 2of2 412., 0 r si ,c / 82/\ h \81cr 4▪ c 80 . a --79 a 4 78 77 1� PO 70 75 — t �� rrgro 4111.161%irON 8 WI Pr 1, 7 .17 .1 kiEi 5 CY. 2 7 REWIRING 37.87 ACRES o 1 —I 60.54A� ra4cr C. 8. SLABALI N AND JAM' E. SLABALIGN TO CINRAN. L.L.C. AUG. 13, 799? GOC. a, 1997047713 ORNCT Exhibit 2 OFFSITE STREET PARTICIPATION LAYOUT FOR OSO PARKWAY ADJACENT TO CAYO DEL OSO SUBDIVISION. SECTION I SCALE: 1" = 200' Page 1 of 3 82 y¢� 4-1 X81 `(.• 0 1 a %%4 t • a5 79 7B 7 76 II 75 — 7- IA No a 5 4 tria 3 2 8 7 C4,Q Ye 4`rl (off. C. B. SL ABAUGH AND JANE E. SL ABAUGN GINRAN. L.L.C. AUG. 13. 1997 DOC. 1NCT997041713 OR cko 4c- ercte, Iv It? 1.154 REMAINING 37.81 ACRES OUT Of 60.54 ACRE TRACT Exhibit 2 OFFSITE STREET PARTICIPATION LAYOUT CAYO DEL OSO SUBDIVISION. SECTION I SCALE: 1" = 200` Page2of3 4'64. 'rrO� Sr dpr4 O 4, 81 V p'4hter =!p%S'�1�• 79 h N 78 oi t4, -77 75 —7 5 � r B.4:4 7 g h •U. s War' 5 4 ,�• - 13 3 -27 REMAINING 37.81 ACRES - 1 60.94A� TRAGI 4 C. 8. SLABAUGH ANO JANE E. SLABAUGN OMAN. L.L.C. AUG. 13. 1997 00E. #197041713 w f qk 'tip 44. O v 44, ce Exhibit 2 STREET PARTICIPATION LAYOUT CAYO DEL OSO SUBDIVISION. SECTION I SCALE: i' = 200' Page 3 of 3 CONSTRUCTION ESTIMATE FOR CAYO DEL OSO SUBDIVISION SECTION 1 Engineer: Balusek-Frankson Firm No.: 9183 Client: Palm Land Investment, Inc. Dan Caballero, President By: A.C. Frankson, P.E. Date: June 27, 2014 Legal Description: Being a portion of Lots 5A, 6A, 10 & 11, Section 26 of The Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 - 43 of the Map Records of Nueces County, Texas, same being a portion of that 1.146 acre tract of land conveyed to the City of Corpus Christi, Texas by Eusebio Garza III, Substitute Trustee by deed dated August 30, 1995 by Document No. 976523 and a portion of that 60.54 acre tract of land conveyed to Palm Land Investment, Inc. by L & L Family Partnership, Ltd. by Correction Deed dated February 20, 2012 by Document No. 2012011143, both recorded in the Official Records of Nueces County, Texas. 12-082 Job No: DESCRIPTION UNIT QUANTITY PRICE I AMOUNT WASTEWATER COLLECTION SYSTEM 10" Sanitary Sewer Line (8' — 10' deep) LF 433. $38.00 $16,454.00 10" Sanitary Sewer Line (10' — 12' deep) LF 1,255. $40.00 $50,200.00 10" Sanitary Sewer Line (12' — 14' deep) LF 1,242. $42.00 $52,164.00 8" Sanitary Sewer Line (Less than 6' deep) LF 662. $28.00 $18,536.00 8" Sanitary Sewer Line (8' — 10' deep) LF 324. $32.00 $10,368.00 8" Sanitary Sewer Line (10' — 12' deep) LF 271. $34.00 $9,214.00 Sanitary Sewer Manhole (Less than 6' deep) Ea. 3. $3,300.00 $9,900.00 EXHIBIT 3 Page 1 of 8 Job No.: 12-082 Construction Estimate Cayo Del Oso Subdivision, Section 1 Page 2 DESCRIPTION UNIT QUANTITY PRICE AMOUNT Sanitary Sewer Manhole (6' — 8' deep) Ea. 2. $3,500.00 $7,000.00 Sanitary Sewer Manhole (8' — 10' deep) Ea. 1. $3,700.00 $3,700.00 Sanitary Sewer Manhole (10' — 12' deep) Ea. 1. $3,900.00 $3,900.00 Sanitary Sewer Manhole (12' — 14' deep) Ea. 2. $4,100.00 $8,200.00 Sanitary Sewer Drop Manhole (8' — 10' deep) Ea. 1. $3,850.00 $3,850.00 Sanitary Sewer Drop Manhole (10' — 12' deep) Ea. 2. $4,150.00 $8,300.00 Sanitary Sewer Drop Manhole (12' — 14' deep) Ea. 2. $4,300.00 $8,600.00 Sanitary Sewer Manhole - adjust rim elevation Ea. 1. $600.00 $600.00 Sanitary Sewer Clean-out Ea. 2. $300.00 $600.00 Sanitary Sewer Plug Ea. 1. $300.00 $300.00 4" Short Sanitary Sewer Service (Less than 8' deep) Ea. 18. $600.00 $10,800.00 4" Short Sanitary Sewer Service (More than 8' deep) Ea. 23. $800.00 $18,400.00 4" Long Sanitary Sewer Service (Less than 8' deep) Ea. 14. $1,500.00 $21,000.00 4" Long Sanitary Sewer Service (More than 8' deep) Ea. 14. $1,600.00 $22,400.00 6" Long Sanitary Sewer Service (Less than 8' deep) Ea. 1. $800.00 $800.00 Trench Safety LF 4,187. $4.00 $16,748.00 Sub -Total Wastewater Collection System $302,034.00 EXHIBIT 3 Page 2 of 8 Job No.: 12-082 Construction Estimate Cayo Del Oso Subdivision, Section 1 Page 3 WATER DISTRIBUTION SYSTEM Connect to Existing 8" Dia. Water Line Ea. 1. $500.00 $500.00 8" Dia. Water Line LF 2,107. $24.00 $50,568.00 6" Dia. Water Line LF 2,657. $20.00 $53,140.00 8" Gate Valve Ea. 7. $1,200.00 $8,400.00 6" Gate Valve Ea. 8. $1,050.00 $8,400.00 8" x 8" x 8" Tee Fitting Ea. 1. $550.00 $550.00 8" x 8" x 6" Tee Fitting Ea. 5. $525.00 $2,625.00 6" x 6" x 6" Tee Fitting Ea. 2. $480.00 $960.00 8" x 45° Bend Fitting Ea. 1. $450.00 $450.00 6" x 90° Bend Fitting Ea. 1. $425.00 $425.00 6" x 45° Bend Fitting Ea. 1. $350.00 $350.00 6" x 22 1/2° Bend Fitting Ea. 1. $350.00 $350.00 6" x 11 1/4° Bend Fitting Ea. 2. $350.00 $700.00 8" x 6" Reducer Ea. 1. $350.00 $350.00 8" Dia. Cap Ea. 1. $350.00 $350.00 6" Dia. Cap Ea. 2. $325.00 $650.00 Fire Hydrant Assembly (includes 8" x 8" x 6" Tee. 6" gate valve & lead) Ea. 1. $3,650.00 $3,650.00 Fire Hydrant Assembly (includes 6" x 6" x 6" Tee. 6" x 90° Bend Fitting. 6" gate valve & lead) Ea. 3. $3,900.00 $11,700.00 Fire Hydrant Assembly (includes 6" x 6" x 6" Tee. 6" gate valve & lead) Ea. 2. $3,500.00 $7,000.00 Short Double Water Service Ea. 11. $850.00 $9,350.00 Short Single Water Service Ea. 4. $550.00 $2,200.00 Long Double Water Service Ea. 21. $1,500.00 $31,500.00 Long Single Water Service Ea. 2. $1,200.00 $2,400.00 Sub -Total Water Distribution System $196,568.00 EXHIBIT 3 Page 3 of 8 Job No.: 12-082 Construction Estimate Cayo Del Oso Subdivision, Section 1 Page 4 STREETS & DRAINAGE Demolition LS 1. $1,000.00 $1,000.00 Excavation LS 1. $75,000.00 $75,000.00 Site Grading SY 110,377 $1.00 $110,377.00 Curb & Gutter LF 8,496. $16.50 $140,184.00 Sidewalk SF 47,247. $5.50 $59,858.50 TYPE A ROADBED STRUCTURE (OSO PARKWAY) Excavation, Grading & Compaction (Measured 2' behind curb to 2' behind curb) SY 8,805. $6.25 $55,031.25 11" Thick Flexible Base (Measured lip to lip of gutter) SY 7,366. $22.50 $165,735.00 7 1/2" Thick Flexible Base (Measured under curb and gutter and 2' behind curb) SY 1,439. $16.50 $23,743.50 Tensor TX5 Geotextile Fabric (Measured 2' behind curb to 2' behind curb) SY 8,805. $6.85 $60,314.25 Prime Coat SY 7,366. $2.25 $16,573.50 Hot Mix Asphaltic Concrete Pavement (4" thick) (min. 440 lbs/sy) SY 7,366. $24.75 $182,308.50 TYPE B ROADBED STRUCTURE (ALL STREETS EXCEPT OSO PARKWAY) Excavation, Grading & Compaction (Measured 2' behind curb to 2' behind curb) SY 10,363. $3.60 $37,306.80 6" Thick Flexible Base (Measured lip to lip of gutter) SY 7,973. $12.50 $99,662.50 3" Thick Flexible Base (Measured under curb & gutter and 2' behind curb) SY 2,390. $6.50 $15,535.00 Tensar TX5 Geotextile Fabric (Measured 2' behind curb to 2' behind curb) SY 10,363. $6.85 $70,986.55 Prime Coat SY 7,973. $2.25 $17,939.25 Hot Mix Asphaltic Concrete Pavement (2" thick) (min.220 lbs/sy) SY 7,973. $11.85 $94,480.05 Sub -Total Streets $1,426,035.65 EXHIBIT 3 Page 4 of 8 Job No.: 12-082 Construction Estimate Cayo Del Oso Subdivision, Section 1 Page 5 DESCRIPTION UNIT QUANTITY PRICE AMOUNT 18" Storm Sewer Pipe (Less than 6' deep) LF 362. $58.00 $20,996.00 18" Storm Sewer Pipe (6' - 8' deep) LF 440. $60.00 $26,400.00 24" Storm Sewer Pipe (Less than 6' deep) LF 192. $75.00 $14,400.00 24" Storm Sewer Pipe (6' - 8' deep) LF 545. $77.00 $41,965.00 24" Storm Sewer Pipe (8' - 10' deep) LF 109. $79.00 $8,611.00 30" Storm Sewer Pipe (6' - 8' deep) LF 226. $93.00 $21,018.00 30" Storm Sewer Pipe (8' - 10' deep) LF 700. $95.00 $66,500.00 30" Storm Sewer Pipe (10' - 12' deep) LF 131. $97.00 $12,707.00 36" Storm Sewer Pipe (8' - 10' deep) LF 132. $107.00 $14,124.00 36" Storm Sewer Pipe (10'- 12' deep) LF 47. $109.00 $5,123.00 42" Storm Sewer Pipe (8' - 10' deep) LF 173. $120.00 $20,760.00 42" Storm Sewer Pipe (10' - 12' deep) LF 61. $122.00 $7,442.00 Storm Sewer Manhole (Less than 6' deep) Ea. 2. $3,100.00 $6,200.00 Storm Sewer Manhole (6' - 8' deep) Ea. 9. $3,300.00 $29,700.00 Storm Sewer Manhole (8' - 10' deep) Ea. 7. $3,500.00 $24,500.00 Storm Sewer Manhole (10' - 12' deep) Ea. 2. $3,700.00 $7,400.00 Curb Inlet (Less than 6' deep) Ea. 19. $2,900.00 $55,100.00 Curb Inlet (8' - 10' deep) Ea. 1. $3,000.00 $3,000.00 Rock Riprap SY 278. $25.00 $6,950.00 Outfall Ditch Excavation CY 247. $8.00 $1,976.00 Trench Safety LF 3,118. $5.00 $15,590.00 Sub -Total Drainage $410,462.00 Engineering & Contingencies (10%) $233,509.97 Total $2,568,609.62 EXHIBIT 3 Page 5 of 8 Engineer: Firm No.: Client: By: Legal Description: Job No: OFFSITE STREET PARTICIPATION ESTIMATE FOR OSO PARKWAY ADJACENT TO CAYO DEL OSO SUBDIVISION SECTION 1 Balusek-Frankson 9183 Palm Land Investment, Inc. Dan Caballero, President A.C. Frankson, P.E. Being a portion of Lot 5A, Section 26 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Page 41, through Page 43 of the Map Records of Nueces County, Texas, same being a portion of that 1.146 acre tract of land conveyed to the City of Corpus Christi, Texas by Eusebio Garza, III, Substitute Trustee by deed dated August 30, 1995 by Document No. 976523 recorded in the Official Records of Nueces County, Texas. 12-082 Description Unit Quanti Price Amount Excavate and compact subgrade L.F. 248. $30.55 $7,576.40 Tensar TX5 Geotextile cloth L.F. 248. $33.48 $8,303.04 11" thick flexible base (lip to lip of gutter) L.F. 248. $90.00 $22,320.00 7'h" thick flexible base (lip of gutter to 2" behind curb) L.F. 248. $14.64 $3,630.72 Prime coat L.F. 248. $9.00 $2,232.00 4" (440 #/sy) Hot Mix Asphalt Concrete Pavement L.F. 248. $99.00 $24,552.00 Curb and gutter L.F. 496. $15.00 $7,440.00 Sidewalk L.F. 496. $35.75 $17,732.00 Storm sewer manhole (<6' deep) Ea. 1. $3,500.00 $3,500.00 30" diameter storm sewer (<6' deep) L.F. 111. $97.00 $10,767.00 24" diameter storm sewer (<6' deep) L.F. 180. $74.00 $13,320.00 Sub -Total $113,796.76 Engineering and Contingencies 10% $ 11,379.68 Total Cost for Full -Width Street $125,176.44 Total Cost for Half -Width Street $62,588.22 EXHIBIT 3 Page 6 of 8 Engineer: Firm No.: Client: By: Legal Description: Job No: OFFSITE STREET PARTICIPATION ESTIMATE FOR CAYO DEL OSO SUBDIVISION SECTION 1 Balusek-Frankson 9183 Palm Land Investment, Inc. Dan Caballero, President A.C. Frankson, P.E. Being a portion of Lot 5A, Section 26 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Page 41, through Page 43 of the Map Records of Nueces County, Texas, same being a portion of that 1.146 acre tract of land conveyed to the City of Corpus Christi, Texas by Eusebio Garza, III, Substitute Trustee by deed dated August 30, 1995 by Document No. 976523 recorded in the Official Records of Nueces County, Texas. 12-082 Description Unit Quantity Price Amount Remove curb and gutter L.F. 42. $10.00 $420.00 Excavate and compact subgrade L.F. 71. $30.55 $2,169.05 Tensar TX5 Geotextile cloth L.F. 71. $33.48 $2,377.08 11" thick flexible base (lip to lip of gutter) L.F. 71. $90.00 $6,390.00 7 1/2" thick flexible base (lip of gutter to 2" behind curb) L.F. 71. $14.64 $1,039.44 Prime coat L.F. 71. $9.00 $639.00 4" (440 #/sy) Hot Mix Asphalt Concrete Pavement L.F. 71. $99.00 $7,029.00 Curb and gutter L.F. 130. $15.00 $1,950.00 Sidewalk L.F. 142. $35.75 $5,076.50 5' curb inlet (<6' deep) Ea. 2. $3,400.00 $6,800.00 Storm sewer manhole (<6' deep) Ea. 1. $3,500.00 $3,500.00 18" diameter storm sewer (<6' deep) L.F. 40.6 $58.00 $2,354.80 24" diameter storm sewer (<6' deep) L.F. 68. $74.00 $5,032.00 Sub -Total $44,776.87 Engineering and Contingencies 10% $ 4,477.69 Total $49,254.56 EXHIBIT 3 Page 7 of 8 STREET PARTICIPATION ESTIMATE FOR CAYO DEL OSO SUBDIVISION SECTION 1 Engineer: Balusek-Frankson Firm No.: 9183 Client: Palm Land Investment, Inc. Dan Caballero, President By: A.C. Frankson, P.E. Date: June 27, 2014 Legal Description: Being a portion of Lots 5A, 6A, 10 & 11, Section 26 of The Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Page 41 - 43 of the Map Records of Nueces County, Texas, same being a portion of that 1.146 acre tract of land conveyed to the City of Corpus Christi, Texas by Eusebio Garza III, Substitute Trustee by deed dated August 30, 1995 by Document No. 976523 and a portion of that 60.54 acre tract of land conveyed to Palm Land Investment, Inc. by L & L Family Partnership, Ltd. by Correction Deed dated February 20, 2012 by Document No. 2012011143, both recorded in the Official Records of Nueces County, Texas. 12-082 Job No: Description Unit Quantity Price Amount Excavation grading and compaction from 2' behind curb to 2' behind curb (5" excavation) L.F. 1295.76 $15.11 $19,578.93 Hot Mix Asphaltic Concrete Pavement (Ty D) (2" HMACP) L.F. 1295.76 $61.55 $79,754.03 Type A, Grade 1 Crushed Limestone, lip to lip of gutter (3") L.F. 1295.76 $29.82 $38,639.56 Type A, Grade 1, Crushed Limestone, lip of gutter to 2' behind curb (4 'h") L.F. 1295.76 $10.02 $12,983.52 Sub -Total $150,956.04 Engineering and Contingencies (10%) $ 15,095.60 Total $166,051.64 EXHIBIT 3 Page 8 of 8 tr.r\rrArrt� City of Corpus Christi City of Corpus Christi, Texas Department of Development Services P 0 Box 9277 Corpus Christi. Texas 78469 9277 (361) 826.3240 totaled at 2406 Leopard Street (Corner or Leopard St. and Pan Ave ) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Palm Land Investment, Inc. STREET: 5949 La Costa Drive CITY: Corpus Christi ZIP: 78414-2407 FIRM is: ® Corporation ❑ Partnership ❑ Sole Owner ❑ Association [] Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) None N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title None N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee None N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant None CERTIFICATE N/A 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: Dan Caballero Title: President (Print) Signature of Certifying Person: Date: /17'( Z9/ Exhibit 4 Page 1 of 4 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. "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. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership 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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. K. DEVELOPMENTSVCS SHARED LAND DEVELOPMENT ORDINANCE AD\lI $15TRATIO;'TAPPLICATIOV FORMS FORMS AS PER LEGAL 2012 DISCLOSURE OF INTERESTS STATEAIENTI 27 12 DOC Exhibit 4 Page 2 of 4 City of PI Corpus Christi DISCLOSURE OF INTERESTS Cit of Corpus Christi, Texas Department or Development Services 1' a Box 927 Corpus Christi. Tows 78469.9277 (361) 826 324,:: Located at: 2406 Leopard Street (Corner of Leopard St. and Part Ave City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Palm Land Investment, Inc. STREET: 5949 La Costa Drive CITY: Corpus Christi ZIP: 78414-2407 FIRM is: ®Corporation ❑ Partnership 0 Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) None N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title None N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee None N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant None N/A CERTIFICATE 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: Maria E. Caballero Title: Vice-Presi ' ent (Print) Signature of Certifying Person: Exhibit 4 Page 3 of 4 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. "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. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership 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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. K DEVELOPMENTSVCS SHARED LAND DEVELOPMIENT ORDINANCE ADMINISTRATION APPLICATION FORMS FORMS AS PER LEGAL 2012 DISCLOSURE OF INTERESTS STATEMENT1.27 12 DOC Exhibit 4 Page 4 of 4 AGENDA MEMORANDUM First Reading for the City Council Meeting of October 21, 2014 Second Reading for the City Council Meeting of October 28, 2014 DATE: October 14, 2014 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriate Federal Aviation Administration Grant No. 3-48-0051-052-2014 in the amount of $5,000,000 to Rehabilitate and Construct Taxiways at Corpus Christi International Airport. CAPTION: Ordinance appropriating $5,000,000 from the Federal Aviation Administration Grant No. 3-48- 0051-052-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways D, E, F, and G and construct Taxiways H and J at Corpus Christi International Airport; changing the FY 2014-2015 Capital Budget adopted by Ordinance No. 030303 by increasing revenues and expenditures by $5,000,000 each. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. FAA Grant 52, in the amount of $5,000,000, will fund the rehabilitation of Taxiways D, E, F, and G and Construction of Taxiways H and J. BACKGROUND AND FINDINGS: Rehabilitation of the airport taxiway system is a major objective for the FAA and CCIA. The Taxiway Rehabilitation and Construction Project reflects major emphasis on the construction of a connecting taxiway system consistent with new FAA safety criteria for taxiways adjoining runways. A taxiway is a path that connects runways, ramps and terminals. The new connecting taxiway system will serve the runway by safely and efficiently locating all connecting taxiways at strategic locations relative to the new runway end locations. Project also includes the run-up area, removal of older section of pavement, runway lighting, and LED lighting and signage on taxiways and Airport Lighting Control System. The existing surface of Taxiways will be rehabilitated via cold -tar application and marked accordingly. The grant requirements include a 10% local match which will be funded from Airport capital reserves. ALTERNATIVES: No viable alternatives exist for the funding of this project. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The project is consistent with the Airport Master Plan. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Legal Capital Budget Finance FINANCIAL IMPACT: fl Operating II Revenue ® Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $210,000 $242,000 $4,091,000 $4,333,000 Encumbered / Expended Amount This item $5,000,000 5,000,000 BALANCE $210,000 $5,242,000 $4,091,000 $9,333,000 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026) RECOMMENDATION: Approval of appropriation ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Grant Agreement Page 1 of 2 Ordinance Appropriating $5,000,000 from the Federal Aviation Administration Grant No. 3-48-0051-052-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways D, E, F, and G and construct Taxiways H and J at Corpus Christi International Airport; changing the FY 2014-2015 Capital Budget adopted by Ordinance No. 030303 by increasing revenues and expenditures by $5,000,000 each. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant in the amount of $5,000,000 from the Federal Aviation Administration Grant No. 3-48-0051-052-2014 is appropriated in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways D, E, F and G and construct Taxiways H and J at Corpus Christi International Airport. SECTION 2. The fiscal year 2014-2015 Capital Budget adopted by Ordinance No. 030303 is amended by increasing revenues and expenditures by $5,000,000 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Ordinance Grant 52 Appropriation 20141006 Page 2 of 2 PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance Grant 52 Appropriation 20141006 Nelda Martinez Mayor U.S. Department of Transportation Federal Aviation Administration SEP 1 5 2014 Airports Division Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma, Texas The Honorable Nelda Martinez Mayor of Corpus Christi, Texas P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mayor Martinez: 2601 Meacham Boulevard Fort Worth, Texas 76137 We are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No. 3-48-0051-052-2014 at Corpus Christi International Airport, Texas. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: • The governing body must pass a resolution and execute the grant, along with your attorney's certification, by September 23, 2014, in order for the grant to be valid. • No change may be made by you or your representative to the Grant Offer. • We ask that you return the Grant Offer marked "Original" to us by overnight mail, facsimile, regular mail or E -Mail (PDF) and maintain the copy marked "Sponsor Copy" for your records. Subject to the requirements in 49 CFR § 18.21, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Please note Grant Condition No. 4 requires you to complete the project without undue delay. We will be paying close attention to your progress to ensure proper stewardship of these Federal funds. You are expected to submit payment requests for reimbursement of allowable incurred project expenses in accordance with project progress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status which will impact future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF -270 (non -construction projects) or SF -271 or equivalent (construction projects) and SF -425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and • Quarterly Performance Reports due every quarter. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit, as a minimum, the following: • Sponsor Certification for Project Final Acceptance; • Summary of all change orders and summary of all testing; and • Final SF -270 or SF -271 (or equivalent) and SF -425. Mr. Marcelino Sanchez is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sin rely, (� �tcc Edward N. Agnew Manager, Texas Airp Development Office �v U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART 1— OFFER RIG NAL Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: The City of Corpus Christi, Texas SEP Il 5 20 4 Corpus Christi International Airport, Texas 3-48-0051-052-2014 782001259 (herein called the "Sponsor") FROM• The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 13, 2014, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, Texas, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport, Texas (herein called the "Project") consisting of the following: Rehabilitate Taxiways D, E, F and G; Construct Taxiways H and 1 which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 11Page 3-48-0051-052-2014 CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $5,000,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $5,000,000.00 for airport development. 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 23, 2014, or such subsequent date as may be prescribed in writing by the FAA. 7. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 8. United States Not Liable for Damage or Injury. The United States is not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 2IPage 3-48-0051-052-2014 9. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 3I P,, a e 3-48-0051 -052-201 4 15. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. may not be increased for a planning project; B. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 15 percent for land project. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor, person, or entity. 18. Ban on Texting When Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants, contracts and subcontracts 19. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is in effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section Wage 3-48-0051-052-2014 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity – 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either— a. Associated with performance under this agreement; or b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29. 2 0. Exhibit A Included with Grant Application. The Exhibit "A" updated May 18, 2012, submitted with the project application is made a part of this grant agreement. 51 r 3-48-0051 -052-201 4 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTE ATION Edward N. • • ew Manager, Texas Airports Development Office 6Iage 3-48-0051-052-2014 PART 11- ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty pf perjury t the foregoing is true and cprrect.l Executed this [ day of By: rT Cor u� ( Mameof p soJ S on r (Signature of Sponsor's Designated Official Representative) Margie C. Rose (Typed Name of Sponsor's Designated Official Representative) Title: �1- 1 �� rv\vce- (Title of Sponsor) 11 11 a CERTIFICATE OF SPONSOR'S ATTORNEY i,y\d , acting as Attorney for the Sponsor do hereby certify: That in my opine the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State ofS . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at , • Ff--)AYN`this (* day of By gnature of ' ponsor's Attor Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 71 3-48-0051-052-2014 OMB Number: 4040-0004 E iration Date: 03/31/2012 Application for Federal Assistance SF -424 * 1. Type of Submission * 2. Type of Application * If Revision, select appropriate letter(s): ril New [I] Continuation * Other (Specify) 111 Revision • Preapplication Z Application 1111 Changed/Corrected Application * 3. Date Received: 4. Application Identifier: 5a. Federal Entity Identifier: 3-48-0051-052-2014 * 5b. Federal Award Identifier: 3-48-0051-052-2014 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name: City of Corpus Christi, Texas * b. Employer/Taxpayer Identification Number (EIN/TIN): 74-600074 *c. Organizational DUNS: 782001259 d. Address: * Streetl: 1000 International Drive Street 2: * City: Corpus Christi County: Nueces * State: Texas Province: Country: USA *Zip/ Postal Code: 78406-1801 e. Organizational Unit: Department Name: City of Corpus Christi, Texas Division Name: Aviation Department f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. First Name. Fernando Middle Name: * Last Name: Segundo Suffix: Title: Director of Aviation Organizational Affiliation: Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406-1801 * Telephone Number: 361-289-0171 ext. 1213 Fax Number: 361-289-0251 * Email: FredScctexas.com OMB Number: 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: - Select One - Type of Applicant 3: Select Applicant Type: - Select One - * Other (specify): * 10. Name of Federal Agency: Federal Aviation Administration,Texas ADO, Fort Worth, Tx. 76193-0610 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program 12. Funding Opportunity Number: 3-48-0051-052-2014 Title: Rehabilitate Taxiways D,E,G and F; Construct Taxiway H and J 13. Competition Identification Number: 3-48-0051-052-2014 Title: Rehabilitate Taxiways D,E,G and F; Construct Taxiway H and J 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Corpus Christi, Nueces County, San Patricio County, Texas * 15. Descriptive Title of Applicant's Project: Rehabilitate Taxiways D,E,G and F; Construct Taxiway H and J Attach supporting documents as specified in agency instructions. OMB Number: 4040-0004 sxvmationDate: oum1um1u Application for Federal Assistance SF -424 16. Congressional Districts Of: Tx -27 * a. Applicant Tx -27 * b. Program/Project: Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: Reconstruct Taxiways D,E,G, and construct Taxiway H and J . * a. Start Date: July 29,2014 * b. End Date: December 10,2015 18. Estimated Funding ($): *a. Federal $5.000.000.00 *b. Applicant $555,556.00*c.�State $0.00 *d. Local *e. Other $0.00 °t Program Income $0.00 *g. TOTAL $5,555,556.00 *j9 Is Application Subject to Review By State Under Executive Order 12372 Process? Ill a. This application was made available to the State under the Executive Order 12372 Process for review on Ei b. Program is subject to E.O. 12372 but has not been selected by the State for review. [/l c. Program is not covered by E.O. 12372. *20. Is the AppUcant Dehnquent On Any Federal Debt? (If "Yes", provide explanation.) E] Yes is No 21. *By signing this application, 1 certify (1) to the statements contained in the list of certiflcations** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001). i **I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Fernando Middle Name: *Last Name: Segundo Suffix: *Title: Director of Aviation *Telephone Number: 361-289'0171 e}t.1213 Fax Number: 361-288-0251 *Email: F[edsACC1eX88.COmO *signature of Authorized Representative: Date Signed: 8'13-2014 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART 11 PROJECT APPROVAL INFORMATION OMB NO. 2120-0569 11/30/07 Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Name of Governing Body: Priority: Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes X No Name of Agency or Board: (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Yes El No (Attach Comments) Rem 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency; Date: / / Item 5. Is the proposed project covered by an approved comprehensive plan? X Yes Check one: No Location of Plan: State Local Regional X ACIP Item 6. Will the assistance requested serve a Federal installation? II Yes X No Name of Federal Installation: Federal Population benefiting from Project: Item 7. Will the assistance requested be on Federal land or installation? Yes X No Name of Federal Installation: Location of Federal Land: Percent of Project: Item 8. Will the assistance requested have an impact or effect on the environment? Yes X No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? Number of: Individuals. Families. Businesses. Yes X No Farms. Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No See instructions for additional information to be provided. FAA Form 5100-101 (6-73) SUPERSEDES FAA FORM 5910-1 AND 5920-1 Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II - SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Covered in the Corpus Christi International Airport 20 -year Master Plan and the City of Corpus Christi Airport Area Plan. This plan covers the Airport and its environs and has protection for the Airport written into it, including zoning ordinances. The area plan has been incorporated into the City's Comprehensive Plan. A Part 150 Noise Compatibility Study for the Corpus Christi International Airport was approved in September 2000. It was incorporated into the Airport's Master Plan to assume compatible land use surrounding the airport. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the property map designated as Exhibit "A": Within existing Airport Boundary, See Exhibit "A" * State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "B": N/A (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "B": N/A 5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE * State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 PART 111 - BUDGET INFORMATION -- CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catatog No. 2. Functiorial or Other Breakout 20.106 SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 10.000.00 2. Preliminary expense $UO�OO structures,3� Land.structures,hghtofway $UOOO � 4. A�hi0uctura|onginmohngbasic fees $115521�O0 ' 5. Other architectural engineerng fees (Const. Mgmt., Inspection , Surveying & Testing) $ 681,085.00 G. Pn�ectinope�innfaaa $OO�OO 7. Land development $OO�O0 8. Relocation Expenses $OD�OO 9. Relocation payments to Individuals and Businesses $OO�OO 10. Demolition and removal $O0�OO 11. Construction and project improvement $ 4,748,950.00 12. Equipment $UO�OO 13. Miscellaneous $OO�UO 14. Total (Lines 1 through 13) $ 5,555,556,00 15. Estimated Income (ifappiicable) $ 00.00 16. Net Project Amount (Line 14 minus 15) $ 5,555,556,00 17. Less Ineligible Exclusions $UO�OO 18.Add: Contingencies $OO'OO 19. Totat Project Amt. (Excluding Rehabilitation Grants) $ 5,555,556,00 20. Federal Share requested of Line 19 $ 5,000.000.00 21. Add Rehabilitation Grants Requested (100 Percent) $ 00.00 22.Total Federal grant requested (Lines 2O&21) $ 5,000,000.00 23. Grantee share $ 555.556.00 24. Other shares $ 00.00 25.Total project (Lines 22.23&24) $ $ $ 5,555,556.00 GPO 865.480 FAA Form 5100-100 (6-73) SUPERSEDES FM FORM 5100-10 PAGES 1 THRU 7 Page 4 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. $ $ b. c. d. e. f. g. Totals $0.00 Mao SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 555,556.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) Airport Reserves h. TOTAL — Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 555,556.00 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach — See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PROJECT : Rehabilitate Taxiways D, E, G and F; Construct Taxiway H and J. AIRPORT : Corpus Christi International Airport, Texas 1. Objective: The objective of the proposed Airport Improvement Program (AIP) reflects major emphasis on the construction of a connecting taxiway system that is consistent with new FAA safety criteria for taxiways adjoining runways. The new connecting taxiway system was designed to serve the runway more safely and efficiently by locating all connecting taxiways at strategic locations relative to the new runway end locations. Project also includes the removal of older section of pavement, install Taxiway LED lighting and signage on taxiways. The existing surface of Taxiways will be rehabilitated via cold -tar application and marked accordingly. 2. Benefits Anticipated: This project will significantly improve safety at the airport by minimizing the likelihood of future runway incursions; mitigate the possibility of taxiing onto a runway directly from an access point outside the parallel taxiways; increase available aircraft parking area; provide greater and more efficient access to the Runway 13-31 and NAVAID facilities; and improve the drainage characteristics of a flood prone pavement on the airport. 3. Approach : (See approved Scope of Work in Final Application) The Connecting Taxiway Project is phased very carefully to minimize disruption to air traffic while maintaining safety. Runway 13-31 will be closed during construction. A small portion of the work will be required in the Runway 18-36 extended safety area to the south. This work will be accomplished at night. A project schedule will be developed at the Pre -Construction Conference so that critical construction milestone dates are established and can be tracked to assure timely flight checks and project progression. During construction, all construction activities will be carefully monitored and tested to insure complete compliance with the specifications and contract documents. 4. Geographic Location: The proposed Connecting Taxiways is located at Corpus Christi International Airport, Corpus Christi, Texas. The project is located on the north and south ends of Runway 13-31and across the infield areas of Runway 13-31. 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address & telephone number) Fernando Segundo, Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 (361) 289-0171 Ext 1213. FAA Form 5100-101 (9-03) SUPERSEDES FAA FORM 5910-1 and 5920-1 Page 6 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS City of Corpus Christi, Texas Corpus Christi International 3-48-0051-052-2014 Airport, Texas (Sponsor) (Airport) (Project Number) (Work Description) Rehabilitate Taxiways D, E, G and F; Construct Taxiway H and J. Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as procurement/installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least two manufacturers can meet the specification. 3. The development included (to be included) in the plans is depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (will be) omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the Federally approved environmental finding. Yes No N/A pi O 0 O 0 ❑ ❑ 0 O 0 ® ❑ 0 PI 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (will be) discussed with the FAA as well as incorporated into the specifications, and a safety/phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. Yes No N/A I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Corpus Christi, Texas (Name of Sponsor) , (Signature of Sponsor's DesigOfficial Representative) Fernando Segundo (Typed Name of Sponsor's Designated Oficial Representative) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) 08/13/2014 (Date) City of Corpus Christi, Texas (Sponsor) Rehabilitate Taxiways D, E, U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS Corpus Christi International Airport, Texas (Airport) G and F; Construct Taxiway H and J. 3-48-0051-052-2014 (Project Number) (Work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standard. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are not significantly above the sponsor's independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was (will be) obtained from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant -assisted contracts have been (will be) included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not (will not be) used. Yes No N/A ❑ ❑ Page 1 of 2 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement, and future work will not be initiated beyond five years. ElEl I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Corpus Christi, Texas (Name of Sponsor) 9 (Signature of Sponsor'sQsignate fficial Representative) Fernando Segundo (Typed Name of Sponsor's Designated Official Representative) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) 08/13/2014 (Date) Page 2 of 2 1/8/04 Appendix 25. Standard Sponsor Certification Forms Order 5100.38B Change 1 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION CONSTRUCTION PROJECT FINAL ACCEPTANCE City of Corpus Christi, Texas Corpus Christi International Airport, Texas (Sponsor) (Airport) (Work Description) Rehabilitate Taxiways D, E, G and F; Construct Taxiway H and J. 3-48-0051-052-2014 (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program. General standards for final acceptance and close out of federally funded construction projects are in Title 49, Code of Federal Regulations, Part 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. The personnel engaged in project administration, engineering supervision, construction inspection and testing were (will be) determined to be qualified as well as competent to perform the work. 2. Daily construction records were (will be) kept by the resident engineer/construction inspector as follows: a. Work in progress, b. Quality and quantity of materials delivered, c. Test locations and results, d. Instructions provided the contractor, e. Weather conditions, f. Equipment use, g. Labor requirements, h. Safety problems, and i. Changes required. 3. Weekly payroll records and statements of compliance were (will be) submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100-6 and 150/5100-15). 4. Complaints regarding the mandated Federal provisions set forth in the contract documents have been (will be) submitted to the FAA. 5. All tests specified in the plans and specifications were (will be) performed and the test results documented as well as made available to the FAA. 6. For any test results outside of allowable tolerances, appropriate corrective actions were (will be) taken. Page 1 of 2 Yes No N/A ►1 ® 0 0 0 0 0 0 ® 0 0 0 0 Order 5100.38B Change 1 Appendix 25. Standard Sponsor Certification Forms 1/8/04 7. Payments to the contractor were (will be) made in compliance with contract provisions as follows: a. Payments are verified by the sponsor's internal audit of contract records kept by the resident engineer, and b. If appropriate, pay reduction factors required by the specifications are applied in computing final payments and a summary of pay reductions made available to the FAA. 8. The project was (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval is obtained from the FAA. 9. A final project inspection was (will be) conducted with representatives of the sponsor and the contractor and project files contain documentation of the final inspection. 10. Work in the grant agreement was (will be) physically completed and corrective actions required as a result of the final inspection is completed to the satisfaction of the sponsor. 11. If applicable, the as -built plans, an equipment inventory, and a revised airport layout plan have been (will be) submitted to the FAA. 12. Applicable close out financial reports have been (will be) submitted to the FAA. Yes No N/A ® 0 0 ❑ ❑ O 0 O 0 ® 0 ❑ ❑ ❑ I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Corpus Christi, Texas (Name of Sponsor) (Signature of Sponsor's ffrcia l Representative) Fernando Segundo (Typed Name of Sponsor's Designated Oficial Representative) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) 08/13/2014 (Date) Page 2 of 2 1/8/04 Appendix 25. Standard Sponsor Certification Forms Order 5100.38B Change 1 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION EQUIPMENT/CONSTRUCTION CONTRACTS City of Corpus Christi, Texas Corpus Christi International Airport, Texas (Sponsor) (Airport) (Work Description) Rehabilitate Taxiways D, E, G and F; Construct Taxiway H and J. 3-48-0051-052-2014 (Project Number) Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for equipment and construction contracts within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. A code or standard of conduct is (will be) in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are (will be) engaged to perform contract administration, engineering supervision, construction inspection, and testing. 3. The procurement was (will be) publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe): a. The current Federal wage rate determination for all construction projects, and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsible bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, d. or e. Proposed contract prices are more than 10 percent over the sponsor's cost estimate. Page 1 of 2 Yes No NIA ❑ 0 0 0 0 Order 5100.38B Change 1 Appendix 25. Standard Sponsor Certification Forms 1/8/04 6. All contracts exceeding $100,000 require (will require) the followin provisions: a. A bid guarantee of 5 percent, a performance bond of 100 and a payment bond of 100 percent; b. Conditions specifying adnminietnative, contractual, and legal remnedies, including contract termination, for those instances in which contractors violate or breach contact terms; and c. Comptiance with appticabte standards and requirements issued under Section 3OGofthe Clean Air Act (42USC 1857/h\).Section 5O8of the Clean Water Act (33 USC 1368), and Executive Order 11738. 7. All construction contracts contain (will contain) provisions for: a. Compliance with the Copeland "Anti -Kick Back" Act, and b. Preference given in the emptoyment of labor (except in executive, administrative, and supervisory positions) to honorabty discharged Vietnam era veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain (will contain) the following provisions: a. Compliance with the Davis -Bacon Act based on the current Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330). Sections 103 and 107. 9. AD construction contracts exceeding $10,000 contain (wifl contain) appropriate clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunfty. 10. All contracts and subcontracts contain (will contain) clauses required from Title VI of the Civil Rights Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been (wiH be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any U.S. Department of Transportation (DOT) element and appearing on the DOT Unified List. Yes No N/A y� 0 [� �� [� [l [� |certifv for the projectidenbfiedhmrein.reeponeeetotheforgoingitammaneacourohaeonnarkedandhave prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Corpus Christi, Texas (Name of Sponsor) (Signature of Sponmor'sDe igneted Official Representative) Fernando Segundo (Typed Name of Sponsor's Designated Official Representafive) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) 08/13/2014 (Date) Page 2 of 2 1/8/04 Appendix 25. Standard Sponsor Certification Forms Order 5100.38B Change 1 City of Corpus Christi, Texas (Sponsor) Work Description: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG-FREE WORKPLACE Corpus Christi International Airport, Texas (Airport) Rehabilitate Taxiways D, E, G and F; Construct Taxiway H and J. 3-48-0051-052-2014 (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. A statement has been (will be) published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug-free awareness program has been (will be) established to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been (will be) given a copy of the statement required within item 1 above. 4. Employees have been (will be) notified in the statement required by item 1 above that, as a condition employment under the grant, the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. Page 1 of 2 Yes No N/A Cl ❑ ❑ ❑ ® 0 0 Order 5100.38B Change 1 Appendix 25. Standard Sponsor Certification Forms 1/8/04 Yes No N/A 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug-free workplace through implementation of items 1 through 6 above. I have prepared documentation attached hereto with site(s) for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified in the attachment. I have prepared additional documentation for any above items marked "no" and attached it hereto. I certify that, for the project identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. City of Corpus Christi, Texas (Name of Sponsor) �__---- (Signature of Sponsor's Designated Official Representative) Fernando Segundo (Typed Name of Sponsor's Designated Official Representative) Director of Aviation (Typed Title of Sponsor's Designated Official Representative) 08/13/2014 (Date) Page2of2 .44131rE kaggri I.EOENO AIRCIOItiOROVATILX. AlgalEtOwveuuot PAVE1.1011,014 REMOVED AIRII•011/11¢I¢IIIJSEPOKI ME1.10+14111TIWICIfil lwatAA.01111,...4 44141.104,01.11,I1/1.. 177-1,2.7,1.47,,a17,7,ZPILM tflttrt • ‘A":„..,. ' FM:V.1M MAI Mt/4MS AK SW. IN A Ottir.0.4- LOCATIONS ARC. 8ASED 111(011110011 MOM 01/ Or COW. WWI PM.. II(PNI11110(1 /.40 Mt WORM Mkt CO4P. GYMISTI 1412/00,11044 /.011 IDOSTINtl — (I) GRAPHIC SCALE (5 FEET ± JACO t "" ; 777 MAIN STREET FORT WORTH TEXAS 76102-5304 PHONE (817) 735-6000 (CaPUS CHRISTI -........"^--......*".........."-- INTERNATIONAL AIRPORT ... CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS /0 II.4.60 ....... 3-48—D051 —045-2009 REVISIONS FAA APPROVAL AIRPORT PROPERTY MAP ....e.c. MR .14./C. WHXI4107 . 5/18/I2 SY SATE DESCRIPTION CND i'afkVITII,1,141 RI. T.L.M. 1 R.K.C. 1 1.441,441161./....4111VITA --RMCINCI PP. SHEET 21 OF 22 FAA Airports Current FAA Advisory Circulars Required o Use in AIP Funded and PFC Approved Projects Updated: 3/20/2014 View the moscurrent versions of these ACs and any associated ctianges at: h8p://*xmwjao.qmv/airporto/reoournes/adviaom circulars NUNI13ER TITLE 70/74801K Obstruction Maring and Lighting 150/5020-1 Noise Control and Compatibitity Planning for Airports 150/5070'6B Airport Master Plans Change 1 150/5070-7 The Airport System Panning Process 150V5180-138 Development of State Standards for Nonprimary Airports 150/5200-28D Notices to Afrmen (NOTAMS) for Airport Operators 150/5200'30C Airport Winter Safety And Operations Change 1 150/5200-31O Airport Emergency Pan Change 2 150/5210-5D Painting, Marking, and Lighting ofVehicles Used on an Airport 160/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210'13C Airport Water Rescue Pans and Equipment 160/5210-14B Aircraft Rescue Fire Fighting Equipment, Toofs and Clothing 150/5210-16A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel FAA Advisory Circulors Requfrecl for Use in mpFunded and pFcApproved Projects Updated 3/20/2014 ARP Page 1 of 5 NUMBER TITLE 150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials AC 150/5220-20 Change 1 Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Change 1 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B) Out Squitter Equipment 150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes 150/5300-13A Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5D Surface Drainage Design 150/5320-6E Airport Pavement Design and Evaluation FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 3/20/2014 ARP Page 2 of 5 NUMBER TITLE 750532042C Measurement, Construction, and Maintenance of Skid Resistant Airpo Pavement Surfaces 150/5320-15A Management ofAirport Industrial Waste 160/5235-48 Runway Length Requirements for Airport Desiga 150/5335'5C Standardized Method of Reporting Airport Pavement Strength — PCN (Draft approved for use) 150/5340-1L Standards for Airport Markings 150V5340 -5D Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-80G Design and nstaflation Details for Arport VsuaI Aids 150/5345'3G�p�c�maionforL-82i.Pane|sfor�heOonbn|ofAirpo�Lighbng / 160/5345'58 Circuit Selector Switch 15U/5345 -7F Specification for L-824 Underground Electrical Cable for Atrport Lighting Circuits 158/5345-103 Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5346-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Cireuits 150/5 '28D FAA Specificaton For L-823 PIug arid Receptade, Cable Connectors 150/5345'27E Specification for Wind Cone Assembltes 150/5345-28G Precision Approach Path Indicato(PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers 150/5345~428 Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5346'43G Specification for Obstruction Lighting Equipment 150/5845-44J Specification for Runway and Taxiway Sgns 150/5845'45C Low -Impact Resistant (UR) Structures FAA Advisory Circulars Required for Use in AiP Funded and PFC Approved Projects Updated 3/20/2014 ARP Page 3 of 5 NUMBER TITLE 150/5345'460 Specification for Runway and Taxiway LighFixtures 150/5345-47C Specification for Series to SerieIsolation Transformers for Airport Lighting Systems 150/5345-49O Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5346-518 Specification for Discharge -Type FIashng Light Equipment 150/5345-52A Generic Visual GUdos|opeIndicators (G\XG|) 150/5345-530 Airport Lighting Equipment Certiflcatiori Program 15O/6345 - 4B Specification for L-884, Power and Control Unit for Land and HoId Short Lighting Systems 150/5345-56A Specification for L-893, Lighted Visuai Aui to Indicate Temporary Runway Closure 150/5345-568 Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5380'12F Airport Signing and Graphics 150/5360-13 Change 1 Ptanning and Design Guidelines for Airport Terminal Facilities 150/5360-14 Access to Airports By lndividuals With DisabiIites 150/5370'2F Operational Safety on Airports During Construction 150/5370-10F Standards for Specifying Construction of Airports 160/5370-118 Use of Nondestructive Testing in the Evaluation of Afrport Pavements 150/5370'13A Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370'15B Airside Apptications for Artificial Turf 150/5370'18 Rapid Construction of Rigid (Portland Cement Concrete) Airfie!d Pavements 150/5378-17 Airside Use of Heated Pavement Systems 150K5380'68 Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-2C Heliport Design FAA Advsoiy Circulars Required for Use in mpFunded and pFoApproved ProjectsARP Updated n/2o/2o 4 Page 4 of 5 150 95-1 A Seaplane Bases THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 3/7/2014 NUMBER TITLE 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Changes 1 - 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-9B Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects 150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-6D Construction Progress and Inspection Report — Airport Grant Program 150/5370-12A Quality Control of Construction for Airport Grant Projects 150/5380-7A Airport Pavement Management Program FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 3/20/2014 ARP Page 5 of 5 FAA Airports ASSURANCES Airport Sponsors A. General I. These assurances shall be complied witin the performance of grant agreements for airport devdopment. airport planning, and noise compatibility cornpatibility program grants Cor airport sponsor . These assurances are required to be submitted as part of the projectapplication by sponsors requesting funds under the provisions of Title 49. U.S.C.. subtitle VII. as amended. As used herein, the term "pubhc agency sponsoru means a public agency with control of public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor. these assurances are incorporated in and become part ofthis grant agreement. 0|, Duration and Applicability. 1. Airport development or Noise Compatibitity Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances o[this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for unairport development ornoise compatibility program project, or throughout the useful life of the project items installed within a facility under u noise compatibility program prject. but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the p'cct. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms. conditions, and assurances with respect to real property acquired with feder& funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Bpsnoor, The preceding paragraph also applies to a private sponsor except that the useful Iife o[project items installed within a fciIity or the useful life ofthe facilities developed or equipment acquired under an airport development or noise compaibi|ity program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. Z. Airport Sponsor Assurances amw mue/ws 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement.. only Assurances 1. 2, 3, 5. 6, 13, 18. 25, 30. 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall he no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws. regulations. executive orders, policies, guidelines, and requirements as they relate to the application. acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII. as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act— 5 U.S.C. 1501. et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 I National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205. as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' 1. Title 49, U.S.C., Section 303, (formerly known as Section 4(0) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 (J.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101. et seq. q. American Indian Religious Freedom Act. P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151. et seq.l s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327. et seq.' u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321. et seq.1 w. Wild and Scenic Rivers Act. P.L. 90-542. as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501. et seq.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Sponsor Assurances 3t2W4 Page 2 of 20 z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. |09'2g2,uoamended hvsection h202o[Pub. L^ 110-252). Executive Orders a. Executive Order 11246 b. Executive Order 11990 - c. Executive Order 11998 d. Executive Order 12372 - e. Executive Order 12699 - Building Construction f. Executive Order 12898 - Opportunity' - Equal Employment Protection of Wetlands — Flood Plain Management Intergovernmental Review oC Federal Programs Seismic Safety of Federal and Federally Assisted New Federal Regulations Environmental Justice a. 2 CFR Part 180 - OMB Guidelines to Agencies on (]nv*mmcntwidc Debarment and Suspension (Nonprocu. b. 2 CFR Part 200. Uniform Administrative Requirements. Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A- 1 33 - Audits of States, Local (iovernments. and Non-Protit 0rgmnizadonoT.4''' 6 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Pooccdurcu14CFRL Part 16 - Rules ofPractice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. [ 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. 28 CFR § 50.3 - U.S. Department oFiustice Guidelines for Enforcement ofTitle VI of the Civil Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predeterminationofvvu8oruteu / i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part � by ans or grantfromfromthe United States.' 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards / k. 41 CFR Part 60 - Office of Federal Contract Cornpliance Programs. Equal Employment Opportunity. Department of Labor (Federal and federally assisted contracting requirements)./ 1. 49CFR Part |8'Uniform administrative requirements for grants and cnopcutivc agreernents to state and local governments.' m. 49 CFR. Part 20 - New restrictions on lobbying. n. 49 CFR Part 21 — Nondiscrimination in federally -assisted programs of the DepurtmentnfTcunnpodution-cOec|uudonofTit|eV|o[theCivi|}{ightuActo[ 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. g. Airport Sponsor Assurances 3/20w Page »m20 p. 49 CFR Part 24— Uniform Relocation Assistance and Real Property Acquisition for Federaand Federally Assisted Programs.12 q. 49 CFR Part 26 — Participation by Disadvantaged Business Ernerprisesises in Department of Transportation Programs. r. 49 CFR Part 27 —Nondiscrimination on the Basis of Handicap in Programs and ActivitiesBenefiting Receiving oBenefiting from Federal Financial Aoxiy�u�o�/ s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department ofTransportation. t. 49CFR Part ]O'Denial ufpublic works contracts k`suppliers of goods and services of countries that deny procurement rnarket access to U.S. contractors. u. 49 CFR Part 32 — Governrnentwide Requirements for Drug -Free Workplace (Financial Assistance) v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Specific Assurances Specific assurances required to be included in grant agreements by any of the above laws. regulations or circulars are incorporated by reference in this grant agreement. Footnotes to Assurance C.1. z s 4 These laws do not apply to airporplanning sponsors. These laws do not apply to private sponsors. 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. [nDecember 26.Z0|3o178HR785gO the Offlce of Management and Budget (OMB) issued the Uniform Administrative Requirements. Cost Principles. and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-\O2and Circular A-||Uor2CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-2 1 or2CFR part 220: Circular A^-87wr2CFR part Z25:and A'|Z2,2CFR part 230).Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200. 1 1 0. the standards set forth in Part 200 which aftect administration of Federal awards issued by Federal agencies become effective once implcmcnted hy Federal agencies or when any future arnendment to this Part becomes final. Federal agencies, including the Department of Transportation. must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 uniess different provisions are required hy statute or approved by OMB. Airport Sponsor Assurances v20w Nage 4 of 20 5 Cost inciples established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpartF are the guidelines for audits. 2. Responsibilityand Authority of the a. Pubhc Agency Sponsor: It has legal authority to apply for this grant, and to financand carry out the proposed project: that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application. including all understandings and assurances contained thcn:in, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may he required. b. Private Sponsor: [thas legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application. including all understandings and assurances contained therein; to act in connection with this application; and to provide such additionat infomiation as may be required. 3. Sponsor Fund Availability. R has sufficient funds available for that portion ofthe the pject costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary. to the landing area of the airport or site thcreoL or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be ohtained. 5. Preserving Rights and Powers. a. It. will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perforrri any or all ofthe terms, conditions. and assurances in this grant agreernent without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right ofothers which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. Airport Sponsor Assurances 3/2014 Pav of 29 b. It wfll not sell. lease. encumber.or otherwise transf'er or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility pr0erannproject, thutpordon ofthe property upon which Federal funds have been eupcnded, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power. authority. and financial resources to carry out all such obflgatioris. the sponsor shall insert in the contract or document transferring or disposing of the sponsor's intevcxt, and make binding upon the transferee afl oldie terms. ronditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects wbichare to be carried out by another unit of local government or are on property owned by a unit of local eovernment other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions. and assurances that would be applicabte to it ifit apptied directly to the FAA for a grant to undertake the noise compatibility program p'ccLThaCogrenrncntmodoboogeothcrck/muuthe satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this ugncemncotaguinsttbcpropertyovvncrvvhenevc,thc,eiosuhytuodn|non' cornp|iuncewith|heienmonftheuereenment. e. Ifthe sponsor is a private nponoo," it will take steps satisfactory to the Secretary to ensure that the airport wilt continue to function as a public -use airport in accordance with these assurances fbr the duration ofthese assurances. [ If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an emptoyee ofthe the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport witi be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. �. Sponsors of commercial service airports will not permit or enter into any arrangement that results in perniission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any tocation on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must compty with the requirements of Sec. |]6o[Public Law 112-95 and the sponsor assurances. Airport Sponsor Assurances az 3/2014 pau"^^/m 6. Consistency with Local Plans. The projectiurcosonub|yoznoistectvvkbp|ano(cxistingn1dhcdmeo[xubonisakxno/ this application) of puhlic agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideraion to the interest of communities in or near where the project may bc |ocated. 8. Consultation with Users In making a decision to undertake any airport developrnent projectundcrTidc49. United States Code. it has undertaken reasonable consultations with affected parties using the airport at which p'eo| is proposed. 9. Public Hearings. In projects involving the location of an aiqzort, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript ofsuch hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the pject is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropotitan Planning Organization. In projects involving the location ()fan uirpod, an airport runway, or a major runway extension at a medium or large hub airport. the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located. if any. a copy of the proposed amendment to the airport layout plan to dcpict the project and a copy of any airport master plan in which the project is described 01 depicted. 1 1. Pavement Preventive Maintenance. With respect to a projectapprovcduftcrJunuucy 1. 1995, for the replacement or reconstruction of pavement at the airport. it assures or certifles that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life ofany pavement constructed. reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary deterrnines may be useful. 12. Terminal Development Prerequisites. For pjoctswhicbinc|udctcnniou|dcve|opoocnioiuyub|icuscairport,osdofincdin Title 49, it has. on the date ofsubrnittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and Airpon Sponsor Assurances 3/2014 Poly 7 an has provided for access to the passenger enpl' and deptaning area ofsuch airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft |l Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts und records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature ofthat portion ofthe cost ofthe projectject supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Cornptroller General of the United States, or any of their duly authorized representatives, for the purpose ofaudit and examination, any books, documents, papers. and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an indeperident audit is made ofthe accounts ofa sponsor relating to the disposition ofthe proceeds ofa grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shalt include, in all contracts in excess of 52,000 fbr work on any projectsjects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as arnended (40 U.B.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor. and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It sha| include in all contracts Rnw/dk on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive. administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans. Afghanistan-lraq war veterans. disabled veterans. and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49. United States Code. However, this preference shall apply only where the individuals are available and qua(ified to perform the work to which the ernployment relates. 16. Conformity to Plans and Specifications. It will execute the p'cotovbjcotiop|uns"xpcciOcuiions,undschcdu|emnppvovedhy the Secretary. Such plans. specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other perfoniiance under this grant agreemcnt, and, upon approval ofthe the Secretary, shall be incorporated into this grant agreement. Any modification 10 the approved p|una, Airport Sponsor Assurances s20/4 Page 8 of 20 specifications. and schedules shall also be subject to approval ofthe Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the pjecttuasuuncthu<thuvvockcoo[onnxtothcp|ans,spsciUcohuns, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shalt require such cost and progress reportirig by the sponsor or sponsors of such p'ectanthcSncretur7xbu||deennneonsumcy. 1 8. Planning Projects. In carrying out planning pjectu: a. It will execute the projectiumcnondanuevviththcupp,ovedprogrumnunuiive contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and p\unning work activities. c. It will include in all published material prepared in connection with thwp(unnine project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the puh|io, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose. distribute. and otherwise use any of the material prepared in connection with this grant. F. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this pject as well as the right to disapprove the proposed scope and cost ofprofessional services. g. it will grant the Secretary the right to disapprove the use of the sponsor's employees to do alt or any part ofthe h. R understands and agrees that the Secretary's approval ofthis projectgrant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or comrnitment on the partof the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport. other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may he required or prescribed hy applicable Federal. Airport Sponsor Assurances a20w Pace vof 20 state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for aiort purposes. It will suitably operate and maintain the airportand all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance ofthis assurance, the sponsor will have in effect arrangements for - 1) Operating the airport's aeronautical facilities whenever required: 2) Promptly marking and lighting hazards resulting from airport conditions. including temporary conditions; and 3) Promptly notifying airmen of any conditiori affecting aeronautical use ofthe airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the ma(rtenunce_ ncpaic restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act ofGod or other condition or circumstance beyond the control ofthe sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or contro!s upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrurnent and visual operations to the airport (including estab!ished minimum flight altitudes) will be adequately cleared and protected by removing, |owehng, relocating, marking, or Iighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21 Compatibk Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of and adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoffofaircraft. In addition, ifthe the pject is for noise compatibility program implementation, it will not cause or permit any change in land use. within its jurisdiction. that will reduce its compatibility. with respect to the airport. o[the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiserimination. a. It will make the airport available as an airport for public use on reasonable terms and without u'ustdiuoriminudonu/e||typeu,kindsoudc|momcao[unnnnuudcu| activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement. contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person. firm, or corporation to conduct or xirpon Sponsor Assurancs 3/2014 Page mwm to engage in any aeronautical activity for furnishing services to the public at the airport. the sponsor will insert and enforce provisions requiring the contractor to- |) furnish said services on a reasonable, and not unjustly discriminatory, huois to all users thereof and charge n:oxunub|e, and not unjustly discriminatory, prices for each unit or scrviow, provided that the contractor niay be allowed to make reasonable and nondiscriminatory discounts. rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees. rentals. and other charges as are uniformly applicable to all other fixed -based operators making the same or simflar uses of such airport and utilizing the same or similar facilities. d. Each air carrier usirig such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant ofanother air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates. fees. rentals, and other charges with respect to faciiities directly and substantially related to providing air transportation as are apphcable to all such air carriers which make similar use of such airport and utilize similar faci|iiieu_ subject to reasonable classifications such as tenants or non -tenants and signatory carricrs and non - signatory carriers. on'oignwtnrycaninm. Classification or status as tenant or signatory shafl not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. fIt will not exercise or grant any right or privilege which operates to prevent any person, tirm. or corporationinguiroruftondheaiqportfromoerfonninaunY services on its own aircraft with its own employees [including, but not limited to maintenance. repair, and fuelingj that it may choose to perform. in the event the sponsor itseifexercises any ofthe rights and privileges referred to in this assurance. the services involved will be provided on the same conditions as would apply to the furnishing ofsuch services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable. and not ujuot|ydisc,mminutory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i The sponsor may prohibit or limit any given type. kind or class of aeronautical use of the airport if such action is necessary fbr the safe operation of the airport or necessary to serve the civil aviation needs ofthe puhic. g. Airport Sponsor AssLJmncs 312014 Page nof 20 23. Exclusive It will permit no exclusive right for the use of the airport by any person providing. or intending to providc, aeronautical services to the public. For purposes ofthis po,ogroph, the providing of the services at an airport by a single fixed -based operator shall not he construed as an exclusive right i[both of the following apply: a. It would be unreasonably costly. bundcnsnruo, or impractical for more than one fixed -based operator to provide such services, and b. tfallowing more than one tixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indin:cdy, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical ao{ivi{ics_ including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying. air carrier operations. aircraft sales and services, sale of aviation petroleum products whether or not conducted inconjunction vvithothcruuvonouticu|acdvity,rrpairundmeinicnoncc ofaircraft, sale of aircraft parIs. and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport hefore the grant of any assistance under Title 49. United States Code. 24. Fee and Rental Structure. It will rnaintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal sharc of an airport dcvc|opmcnt, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates. and charges for users of that airport. 25. Airport Revenues. a. AII revenues generated by the airport and any Iocal taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport: the local airport system; or other Iocal facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property: or for noise mitigation purposes on oroff the airport. The following exceptions apply to this paragraph: 1) Ifcovenants or assurances in deht obligations issued before September 3. 1982, by the owner or operator of the airport, or provisions enacted before September 3. 1982, in governing statutes controlling the owner or operator's financing. provide for the use of the revenues from any of the airport owner or Airport Sponsor Assurances 3/20w Page owm operator's facilities, including the airport, to suppor not only the airporbut also the airport owner or operators general debt obligationsions or other facilities. then this limitation on the use oFall revenues generated by the airport (and, in the case ofa public airport. Iocal taxes on aviation fuel) shall not apply. 2) lithe Secretary approves the sale ofu privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use ofafl revenues generated hy the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner ofan amount equal to the remaining unamortized portion (amortized over a 20 -year period) ofany airport improvement grant made to the private owner t'or any purpose other than land acquisition on or after October 1, 1 996, plus an amount equal to the federal share ofthe current fair market value ofany land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 o[title 4g United States Code), if the FAA determines the airport sponsor meets thc requirements set forth in Sec. 813 of Public Law 112-95. b. As part ofthe annuat audit required under the Single Audit Act of 1984, the sponsor will direct thai the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a). and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision oflaw, including any regulation promulgated by the Secretary or Administrator. c. &nycivi| penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49. United States Code. 26. Reports and Ins It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places ureport o[the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases. operation and use agreements. regulations and other instruments. available for inspection by any duly authorized agent ofthe Secretary upon reasonable request: c. for noise compatibility prograrn projects, make records and documents relating to the project and continued comp|ioncc with the tenno, cnndidonu, and assurances of this grant agreement including deeds. leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and Airport Sponsor Assurances 3zou Page 13 of 20 d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years. an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units o[government and the amount of compensation received for provision of each such service and property. 27. Use by Covernment Aircraft. It will make available alt ofthe facilities of the airport developed with Fderal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at alt times without charge. except, if the use by Government aircraft is uubytanduL charge may be made for a reasonable share, proportional to such use. for the cost of operating and maintaining the facilities used. Unless otherwise determined by the 8ecno1ury, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the 9ecrctury, would unduly interfere with use oFthe landing areas by other authorized aircraft, or during any calendar month that — a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent�hcnc�o', or b. i'he totat number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal (lovcnmnent for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities re!ated to air traffic control. any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt o[a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing 1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; �> the location and nature of alt existing and proposed airport facilities and structures (such as runways. taxiways, aprons. terminal buildings, hangars and Airport Sponsor Assurances 312014 Paw 14 of 20 roads), including all proposed extensions and reductions oE'existing airport facilities; 3) the Iocation ofall existing and proposed nonaviaViaoareas and o[u]|uuisting improvements thereon; and 4) all proposed and existing access points used to taxi aircrafl across the airport's property boundary. Such airport layout plans and each amendrnent, revision, or rnodification thereof. shall be subject to the approval ofthe Secretary which approval shall be evidenced by the signature ofa duly authorized representative o[the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might. in the opinion ofthe Secretary, adversely affect the safety, utility or efficiency ofthe airport. b. IFa change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility. or efficiency of any federally owned, leased. or funded property on or off the airport and which is not in confbrmity with the airport Iayout plan as approved by the Secretary. the owner or operator will, ifrequested. by the Secretary (1) eliminate such adverse effcct in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs ofrestoring such property (or replacement thereof) to the level of safety, uti|ity, efficiency. and cost of operation existing before the unapproved change in the airport or its facilities except in the case of relocation or replacement nfnn existing airport facility due to a change in the Secretary's design standards beyond the control ofthe airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall. on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in. be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grarit. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21. the sponsor will facilitate all progrooms, operate aU facilities. or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. Ifthe sponsor has received a grant (or other federal assistance) for any ofthe sponsor's program or activities, these requirements extend to all ofthe sponsor's prograrns and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, vonovutc, rcmode(, alter or acquire a baci|ity, or part ofa fbci|ity, the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Assuranes 3/2014 ev/5 of 20 3) Real . Where the sponsor receives ugrant orother Federal finanuiu| assistance in the form of, or for the acquisition of real property or an interest in real property. the assurance will extend to rights to space on, over. or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form oL personal property, or real pnopedy, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the foliowing periods: |) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession ofthe property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids. Requests For Proposals for work. or material under this grant agreement and in all proposals for agreements. including airport concessions, regardless of funding source: -The (Name of Spmnown). in accordance with the provisions ofTitle VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §82O0Odto20O0d-4)and the Regulations. hereby notifies alt hidders that it will afflrmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discrirninated against on the grounds of race, color, or national origin in consideration for an award. - e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally - assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list ofthe pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regutations. 3) It will insert non-discrimination contract clauses as a covenant running with the land. in any deed from the United States effecting or recording a transfer of real property, ntructuu:y, use, or irnprovements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race. color. national origin. creed. sex. age. or handicap as a Airport Sponsor Assurances 3/2014 Page mam covenant running with the land, in any future deeds. leases, license, pennits, or similar instruments entered into by the sponsor witli other parties: a) For the subsequent transfer of real property acquired or improved under the applicable activity, project. or program: and b) For the construction or use o1 or access to, space on. ovcr, or under real property acquired mcimproved under the applicable activity, project. mr program. [ It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, oub-rcuipiento, sub -grantees. contractors. subcontractors. consultants, transferees. successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. � It agrees that the lJnited States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations. and this assurance. ]|. Disposal ofLand. a. For land purchased under a grant for airport noise compatibility purposes. including land serving as a noise buffer` it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicabk time. That portion ofthe proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another p'ectetthcoicpnrL or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following. in descending order, (1) reinvestment in an approved noise compatibility prjeuL(2)rcinvcsirnentinun approved project that is eligible for grant funding undorSoction47( 17(c)o[tit|c 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project aithataicpnrt` and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise bufferirig purposes. the lease will not be considered a disposal ofthe land. Revenues derived from SLICIi a lease may be used for an approved airport development pject that would otherwise be eligible for grant funding or any permitted use of airporl revenue. b. For land purchased under a 2rant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose ofsuch land at l'air market value or make available to the Secretary an mnountoqua| to the United States' proportionate share of the fair market value of the land. That portion ofthe proceeds of such disposition which is proportionate to the United States' share ofthecost nfacquisition o[such land will. (1) upon application to the Secretary, be reinvested or transferred to another Airport Sponsor Assurances 3/2mw Page n"/m eligible airport as prescribedhvUe Secretary. The Secretary shall give preference tuthe fh|kowin��indescending order: ()) reinvestment inun approved noise compatibility project. (2) reinvestment in an approved project that is eli'h|m for grant funding under Section 47i|?(e)oftitle 49United States Code, (]) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47||4,47\l5,or4?||7v[Lille 4gUnited States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility p'ec1o&tbutoirport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land. and (2) the revenue from interim uses ofsuch land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31. 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 3 1, |907,was notified bythe operator or owner of the uses of such land. did not object to such use. arid the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition ofsuch land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation ofthe airport. 32. Engineering and Design Services. It will award each contract. or sub -contract for program management, construction management, planning studies. feasibility studies, architectural serviowo, preliminary engineering, design, engineering, ourveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor n[the airport. 33. Foreign Market Restrictions. It will not aflow Funds provided under this grant to be used to fund any projectject which uses any product or service ofa foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers ofthe United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the pjcct in accordance with policies, standards. and specifications approved by the Secretary including. but not limited to the adviso ' ci culars listed in �� the Current FAA /�dvisory[iccu|um Gnr,�|P projects.�� dated..? o°�~°��,��'(thc latest approved version as of this grant offer) and included in this „rant. and in accordance Airport Spunsor Assurances 3/2014 Page m"/zo with applicable state policies. standards, and specifications approved by the Secretary. 35. Relocation and Real Property A*quiaitiwn' a. It will be guided in acquiring real property, to the greatest extent practicable under State law. by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. ltvvi|| provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period ofoftime prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit. to the maximum extent pcacticub|e, intercity buses or other modes of transportation to have access to the airport: hovvovcr, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national oriain or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26. or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition. the sponsor shall not discrirninate on the basis ofracc. color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23. and as approved by DOT. are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall he treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 IJ.S.C. 1001 and/or the PonarunnFraud Civil RomncdicsAct of\9]6(]| U.S.C. 3801). 38. Hangar Construction. the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may irnpose. Airport Sponsor Asur.rnces 3/2014 Page nofm 39. ComAcomxn' a. Ifthe airport owner or operator ofa medium or large hub airport (as detned in section 47102 of title 49. LI.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other racilities at that airport in order to aIow the air can-icr to provide scrvice to the airport or to expand service at the uirpu,t. the airport owner or operator shall transmit a report to the Secretary that- |) Describes the requests: 2) Provides an expPanation as to why the requests could not be accommodated: and 3) Provides a time frame within which, if any, the airport will be able to accomrnodate the requests. b. Such report shall be due on either February 1 or August 1 ofeach year if the airport has been unable to accornmodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor ASSUmows am/4 Paw mmm AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of (10/21/14) Second Reading Ordinance for the City Council Meeting of (11/18/14) DATE: TO: October 10, 2014 Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager Wesp@cctexas.com 361-826-3082 Texas State Aquarium Lease Agreement CAPTION: Ordinance authorizing the city manager, or his designee, to execute a lease -purchase and operating agreement including option to purchase with Texas state aquarium association ("TSAA") covering lots a-1, a-3, b, c and d, of the Texas state aquarium subdivision, together with leasehold rights for the adjacent parking areas; in consideration of TSAA maintaining the premises and improvements, operating a public aquarium and related facilities, TSAA's payments on debt service on the 1996 $4.4 million combination tax and revenue certificates of obligation, and TSA's $45 million dollar expansion of the aquarium facility; providing for severance; and providing for publication. PURPOSE: To approve new Texas State Aquarium Lease -Purchase Agreement. BACKGROUND AND FINDINGS: The Texas State Aquarium (TSA) has been operated by the Texas State Aquarium Association (TSAA) since 1990. The TSAA leases the land and improvements for the TSA from the City of Corpus Christi. The current lease will expire in 2020. The TSA will soon embark on a $50 million expansion, the largest in their 24 year history. To enable the TSAA to secure the construction loan that they are seeking to commence construction of the project, a new long term lease is required. Additionally, because the TSAA has invested more than $37 million to date, and plans on spending more than $50 million on their proposed expansion, the TSAA is requesting the option to purchase the aquarium land and improvements from the City. Staff has worked with the TSAA to create a new performance based lease -purchase agreement with mainly the same terms as the existing lease agreement, but with the option to purchase the property based upon performing certain criteria. The main terms of the lease -purchase agreement include: - 50 year lease term - Requirement to operate the facilities as an aquarium - No financial obligation from the City to the TSAA for the aquarium - The TSAA may exercise an option to purchase the land and improvements if the following performance criteria are met: o Level of Investment: The TSAA will be required to spend a minimum of $45 million on the expansion of the aquarium. o Completion of the Expansion Project: The proposed expansion must be completed and open to the public. o Payment of Outstanding Revenue Debt Obligations: The TSAA must complete payment of the outstanding revenue certificates of obligation that the City sold on their behalf (The TSAA has been diligent in meeting this obligation) In addition to these performance based criteria, the following provisions will be placed in the special warranty deed for the property: - A "Right of First Refusal" provides the City an option to repurchase the aquarium property (land and improvements) in the future if desired - A requirement that the TSAA pay the City $14.5 million in the event that the TSAA were to sell the aquarium property in the future - A restrictive covenant on the deed will require that the property be operated as an aquarium for 75 years - A "Reverter Clause" provides that the aquarium property will revert back to the City if the restrictive covenant is violated ALTERNATIVES: Do not approve new lease agreement. OTHER CONSIDERATIONS: The new Lease -Purchase agreement amends, restates and replaces in its entirety the prior Lease and Operating Agreement between the Texas State Aquarium Association and the City of Corpus Christi dated July 5, 2000. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. Item will be approved by Ordinance after two readings that are 28 (twenty eight) days apart. The lease will become effective 61 (sixty-one) days after the second reading of the ordinance by City Council. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Lease -Purchase and Operating Agreement between Texas State Aquarium and City of Corpus Christi Ordinance ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LEASE -PURCHASE AND OPERATING AGREEMENT INCLUDING OPTION TO PURCHASE WITH TEXAS STATE AQUARIUM ASSOCIATION ("TSAA") COVERING LOTS A-1, A-3, B, C AND D, OF THE TEXAS STATE AQUARIUM SUBDIVISION, TOGETHER WITH LEASEHOLD RIGHTS FOR THE ADJACENT PARKING AREAS; IN CONSIDERATION OF TSAA MAINTAINING THE PREMISES AND IMPROVEMENTS, OPERATING A PUBLIC AQUARIUM AND RELATED FACILITIES, TSAA'S PAYMENTS ON DEBT SERVICE ON THE 1996 $4.4 MILLION COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, AND TSA'S $45 MILLION DOLLAR EXPANSION OF THE AQUARIUM FACILITY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a 50 -year lease - Purchase and Operating Agreement including option to purchase with Texas State Aquarium Association covering Lots A-1, A-3, B, C, and D of the Texas State Aquarium Subdivision, together with leasehold rights for the adjacent parking areas in consideration of TSAA's maintaining the premises and improvements, operating a public aquarium and related facilities, TSAA's payments on debt service on the 1996 $4.4 million combination tax and revenue certificates of obligation, and TSAA's $45 million dollar expansion of the current facilities. A copy of the agreement shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This agreement takes effect on the 61st day following final City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Lease -Purchase and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi State of Texas § County of Nueces § This Lease -Purchase and Operating Agreement (the "Lease" or "Lease -Purchase Agreement") amends, restates and replaces in its entirety that prior Lease and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi dated July 5, 2000. Recitals: The Texas State Aquarium Association, a Texas nonprofit corporation ("TSA" or "Lessee"), acting through its duly authorized President and CEO, or designee, ("President"), of 2710 N. Shoreline Blvd., Corpus Christi, Nueces County, Texas, 78402, has constructed and operates a public aquarium (the "Aquarium" as more specifically defined in Section 3) in Corpus Christi, Texas, on a nonprofit basis for multiple public purposes including the education and enjoyment of visitors from inside and outside of Texas, promotion and growth of scientific knowledge, advancement of interest in marine resources and the study thereof, and promotion of interest in the Corpus Christi Bay Area for both business and personal pursuits. The City of Corpus Christi, a Texas home -rule municipal corporation ("City" or "Lessor"), acting through its duly authorized City Manager, or designee, ("City Manager") of 1201 Leopard, Corpus Christi, Nueces County, Texas 78401, is the owner of certain real property in Texas State Aquarium Subdivision on Corpus Christi Beach in Corpus Christi ("Aquarium Property") and on the Rincon Channel ("Sealab Property"). The State Legislature of the State of Texas has designated the Aquarium facility operated by TSA as the official Aquarium of the State of Texas. TSA has operated the Aquarium to deliver the above-mentioned public benefits in a manner reflecting favorably upon both TSA and the City while assuring appropriate accountability for all public monies previously contributed thereto. The City purchased certain property for the Aquarium pursuant to Ordinance No. 19619, adopted on February 2, 1987, which authorized the City to spend up to $1.3 million for the acquisition of certain property, improvement to certain property, and the form of lease for certain property acquired and improved. Further, the City and TSA jointly funded the design of the Aquarium pursuant to Ordinance No. 19764, adopted on June 3, 1987, which authorized the City to spend up to $500,000 on Aquarium design, with TSA to pay for 50% of the design, and all design costs in excess of $1,000,000. The City and TSA entered into a Purchase Agreement, whereby TSA would construct the Aquarium on land it had separately acquired and subsequently convey said land and the completed Aquarium to the City in consideration of the City's paying the purchase price for such completed Aquarium, then the City would lease the property back to TSA along with other property acquired by City for a 20 -year lease term for TSA to operate the Aquarium, authorized by Ordinance No. 019674, adopted on June 15, 1987. The City actually leased the Aquarium Property to TSA by virtue of a lease dated October 5, 1988, authorized by City Ordinance No. 020507 on March 29, 1988, which included a five-year lease on adjacent subsurface area. The City subleased certain parking lots, leased by the City from the Texas Department of Transportation, to TSA with the agreement that TSA would operate the parking lots and pay a portion of the debt service related to construction of the parking lots by virtue of a lease authorized by Ordinance No. 021839, adopted on December 21, 1993. By Agreement of March 20, 1996, authorized by City Council Resolution 022500 on February 27, 1996, TSA conveyed certain additional real property to the City in consideration of TSA revenue -backed Certificates of Obligation ("Certificates") in the amount of $4,400,000. The City and TSA entered into a new 20 -year lease covering all of the above referenced properties by a lease dated July 5, 2000, authorized by City Ordinance No. 024083 on June 27, 2000, providing for the continued occupancy and operation of the Aquarium by TSA until September 5, 2020. The City and TSA also entered into multiple other agreements to acquire and develop the Aquarium, and all such agreements are of public record. TSA desires to expand the Aquarium to construct the Caribbean Building (the "Project"), as more particularly described below, and in order to finance such expansion plans TSA requires a long-term leasehold interest in the Property, and both the City and TSA desire to enter into this Lease -Purchase Agreement to provide the option to purchase and extend the other terms, conditions and provisions of the current lease and operating agreement in order to facilitate such expansion plans and assure the continued maintenance and modernization of the Aquarium on a long-term basis. The City and TSA further desire to provide for the purchase and re -acquisition of the land and improvements comprising the Aquarium by TSA conditioned on the faithful performance by TSA of its obligations under this Lease -Purchase Agreement and continuation of the operation of an aquarium and sea life park for a minimum of fifty (50) years. NOW, THEREFORE, the City and TSA, in consideration of the covenants contained herein, do mutually agree as follows: Agreement: 1. Premises. The City leases to TSA all of the property described in the attached and incorporated Exhibit A, all of City's interest in the Sealab Property described in the attached and 2 incorporated Exhibit B, and all improvements located thereon (collectively called "Aquarium Property" or "Lease Premises") for and in consideration of the covenants and conditions of this Lease. 2. Term. This Lease -Purchase Agreement is for a term of fifty (50) years, commencing on the 61st day after final City Council approval, which is , 2014, and terminating on December 31, 2064. 3. Permitted Use. The Aquarium Property must be used solely as an aquarium and sea life park, herein referred to as either "Aquarium" or "Aquarium Facility"; provided, however, that TSA may operate food, drink, souvenir, and such other concessions as the President may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities. 4. The Project. TSA will finance, design, build, maintain and operate a new Caribbean Journey building (the "Caribbean Building") based on plans and specifications approved by the City Manager of the City (the "Project"). The Project will complement the existing Gulf of Mexico Exhibit Building (the "Gulf of Mexico Building"), in order to further the Aquarium experience in: • Interpreting the unique biodiversity and culture of the Yucatan region; • Utilizing state-of-the-art, immersive, interactive aquarium exhibitions; • Incorporating a multi -sensory 4D -theater experience; • Adding the capacity and building infrastructure to expand the Aquarium's research and conservation programs, guest and event services, and catering capabilities. TSA will be solely responsible for the design, construction and furnishing of the Project and will expend not less than $45 million therefor. TSA has funds available, raised from donors, equal to over one-half of that amount. The remaining amount will be obtained through a loan secured by a leasehold mortgage of the Aquarium Property. 5. TSA Responsibility. TSA shall be exclusively responsible for all planning, design, financing, advertising for bids, choice of contractor, supervision of construction, construction, equipping, stocking, establishment, operation, maintenance, management, and all other activities related to the Aquarium. TSA is not relieved of such responsibility by any approval of the plans and specifications, inspection or approval by City or its agents of the Aquarium or any part thereof or any activity connected therewith, nor by any right of City, under this Lease -Purchase Agreement or otherwise, whether exercised or not, to make any such inspection or approval. Nothing in this Lease shall commit any City funds to pay for any maintenance or improvements to the Aquarium, and nothing herein shall commit the credit of the City for the payment of any obligations incurred by TSA in connection with its operation of the Aquarium and the construction of the Project or any improvements to the Aquarium. 6. Aquarium Operation; Admission. TSA must operate the Aquarium in a businesslike manner at all times. TSA shall furnish and stock the Aquarium with all marine life, exhibits, artifacts, equipment and facilities consistent with a quality aquarium operation. The 3 Aquarium shall be operated by TSA for the use and benefit of the public and must be open during a reasonable portion of the daytime hours of most days of the year; provided however, that TSA may charge a fee for admission to the Aquarium Facility on a nondiscriminatory basis and TSA may fence the Aquarium Property and restrict access. TSA may adopt admission fee rate structures of the type normally adopted by public zoological institutions. 7. Revenues Generated. All funds generated by the operation of the Aquarium and/or private fund raising efforts of TSA shall be used exclusively by TSA for the benefit of programs and facilities supporting the purposes specified in TSA's mission statement or as otherwise allowed under Section 501(c)(3) of the Internal Revenue Code. TSA will use its best efforts during the term of this Lease to raise sufficient funds to fully support the Aquarium. 8. Safety. TSA must operate, inspect, and maintain adequate firefighting and safety systems on the Aquarium Property. 9. Maintenance. At all times during this Lease TSA must keep and maintain in good repair and clean and attractive condition all buildings, improvements, grounds, and personal property on the Aquarium Property, and if any improvement erected on the Aquarium Property for Aquarium purposes is damaged or destroyed, TSA, as soon as the same may be done, must repair or restore the improvement to as good condition and value as existed before such damage or destruction, unless prohibited by law. Until the termination or expiration of this Lease, TSA shall continue to maintain the buildings, improvements, grounds, and personal property in the condition required in the preceding sentence. 10. Pollution of Bay. TSA shall make reasonable efforts to ensure that no pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits), litter, trash, or garbage that originates from the Aquarium Property is allowed to collect in Corpus Christi Bay, Nueces Bay, or neighboring property. TSA shall be solely responsible for any pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits), litter, trash, or garbage that originates from the Aquarium Property. 11. Financial Statements. TSA shall keep strict and accurate books of account and shall deliver to the City's Director of Finance an annual financial statement prepared by an independent certified public accounting firm reflecting financial operations of TSA for such calendar year, no later than May 31 annually. The books of account must be available to City Manager upon request during normal business hours. 12. Transfer of Funds Regarding 1996 Certificates. TSA agrees to pay the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation, and all monies due to the City by TSA to service such Certificates must be delivered to the City's Director of Finance 10 calendar days prior to the due dates shown on the Certificates. 13. Assignment or Sublease. TSA may not assign this Lease nor sublease the Aquarium Property, nor any part thereof, without the prior written consent of the City, except in 4 connection with a permitted leasehold mortgage as provided below. Provided, however, TSA may contract for and/or sublease concessions for the Aquarium and space rent any portion of the facilities for special events, so long as TSA maintains control over such areas and assures that their operation is consistent with this Lease. Provided, further, TSA may sublease dock space to allow tourist boat, water taxi, research and university boat access. 14. Leasehold Mortgages. TSA shall have the right to pledge its rights under this Lease in one or more successive leasehold mortgages to secure any indebtedness borrowed by TSA for the construction of the Project or any subsequent improvements by TSA during the term of this Lease. No more than two leasehold mortgages may be in effect at any time, but the term of any such leasehold mortgages can be renewed, extended and modified from time to time as required by TSA and its lenders. TSA shall provide written notice to the City of any such leasehold mortgages, the name of the lenders and addresses for notice purposes, the loan amount, and the terms of the loans prior to the creation of any such leasehold mortgages. Any such leasehold mortgagees shall be entitled to the rights and benefits as provided in this Lease for any leasehold mortgagee. 15. Sanitation. Garbage and trash must be stored on the Aquarium Property in normal containers or dumpster type containers inside a screened or appropriately landscaped area. Garbage pick-up service must be obtained by TSA on a schedule sufficient to maintain the Aquarium Property in a clean and sanitary condition. 16. Parking. Parking shall be provided pursuant to one or more leases of the adjacent parking lot subject to the covenants of the Certificates of Obligation issued for construction of the parking lot. The City and TSA agree to negotiate in good faith for the addition of the parking lot to the Aquarium Property during the term of this Lease. The City and TSA will request TxDOT to declare the property that is currently leased from TxDOT, and subleased to TSA for the parking lots, to be surplus property, appraised and conveyed by TxDOT to the City for resale by the City to TSA. 17. Nondiscrimination. TSA is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, sex, disability, or national origin. 18. Inspection. City personnel may enter upon the Aquarium Property, including all improvements thereon, at all times, for purposes of any inspection, repair, fire or police action, and the enforcement of this Lease. 19. Contractor's Insurance. During this Lease, TSA shall require all contractors employed for the construction of the Project, and all other Aquarium improvements or additions, to maintain at the contractor's sole expense (and provide documentation thereof prior to commencement of construction): insurance coverage throughout the construction period in at least the following amounts: (a) commercial general liability insurance, with TSA and City listed as an Additional Insureds. Such coverage must have either a minimum liability limit of $1,000,000 5 per occurrence and $2,000,000 aggregate. Additional Insured Endorsement must be provided with Certificate of Liability Insurance (b) automobile liability insurance, with limits of $1,000,000 combined single limit.; TSA and the City shall be listed as an additional insured on the policy. (c) Workers' Compensation insurance covering all employees of TSA's contractor(s) and subcontractor(s) engaged in any work at or on the Aquarium Property, or TSA's contractor(s) and subcontractor(s) must be a "Certified Self -Insurer" as that term is defined in Chapter 401 of the Texas Labor Code, as it may be amended ("Approved Equivalent"). If an Approved Equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of each contractor and subcontractor policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit 20. Any time such policy is revised, the newest revision becomes the attached and incorporated Exhibit 20. If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation, non -renewal, or material change as set out in Section 20 herein. A waiver of subrogation shall be provided on behalf of TSA and the City; (d) builder's risk insurance written on an all risk basis with valuation at replacement cost for the full value of improvements will be required on construction projects estimated to cost more than Two Hundred Fifty Thousand Dollars ($250,000); (e) performance and payment bonds for the full value of the contract are required on projects estimated to cost more than One Hundred Thousand Dollars ($100,000). 20. Texas State Aquarium Insurance. TSA shall obtain at its own expense: (a) commercial general liability insurance, with City listed as Additional Insured. Such coverage must have minimum liability limit of $1,000,000 per occurrence and $2,000,000 aggregate. (b) automobile liability insurance, with liability limits of $1,000,000 combined single limit The City shall be listed as and additional insured on the policy.; (c) Workers' Compensation insurance or its approved equivalent, covering all employees of TSA engaged in any work at or on the Aquarium Property. If an approved equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of TSA's policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit 20. Any time such policy is revised, the newest revision becomes the attached and incorporated Exhibit 20. If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation, non -renewal, or material change as set out in this Section 20 herein. A waiver of subrogation shall be provided; 6 (d) property insurance, throughout the term of this Operating Lease, in the amount of no less than 80% of the full replacement value of all TSA real and personal property on an "all risk basis" subject to normal and customary exclusions, however, the flood insurance requirement may be limited to the maximum available through the Federal Flood Insurance Program; provided, however, if excess flood insurance is available in the standard insurance market, TSA will provide no less than 50% of the coverage set out above. Further provided, however, that the windstorm insurance requirement may be limited to the maximum available through available markets; provided, however, if excess windstorm insurance is available in the standard insurance market, TSA will provide no less than the 80% coverage set out above. TSA shall provide City Manager with evidence of insurance coverage annually within thirty (30) days of the anniversary of each such insurance policy. Such insurance must contain a provision that it may not be canceled or materially changed or not renewed without thirty days written notice to the City Manager. If TSA fails to maintain such insurance, City may terminate this Lease, or at its option procure such insurance, in which case any monies paid by City must be repaid by TSA upon City Manager's written demand, with interest at the maximum permissible legal rate. TSA shall decide whether to repair, rebuild, or replace any damaged property. If TSA decides to repair, restore, or rebuild, it shall develop plans and specifications as appropriate, and submit them to the City Manager for approval, which approval shall not be unreasonably withheld and shall be granted or denied within thirty (30) days of any request by TSA. If TSA determines not to repair, rebuild, or replace the property, all insurance proceeds remaining after the payment of the indebtedness to any leasehold mortgagee shall be paid to the City up to but not in excess of its unpaid obligations under this Lease. Any excess insurance proceeds may be retained by TSA. Further, TSA shall have the option, but not the requirement, to participate in the City Property Insurance program when such participation is deemed beneficial to the Aquarium. Should this option be exercised, As the named insured on the property policy, TSA shall pay the City for their portion of the insurance coverage billed by the City. Property damage caused by an insurable peril above the established deductibles shall be reported to the City's Risk Management Division. The City shall submit all claims to City's Insurance Agent/Broker who will in turn, notify the necessary property insurance carriers of the damage. The City shall be responsible for the coordination of all claims with the carrier(s). In the event of a large property loss, the City, as the named insured will receive disbursement of payment from the insurance carrier(s) and then disburse accordingly. 21. Indemnity, Hold Harmless and Waiver of Subrogation. TSA agrees to indemnify, defend and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorney's fees, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, TSA's 7 performance under this Lease or TSA's or any of its agents', employees', officers', or invitees' use, operation, or occupancy of the Aquarium Property or the Aquarium. TSA and City shall mutually agree to waive any rights of subrogation to each other as respects insurance claims, injuries, or property damage. TSA shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 22. Access for Individuals With Disabilities. The Aquarium and all improvements thereto must be constructed to be readily accessible to individuals with disabilities and in compliance with all applicable state and federal laws. 23. Utilities. City has made sewer, water, and natural gas service available to the Aquarium Property, at standard rates offered by City for comparable users. TSA must pay for all utility services whether provided by City or another supplier. TSA will make every effort to establish itself as a utility conservation leader, particularly in the area of adaptive water re -use. 24. Compliance With Laws, Permits. In the planning, design, construction, and operation of the Aquarium and future improvements, TSA shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations. All applicable permits and licensees must be obtained by TSA. City shall cooperate in obtaining permits and licenses from other agencies by applying or joining TSA in applying for such where City is a necessary party to the application. TSA shall, however, prepare all documents, information, and materials necessary to support any such application. TSA recognizes that as to City licenses or permits, City must apply its rules in an objective, uniform manner 25. City Financial Contribution. City does not assume, and has no other responsibility whatever for, any financial obligations incurred or created by TSA or its officers, employees or agents, in connection with the planning, design, financing, construction, equipping, stocking, establishment, operation, or other activity relating to the Aquarium, and TSA shall not represent or infer otherwise to any third party. 26. Prior Agreements. The 20 -Year Lease between City and TSA, authorized by Ordinance No. 024083, adopted on June 27, 2000, and dated July 5, 2000, remains in full force and effect, except as inconsistent herewith, until the effective date of this Lease, at which time it expires automatically. All bond covenants and covenants related to the 1996 Tax and Revenue Certificates of Obligation or any other financing that was provided to TSA by City using City's credit, tax base, etc. for the Aquarium remain in full force and effect until said indebtedness is fully retired. All other prior agreements between City and TSA are of no force and effect. 27. Lease Relationship. The parties intend to create a landlord/tenant relationship, and this Lease must be construed conclusively in favor of that relationship. Nothing herein contained may be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of 8 the parties hereto, may be deemed to create any relationship between the parties herein other than that of landlord and tenant. 28. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. In the event any leasehold mortgages are in effect concerning this Lease - Purchase Agreement, such changes or modifications also will be subject to approval by any leasehold mortgagees. 29. Termination of Lease. Upon occurrence of any Event of Default (as defined below), the City may, at its option, in addition to any other remedy or right hereunder by law, give notice to TSA's President, and any leasehold mortgagee for which written notice has been provided to the City pursuant to the terms of this Lease, that unless such Event of Default has been cured as required herein that this Lease shall terminate upon the date specified in the notice, which date will not be earlier than sixty (60) days after the giving of such notice. Each of the following will be deemed an Event of Default: (a) failure to have in effect, at all applicable times, policies of contractor's insurance, liability insurance, workers' compensation insurance or its approved equivalent, and property insurance as required elsewhere herein; (b) intentional, knowing, or fraudulent failure to maintain strict and accurate books of account, or to furnish said books of account to City Manager for inspection, as provided elsewhere herein; (c) abandonment of the Aquarium Property; (d) failure of TSA for a period exceeding 180 days to regularly operate the Aquarium, open to the public, at least five days per week during reasonable business hours; provided, however, that there will be subtracted from such calculation of days any period during which TSA's failure is attributable to acts of God or public enemy, the elements, fire, flood, labor dispute, civil disturbance, or other similar cause beyond TSA's control, without the City Manager's prior written approval as an exception; (e) failure of TSA to correct any default in the performance or observance of any other covenant or condition of this Lease; or (1) in the event any securities issued by the City are outstanding that are conditioned upon TSA's tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, written notice by the Internal Revenue Service that the exemption of the TSA from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 has been finally revoked; provided, however, the parties agree that in the event this Lease is canceled by reason of such loss of tax exemption under such Section 501(c)(3), then, in good faith, the parties will negotiate and execute a lease or management contract which complies with the provisions of 9 the Internal Revenue Code of 1986, as amended, so that the interest on any securities issued by City to acquire the Aquarium will not be subject to federal income taxes. (g) failure to repair or replace, and dedicate a new easement if necessary, that 48 -inch storm water line that Phase II -A of the Aquarium was constructed over, upon the City Manager's written request, all as provided in Section 38 below. (h) Provided, however, that in the event curing any of the above Events of Default would reasonably require more than sixty (60) days, TSA shall have an extension of the time required to cure such Event of Default for so long as City may reasonably determine that TSA is proceeding diligently with curing such Event of Default. 30. Leasehold Mortgagee Rights in Event of Default. If notice has been provided to City of a leasehold mortgage pursuant to the provisions of this Lease and indebtedness remains secured by such leasehold mortgage, this Lease may not be terminated unless and until the City has provided a second notice of default after expiration of the time required for cure under the notice of default provided above and afforded said leasehold mortgagee an additional thirty (30) days to cure any such default in the case of any monetary default and an additional sixty (60) days to cure any such default in the case of any non -monetary default. In any event, this Lease shall not be terminated if a leasehold mortgage is in place with indebtedness outstanding unless the City has afforded said leasehold mortgagee the opportunity to assume and assign this Lease, and arrange for the assumption of this Lease by another qualified tax exempt lessee, pursuant to a foreclosure of the leasehold mortgage or such other rights as said leasehold mortgagee may have and comply with the requirements of this Lease. Such opportunity may require additional time to the notice periods provided above, and for so long as City reasonably determines that the leasehold mortgagee is diligently proceeding with curing any such Event of Default the time for curing the Event of Default shall be extended accordingly. Alternatively, the City may, at its option but without any obligation to do so, pay any remaining indebtedness secured by such leasehold mortgage and terminate this Lease immediately after providing the initial notice of the Event of Default as required above. In any event, the City is under no obligation to pay any such indebtedness, and the full faith and credit of the City is in no way obligated under the terms of this Lease. 31. City's Rights on Termination. Upon termination of this Lease as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, City may take possession of the Aquarium Property either by summary proceedings, or by action at law or in equity, or by force, or otherwise, as City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and will be deemed to be, cumulative of any other rights of the City under law, and the exercise of one will not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy will not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. 32. Effect of Termination or Expiration. Upon termination or expiration of this Lease, the Aquarium Property and all buildings on the Aquarium Property shall become the property of the City; provided that, TSA shall have the right to remove all furnishings and personal property 10 placed in such buildings at TSA expense, at TSA's option, at any time until one hundred eighty days (180) days after termination or expiration of the Lease. If TSA fails to remove such fixtures and personal property within that time period, such property shall become the property of the City. Any City monies payable under this Lease which, at the time of termination or expiration, remain unspent, must be returned to or retained by City and spent by City as it sees fit. 33. Publication Costs. TSA shall pay the cost of publishing in the legal section of the local newspaper any provisions of this Lease required by the City Charter. 34. Taxes and Assessments. (a) In addition to the foregoing sums, TSA shall, as further consideration for this Lease, pay and discharge all ad valorem taxes, general and special assessments, and other charges of every description which during the term of this Lease may be levied on or assessed against the Lease Premises, including all interests therein, improvements thereto, or property thereon, whether belonging to the City or TSA or to which either of them may become liable in relation thereto. (b) Timely Payment by TSA. TSA agrees to and shall pay all the foregoing ad valorem taxes, if any, assessments and charges not less than twenty (20) days prior to the delinquency thereof, and give written notice of such to Lessor within five (5) days after such payment is made. (c) Advance by Lessor. If Lessee fails to pay any such ad valorem taxes or assessments or fails to give written notice of any payment thereof at least ten (10) days prior to the time the same becomes delinquent, the City may, at its option, at any time within or after such ten (10) day period, pay any ad valorem taxes or assessments, together with all penalties and interest which may have been added thereto. Any such amount so paid by Lessor shall become immediately due and payable by TSA to the City, together with interest thereon at the highest rate authorized by law. Any such payment which the City may make pursuant to this Section 34 shall not constitute a waiver of any rights which the City may have under the provisions of this Lease or as provided by law. (d) Tax Exemption. Notwithstanding anything to the contrary in this Section 34, the TSA and the City agree the Lease Premises are exempt from taxation in accordance with the laws of the State of Texas, and that TSA shall have the full right to administratively or judicially challenge any tax or assessment levied or attempted to be levied on the Lease Premises. Save and except to the extent it becomes necessary to pay any tax or assessment to protect the property and security interests of TSA, the City and any assignee, TSA may, in its sole discretion, elect not to pay any tax or assessment until such time as the tax or assessment is determined to be due and owing on the Lease Premises by a final judgment issued by a court of competent jurisdiction. 35. Notices. Any notices provided for under this Lease must be given in writing, to the City, by delivering or mailing the notice as follows: To the City: City Manager City Hall 11 To TSA: P.O. Box 9277 Corpus Christi, Texas 78469-9277 Texas State Aquarium Association 2710 N. Shoreline Blvd. Corpus Christi, Texas, 78402 To Leasehold Mortgagee: [Address to be provided by written notice.] The parties may from time to time designate new addresses for notice purposes by written notice pursuant to this provision. All notices will be deemed delivered on the third day after mailed by prepaid postage in U.S. mail. 36. Captions. Captions employed in this Lease are for convenience only and are not intended to and do not in any way limit or amplify the terms or provisions herein. 37. Future Additions. Both parties to this Lease recognize that improvements to the Aquarium Property may be required from time to time in order to maintain a state of business which produces adequate funds to meet the debt service requirements of this Lease. For interior construction that does not involve a structural change and for incidental exterior construction (e.g. sidewalks, open air structures) the President has the authority to undertake such improvements, subject to compliance with applicable City building codes and regulations, without prior City Manager approval. For interior construction that does involve a structural change, for exterior construction that involves changing the footprint of the existing Aquarium, or for additional structures (e.g. new phases) that are desired by TSA, plans and specifications shall be submitted by TSA to the City Manager for City Manager's approval which will not be unreasonably withheld. 38. Storm Water Line. The parties acknowledge that Phase II -A of the Aquarium facility was constructed over a 48 -inch storm water line that is the major storm drain for the south end of North Beach. The City agreed to continue to maintain the storm drain and water inlet regulator. The parties further acknowledge that parts of the Caribbean Building also may be built over the 48 -inch storm water line. If the storm water line within the Aquarium Property needs to be repaired or replaced, TSA shall pay for all costs associated with repair or replacement, including granting any additional easement needed to relocate the storm water line. The City Manager will make written demand to the President for repair or replacement of the storm water line within the Aquarium Property and set a reasonable time frame to accomplish same. Failure to repair or replace, or at least begin to repair or replace, within the time frame set out by the City Manager is grounds for City to terminate this Lease. City does not warrant the 48 -inch storm water line, and the construction by TSA of any improvements over the 48 -inch storm water line is expressly at its own risk. 39. Representations; Cooperation. TSA acknowledges and agrees that the Aquarium Property and all improvements thereon, or to be constructed thereon, are leased by City to TSA, and are accepted by TSA "AS IS", in their current condition and appearance, and without any warranties by City, expressed or implied, with respect to appearance, condition, defects, 12 habitability, fitness for any specific purpose, or the availability of access. TSA agrees that TSA is not relying and will not rely on any statement, covenant, representation, or warranty pertaining to any of the matters described in this paragraph which is not expressly set forth in this Lease. City and TSA shall cooperate to enforce all warranties and causes of action available to either party against third parties arising out of or in any way related to this Lease. 40. Options to Purchase. In consideration of the timely performance by TSA of each and all of its obligations pursuant to this Lease -Purchase Agreement, including, but not limited to, the financing, design and construction of the Project in compliance with Section 4 above, the payment of all the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation in compliance with Section 12 above, TSA shall have the option to purchase the City's interest in this Lease and the Lease Premises, as follows: (a) Option to Purchase at Expiration of Lease Term. Upon the expiration of this Lease -Purchase Agreement and TSA having timely performed all of its obligations under this Lease -Purchase Agreement as above provided, TSA shall have the option to purchase the City's interest in this Lease and the Lease Premises for the additional sum of Ten Dollars ($10.00), provided: (i) Lessee is not in default under the Lease; (ii) Lessee gives notice to the City of its intention to exercise this option within sixty (60) days from the expiration date of this Lease, and (iii) City is provided a Special Warranty Deed, containing the provisions set forth in Section 41 below and in form and content otherwise acceptable to the City, with directions for delivery of the Special Warranty Deed by the City to TSA; and (iv) Lessee complies with all applicable laws concerning acquisition of the Lease Premises. (b) Early Option to Purchase. In consideration of the performance by TSA of all of its obligations under this Lease -Purchase Agreement and the payment to City in full of the funds required to be paid under this Lease, TSA shall have the option to purchase the Lease Premises from City upon the terms and conditions set forth in this subsection 40(b). This early option to purchase may be exercised any time after the expiration of ten (10) years from the effective date of this Lease or on an earlier date after TSA has completed the payment of the debt service required under Section 12 above, completed construction of the Caribbean Building Project as required under Section 4 above, and performed all covenants and conditions of this Lease -Purchase Agreement in a manner satisfactory to the City. TSA may exercise this option by providing at least sixty (60) days' written notice to City of its intention to exercise the option on the following terms: The consideration for the sale shall be the payments and performance above provided and the additional sum of $100.00, and TSA's acceptance of a covenant running with the land, as provided in Section 41 below, to continue the operation of the Aquarium Property as an aquarium and sea life park in the manner required under Section 3 above. 13 ii. Any survey, title insurance, title searches or similar closing expenses shall be at the sole cost and expense of TSA. iii. Closing of the purchase and re -acquisition of the Aquarium Property shall occur at the offices of a title company selected by TSA or at City's offices as designated in the notice of exercise of the option provided by TSA. iv. The Aquarium Property shall be conveyed by City to TSA "AS IS" in its then existing condition, subject to those matters of record as set forth in the deeds obtained by City when it acquired the Aquarium Property, without any warranties or representations of City whatsoever except for the limited warranty of title provided in the form of special warranty deed promulgated by the State Bar of Texas. v. No brokerage fees or commissions shall be due or owing to any party arising from the transaction. vi. The Aquarium Property conveyed specifically shall exclude any parking lots being leased by City from the State of Texas and subleased to TSA vii. The Lease Premises will be conveyed to TSA by the City by a Special Warranty Deed containing the provisions set forth in Section 41 below, and in form and content otherwise acceptable to the City. Upon the closing of the purchase under either of Subsection 40(a) or 40(b), this Lease shall terminate and be of no further force or effect, and the parties shall be released from all obligations hereunder; provided that, TSA shall have the continuing obligation to fund, operate and maintain the Lease Premises for the purposes set forth in this Lease, as provided in this Lease, and nothing in this section shall be construed as releasing TSA from its obligations under the deed to continue operation of an aquarium and sea life park as provided above. 41. Special Warranty Deed. Upon TSA's exercising its option to purchase in compliance with the terms and conditions of this Lease -Purchase Agreement, the City shall convey the Lease Premises to TSA by Special Warranty Deed. In addition to other terms and conditions acceptable to the City, the Special Warranty Deed shall contain and include the following provisions: (a) Right of First Refusal. If TSA shall decide to sell the above described property to a third party on established terms and conditions acceptable to TSA, TSA shall first offer the property to the City for the price and on the same terms and conditions as are offered by the third party. The City shall have ninety (90) days from the date of the offer to the City in which to accept or reject the offer. In connection with any such exercise of this right of first refusal by the City, the City shall be entitled to a credit against the purchase price equal to the $14,500,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium. This right of first refusal shall inure to the benefit of City, and the 14 City's successors, representatives, and assigns, and shall continue in full force and effect for a period of seventy-five (75) years from and after December 31, 2014, and at the expiration of that period shall be of no further force or effect. In the event that the City elects not to exercise the right of first refusal, the City shall be repaid the $14,500,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium out of the sales price. Nonetheless, the City Council may agree to subordinate this $14,500,000 repayment obligation to future specified mortgage indebtedness. (b) Subordination to Caribbean Building Mortgage Indebtedness. The obligations of TSA to reimburse the $14,500,000 bond indebtedness to the City shall be expressly subordinate to the obligations for payment of mortgage indebtedness incurred by TSA pursuant to the terms and conditions of this Lease -Purchase Agreement for the construction of the Caribbean Building Project. Such subordination shall be included in the Special Warranty Deed provided above and identify the leasehold mortgages, if any remain in effect at such time, by date and recording information. (c) Restrictive Covenant. The above described property shall be used, occupied and maintained solely as an aquarium and sea life park ("Aquarium"); provided, however, that TSA may operate food, drink, souvenir, and such other concessions as the TSA may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities; and provided further that if the property is damaged by fire, storm or other event beyond TSA's control the TSA shall not be in violation of this Restrictive Covenant so long as TSA is taking such action as is necessary to finance, design, rebuild, reconstruct or repair the damages to the property in a timely manner This restrictive covenant shall expire on December 31, 2089. (d) Utility Easements. The City shall have the right to reserve in the Special Warranty Deed utility easements as needed to accommodate public utilities maintained in areas being conveyed to TSA. (e) (f) Storm Water Line. The obligations of TSA in Section 38 above concerning the 48 - inch storm water line shall be continued in the Special Warranty Deed unless TSA has relocated such storm water line into a new easement without any encroachments of TSA improvements. Reverter Clause. If TSA violates the above and foregoing Restrictive Covenant, after the lapse of sixty (60) days' written notice and the opportunity to cure such violation the ownership and title to above described property and all improvements and fixtures thereon shall revert to the City immediately upon the City giving TSA written notice of reversion. EXECUTED in duplicate originals this day of , 2014, by duly authorized representatives of the parties. 15 Texas State Aquarium Association By: Thomas H. Schmid, President & CEO Attest: City of Corpus Christi, Texas By: By: Rebecca Huerta, City Secretary Ronald L. Olson, City Manager Legal form approved on , 2014. By: Assistant City Attorney Acknowledgements STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the 2014, by Thomas H. Schmid, as President & CEO of the Texas State Aquarium Association, a Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas 16 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the 2014, by Ronald L. Olson, as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Exhibit 1 Actions related to land acquisition for Aquarium: 30 year lease from Port Authority of Corpus Christi, authorized by Ordinance No. 19619 on January 27, 1987 Resolution authorizing the condemnation of 8 tracts, authorized by Resolution 20214 on February 16, 1988 Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA Closing and abandoning N. Shoreline from Canal Street to 200 feet North of Bennett Street, portions of Canal Street, Surfside, and Bennett Streets, subject to a replat, authorized by Ordinance No. 20244, on March 15, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Acquisition of Parcels 1 and 10, authorized by Motion No. M87-0215 on June 2, 1987 Acquisition of Parcel 12, authorized by Motion No. M87-0284 on August 11, 1987 Acquisition of Parcel 16, authorized by Motion No. M87-0364 on November 3, 1987 Authorizing acquisition of Parcels 2, 3, 4, 5, 6, 7, 8, 11, 15, and 16 by Condemnation by Resolution No. 19941 on August 25, 1987 Acquisition of Parcels 5 and 6, authorized by Motion No. M88-0038 on February 16, 1988 Acquisition of Parcel 7, authorized by Motion No. M88-0055 on March 15, 1988 Acquisition of Parcel 4, authorized by Motion No. M88-0066 on March 22, 1988 Acquisition of Parcels 2 and 3, authorized by Motion No. M88-0120 on May 24, 1988 Acquisition of Parcels 13 and 14, authorized by Resolution 20147 on January 5, 1988 Acquisition of Lots 3, 4, 5, and 6, Block 69, Beach Portion authorized by Resolution No. 20210 on February 16, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Page 1 of 3 Acquisition of Parcel 11, authorized by Motion No. M88-0078 on April 5, 1988 Acquisition of Parcel owned by Helen Royal, authorized by Resolution No. 20346 on June 21, 1988 Actions related to parking Lot A for Aquarium: - Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA 5 year parking lease with TSA for parking lots A, B, C authorized by Ordinance No. 021839 on December 21, 1993 Contact between City and TSA to construct a parking lot, issue Certificates of Obligation, set out payment obligations, etc., authorized by Motion No. M89-0344 on November 28, 1989 Contract between City and Haas Construction Co. for paving streets, parking lots, bus loop, irrigation, and landscaping improvements, authorized by Resolution No. 020852 on December 19, 1989 - Actions related to financing for Aquarium - Ordinance No. 020309 authorizing Tax and Tax Increment Financing Revenue Certificates of Obligation on Ordinance No. 020488 amending Ordinance No. 020309, which authorized Tax and TIF Revenue Certificates of Obligation, on October 4, 1988 Ordinance No. 020166 amending Re -Investment Zone No. 1 contracts with various governmental agencies to provide financing for improvements to Aquarium and the Corpus Christi Museum of Natural History on January 19, 1988 - Resolution 020169 on January 19, 1988 Ordinance No. 019674 authorized a purchase agreement and Management contract which set out duties, rights, obligations of City and TSA to construct and operate the Aquarium on June 15, 1987 Page 2 of 3 Actions related to construction in area around Aquarium: Award of construction contract for Waterfront Improvements to Garrett Construction Company, authorized by Motion No. M88-0050 on March 8, 1988. Acceptance of Waterfront Improvements by Garrett Construction Co., authorized by M88-0271 on December 20, 1988. Award a Wastewater Line Construction Project to King Isles, authorized by Motion No. M89-0071 on March 14, 1989. Award an infrastructure contract to King Isles, authorized by Motion No. M89-0226 on August 15, 1989. Award a contract to remove a leaking underground petroleum storage tank to Genesis Environmental, authorized by Motion No. M90-094 on April 10, 1990. Page 3 of 3 Exhibit A Lots A-1, A-3, B, C, & D, Texas State Aquarium Subdivision Exhibit B rl L 41111 7 ST -LW i 7.aLrCbtre TWOM117, ],Deas 1171E Ytiat. J#R ;.4i +411 M •v a i • ,4 a FORT i 1 4F CORPUS CHRISTI *UT140IUTT mos STATE AQUARNIrI ASSDCIAI1OH, INC. 2.28 ACRE LEASE 2 of Exhibit 20 I. TEXAS STATE AQUARIUM (TSA) LEASE INSURANCE REQUIREMENTS A. TSA must not commence work under this agreement until it has obtained all insurance required herein and such insurance has been approved by the City. Nor may TSA allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. TSA must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, 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 Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY --OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 PROPERTY INSURANCE 1. All Risk coverage to include Windstorm, Hurricane and Hail and Flood Insurance No less than 80% of full replacement cost coverage for all TSA real and personal property In the event of accidents of any kind, TSA must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. ADDITIONAL REQUIREMENTS A. TSA must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance, then within 10 calendar days after the date the Contract Administrator or his designee requests that TSA sign the contract documents, TSA must provide the Risk Manager with a copy of its certificate of authority to self -insure its workers' compensation coverage, as well as a letter signed by the TSA stating that the certificate of authority to self -insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self -insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then TSA must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Legal Department, P.O. Box 9277, Corpus Christi, TX 78469-9277 - Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by TSA will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". * The name of the project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of change or cancellation is required. C. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. AGENDA MEMORANDUM for the City Council Meeting of October 21, 2014 DATE: October 6, 2014 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson mculbertson@ccredc.com (361) 882-7448 UPDATE TO CITY COUNCIL — Corpus Christi Regional Economic Development Corporation PRESENTER: Name John LaRue BACKGROUND: Title/Position Department Interim Director General CCREDC CCREDC semi-annual presentation to the City Council LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION CCREDC Quarterly Presentation to the City Council Council Presentation October 21, 2014 CCREDCiQuarterly Corpus Christi Update REGIONAL ECONOMIC DEVELOPMENT CORPORATION Corpus Christi Regional Economic Development Corporation Quarterly Update Presented by: John LaRue Interim Director General October 21, 2014 Corpus Christi MSA - PI Corpus Christi Employment by Sector NAREGIONAL ECONOMIC DEVELOPMENT CORPORATION Sector Aug 14 Aug 13 Aug 12 Aug 11 Aug 10 Aug 09 Total Non -Ag. 192,200 187,200 184,900 177,400 176,500 175,100 Mining, Logging, & Const. 25,600 24,100 22,700 20,000 19,100 18,700 Manufacturing 9,800 9,800 10,000 9,600 9,300 9,700 Trade, Trans, and Utilities 34,400 34,000 32,900 31,300 31,500 31,400 Information 2,100 2,100 2,100 2,000 2,100 2,300 Financial Activities 8,000 7,900 7,700 7,400 7,300 7,600 Prof and Bus Services 15,700 15,600 15,500 14,700 15,200 14,900 Educ. and Health Services 30,200 29,700 30,700 31,500 31,000 29,800 Leisure and Hospitality 26,600 24,800 24,000 22,000 21,200 21,800 Other Services 8,200 7,800 7,800 7,100 6,900 7,000 Government 31,600 31,400 31,500 31,800 32,900 31,900 Corpus Christi MSA Business Attraction 4 REGIONAL ECONOMIC DEVELOPMENT CORPORATION Corpus Christi Activity Update New Projects This Quarter: Current Active Projects: Potential Jobs: Potential Investment: 8 18 2,022 $6.58 B Quarter YTD Project Site Visits This Quarter: 16 56 Marketing Trips This Quarter: 1 6 Site Selectors This Quarter: 14 54 Target Companies This Quarter: 6 36 Corpus Christi MSA Existing Industries 4 REGIONAL ECONOMIC DEVELOPMENT CORPORATION Corpus Christi Activity Update New Projects this Quarter: Current Active Projects YTD: Potential Jobs: Potential Investment: 1 17 961 $1.6 B Quarter YTD Existing Industry Visits This Quarter: 28 72 Existing Industries Assisted (non -projects) This Quarter: 16 41 Notes 17 Corpus Christi 11WorREGIONAL ECONOMIC DEVELOPMENT CORPORATION If you ever wondered how many agricultural workers there are in the Corpus Christi MSA the answer is 650. The EDC has successfully worked on projects totaling $15.35 billion of investment to the region and another $5.0 billion to the City of Corpus Christi including both within the city limits and in the industrial district. With a total investment of $20.35 billion in the Corpus Christi MSA. If the City's funding of the EDC is considered an investment, the ROI for the City from 2005 to 2013 was 481% . Corpus Christi MSA Corpus Christi Successes REGIONAL ECONOMIC DEVELOPMENT CORPORATION Questions? AGENDA MEMORANDUM City Council Meeting of October 21, 2014 DATE: October 14, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com 826-3897 FROM: Valerie Gray, P.E. Interim Executive Director of Public Works ValerieG@cctexas.com 361-826-3729 UPDATE TO CITY COUNCIL TxDOT Yearly Presentation STAFF PRESENTER(S): Name 1. Valerie Gray, P.E. OUTSIDE PRESENTER(S): Title/Position Director of Street Services Department Street Services Lonnie J. Gregorcyk, P.E. District Engineer - Corpus Christi District TxDOT BACKGROUND: This is a yearly City Council update on Texas Department of Transportation (TxDOT) Corpus Christi District projects. LIST OF SUPPORTING DOCUMENTS: Presentation will be provided at the meeting. AGENDA MEMORANDUM for the City Council Meeting of 10/21/14 DATE: TO: October 13, 2014 Ronald L. Olson, City Manager FROM: Andres Leal, Jr., P.E. AndyL@cctexas.com 361-826-1957 UPDATE TO CITY COUNCIL SPMP Year 1 Update & SPMP Year 2 Work Plan STAFF PRESENTER(S): Name 1. Valerie H. Gray 2. Andres Leal, Jr. 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Department Interim Exec. Director Public Works Interim Director Street Operations Title/Position Organization BACKGROUND: Staff will be providing an update on Year 1 of the Street Preventative Maintenance Program (SPMP) and will review the Year 2 Work Plan. SPMP Work Plans must be approved by City Council prior to execution. LIST OF SUPPORTING DOCUMENTS: Year 2 Work Plan List by Council District Year 2 Work Plan List by Alphabetical Street Listing Year 2 City Seal Coat Work Plan Location Map of Year 2 Work Plan, Year 1 Work Plan and Bond Projects PowerPoint Presentation Street Preventative Maintenance Program (BPMF) Year 1 Update Year 2 Work Plan Council Presentation October 21, 2014 SPMP Year 1 Update - OVERLAYS 300,000 250,000 200,000 150,000 100,000 50,000 1 #1 #2 #3 #4 #5 Total Delivery Order (DO) II Total SY ■ SY Complete SY in Progress OVERLAYS SY SY in % DO Total SY Complete Progress Complete #1 45,741 45,741 0 100% #2 57,228 57,228 0 100% #3 69,032 45,727 23,306 66% #4 48,328 - 0 0% #5 43,877 - 0 0% Total 264,207 148,696 23,306 56% 264,207 Total SY Total length — 74,805 ft or 14.1 miles As of October 6, 2014 SPMP Year 1 Update - SEAL COATS 450,000 400,000 yl 350,000 • 300,000 250,000 • 200,000 • 150,000 Cr Ni 100,000 50,000 1 ./ #1 #2 #3 #4 #5 Total Delivery Order (DO) ■ Total SY ■ SY Complete SY in Progress SEAL COATS SY SY in DO Total SY Complete Progress Complete #1 77,847 77,847 0 100% #2 50,437 40,793 9,644 81% #3 120,533 - 0 0% #4 76,087 - 0 0% #5 106,157 - 0 0% Total 431,061 118,640 9,644 28% (Does not include 350K SY City Seal Coat Work.) 431,061 Total SY Total length —132,718 ft or 25.1 miles As of October 6, 2014 SPMP Year 1 Update 2014 SPMP Work Plan (Year - 1) • As of October 6, 2014 SPMP Year 1 What We've Learned 1. Use GoogleMap aerial view. 2. Keep a list of approved alternative streets. 3. Street selection methodology works well. 4. More inspections, more up -front testing. 5. Resident notification protocol works. 6. Able to update striping in accordance with Transportation Plan. 7. Utility coordination working well.* *Only two streets have needed water or wastewater utility work. SPMP Year 1 Overlay Baldwin & Cheyenne Waldron @ Fawn SPMP Year 1 Overlay Graham & Meeks Nineteenth & Hospital SPMP Year 1 Overlay Sabinas Niagara SPMP Year 1 Seal S. Port & Alamo Alameda & Glenmore SPMP Year 1 Seal Eighteenth & McKenzie Angela & Bloomington SPMP Year 1 Seal Timber Crest Spring Brook 11 SPMP Street Selection Criteria (Presented 11/19/2013) 1. Work based on Pavement Condition Index (PCI) scores: 1. Approximately 56 for Overlays and 71 for Seal Coat 2. Work the ones closest to 56 and 71 first 2. Distribute by District based on Capital Assets needing Maintenance (% of Network) 3. Distribute by Street Classification (Residential, Collectors & Arterials) based on Capital Assets (% of Network) 4. Coordinate work for Residential by Neighborhood and initial subdivision construction dates 5. Distribute work by percentage of Overlay and Seal Coats 6. Prioritize by traffic loads causing potential premature failure of roadway 12 SPMP Requirements & Year 2 Work Plan Comparison Maintenance Requirements by District Dist. 5 22% Dist. 4 25% Dist. 1 25% Dist. 2 Dist. 3 16% 2% Maintenance Requirements by Road Classification Collecto 23% 46% 2015 SPMP Work Plan by District 2015 SPMP Work Plan by Road Classification Arterial; 23% Collector; 24% Target percentages based on Square Yards of Pavement in each District/Category relative to the total City System. SPMP Year 2 Map 2015 SPMP Work Plan (Year - 2) 44 e SPMP Year 2 Schedule • Evaluation, selection, preparation of SPMP YR 2 Mar. 2014 — Sept. 2014 • SPMP YR 2 Work Plan Presentation Oct. 21, 2014 • SPMP YR 2 Work - Plan Council Approved Resolution Oct. 28, 2014 • Contract to develop DOs for SPMP YR 2 to Council Oct. 28, 2014 • Council approves Contract to develop YR 2 DOs Nov. 11, 2014 • Development of YR 2 DOs Nov. 2014 — Dec. 2014 • Begin construction work — YR 2 SPMP 1st Quarter 2015 15 SPMP Year 2 Work Plan Extending the life of our streets. STREET .G17y Op PREVENTATIVE �+ MAINTENANCE PROGRAM 7O STs 1Q.Cif'EMENT PLAN. 16 SPMP Requirements & Year 2 Work Plan /w City Seals Maintenance Requirements by District Dist. 5 22% Dist. 4 25% Dist. 1 25% Dist. 2 12% Dist. 3 16% Maintenance Requirements by Road Classification Arterial 31% Local 2015 SPMP Work Plan by District w/City Seals DIST5; 17% D I ST4; 26% DIST1; 24% D I ST2; 17% 2015 SPMP Work Plan by Road Classification w/City Seals Arterial; 30% Collector; 19% Local; 51% Target percentages based on Square Yards of Pavement in each District/Category relative to the total City System. 17 Resolution approving the concepts, direction, and general work plan for the second year of the Street Preventative Maintenance Program (SPMP) -- the "2015 SPMP Work Plan WHEREAS, on June 25, 2013, by Ordinance No. 029876 and Ordinance No. 029877,the City Council ( a) established a Street Preventative Maintenance Program ( SPMP) and Street Maintenance Fee ( SMF); and ( b) established policies, rates, and methodologies for the SPMP and SMF, respectively, and amended and codified the two ordinances under Sections 10 through 20 of Ordinance No. 029917; WHEREAS, under the "Definitions" section of the above Ordinances (a) Director means the City Manager or designee; (b) Street Preventative Maintenance Program ( SPMP) means the street preventative maintenance program, as amended from time to time, funded by the Street Maintenance Fee; and ( c) Street System means the structures, streets, rights-of-way, bridges, alleys, and other facilities within city limits that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities; and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program; WHEREAS, Section 11 of Ordinance No. 029877, titled "Rules," provides that the Director is responsible for administration of the SPMP and SMF, developing all rules and procedures necessary to administer the SPMP and SMF, developing all maintenance programs, and establishing Street System criteria and standards for the operation and maintenance of the Street System; WHEREAS, pursuant to Section 11, staff had developed certain concepts, direction, selection criteria, and a general work plan for the initial year of the SPMP (the 2014 SPMP Work Plan (Year- 1)); WHEREAS, on November 19, 2013 staff presented to Council a summary of the concepts, direction, selection criteria, and general work plan for the initial year of the SPMP -- the 2014 SPMP Work Plan (Year- 1); WHEREAS, on December 17, 2013, by Resolution No. 030046, the City Council approved of, declared support for, and directed staff to proceed with implementing the SPMP -- the 2014 SPMP Work Plan (Year- 1); WHEREAS, staff now presents for approval the Street Preventative Maintenance Program (SPMP) "the 2015 SPMP Work Plan (Year - 2); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports, and directs staff to proceed with implementing the concepts, direction, selection criteria, and general work plan for the second year of the Street Preventative Maintenance Program (SPMP) referred to as "the 2015 SPMP Work Plan (Year - 2)." The 2015 SPMP Work Plan (Year — 2) is attached as Exhibit A hereto. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor J:\Street Dept\Street Improvement Plan\SPMP\Year 2\Council Meeting (10-21-14)\Resolution - SPMP Work Plan - Year 2 2015.docx Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott J:\Street Dept\Street Improvement Plan\SPMP\Year 2\Council Meeting (10-21-14)\Resolution - SPMP Work Plan - Year 2 2015.docx EXHIBIT A SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Overlay 14TH HANCOCK BUFORD Local 55 DIST1 428 24 1,141 Overlay 14TH MCKENZIE AYERS Local 54 DIST2 838 24 2235 Overlay 14TH ELIZABETH MCKENZIE Local 54 DIST2 845 24 2253 Overlay 19TH BUFORD HANCOCK Collector 55 DIST1 441 38 1,862 Overlay 23RD MORRIS COLEMAN Local 54 DIST1 280 24 747 Overlay 23RD RUTH BUFORD Local 54 DIST1 755 24 2,013 Overlay 23RD MARY MORRIS Local 54 DIST1 330 24 880 Overlay AGNES CARRIZO KING Arterial 55 DIST1 429 41 1,954 Seal Coat AGNES CARANCAHUA CHAPARRAL Arterial 70 DIST1 950 15 1,583 Seal Coat AGNES STAPLES S. ALAMEDA S. Arterial 75 DIST1 450 41 2,050 Seal Coat AGNES ALAMEDA S. TENTH Arterial 75 DIST1 470 41 2,141 Seal Coat AGNES TENTH TWELFTH Arterial 75 DIST1 460 41 2,096 Seal Coat AGNES TWELFTH BROWNLEE Arterial 75 DIST1 460 41 2,096 Seal Coat AIRLINE MC ARDLE BELMEADE Arterial 70 DIST4 970 64 6,898 Seal Coat AIRLINE BELMEADE KIMBROUGH Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE KIMBROUGH RILEY Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE RILEY LUCILLE Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE LUCILLE NORVEL Arterial 70 DIST4 300 64 2,133 Seal Coat AIRLINE NORVEL SHAMROCK Arterial 70 DIST4 280 64 1,991 Seal Coat AIRLINE SHAMROCK HUGO Arterial 70 DIST4 300 64 2,133 Seal Coat AIRLINE HUGO GOLLIHAR Arterial 70 DIST4 350 64 2,489 Seal Coat AIRLINE BEECHWOOD ORANGEWOOD Arterial 72 DIST5 230 58 1,482 Seal Coat AIRLINE ORANGEWOOD BIRCHWOOD Arterial 72 DIST5 230 58 1,482 Seal Coat AIRLINE BIRCHWOOD WILLIAMS DR Arterial 72 DIST5 340 58 2,191 Seal Coat AIRLINE WILLIAMS DR PADRE ISLAND DR Arterial 75 DIST5 1070 67 7,966 Seal Coat ALAMEDA GLENMORE HOMECREST Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA HOMECREST CLAREMORE Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA CLAREMORE UNIVERSITY Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA UNIVERSITY PALMETTO Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA PALMETTO HAROLDSON Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA HAROLDSON TROY Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA TROY POENISCH Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA BELLEVIEW RONSON Arterial 70 DIST4 300 62 2,067 Seal Coat ALLEY PALO ALTO POWER Local 75 DIST1 346 16 615 Seal Coat ALLEY SINCLAIR ROSSITER Local 70 DIST4 845 10 939 Seal Coat ALLEY ARGONNE BARHART Local 75 DIST4 460 16 818 Seal Coat ALLEY BRINTTANY ARGONNE Local 75 DIST4 465 16 827 Seal Coat ALLEY VETTERS DECATUR Local 75 DIST4 465 16 827 Seal Coat ALTHEA LIPES FICUS Local 72 DIST5 166 24 443 Seal Coat ALTHEA FICUS DEAD END Local 72 DIST5 166 24 443 Seal Coat AQUARIUS DAS MARINAS SKYSAIL Collector 71 DIST4 816 36 3264 Seal Coat AVENIDA DE SAN NICO VERDEMAR VILLA MARIA IS. Local 74 DIST4 945 20 2,100 Seal Coat AYERS MC ARDLE NEMEC ST. Arterial 75 DIST3 865 50 4,806 Seal Coat AYERS NEMEC ST. PADRE ISLAND DR Arterial 75 DIST3 530 46 2,709 Seal Coat AYERS GOLLIHAR VIOLA Arterial 75 DIST3 410 46 2,096 Seal Coat AYERS VIOLA SUNNYBROOK Arterial 75 DIST3 915 46 4,677 Seal Coat AYERS SUNNYBROOK MANSHEIM Arterial 75 DIST3 645 46 3,297 Overlay BALDWIN OSAGE ROSEWOOD Arterial 55 DIST1 584 56 3,634 Overlay BALDWIN SABINAS ELGIN Arterial 55 DIST1 322 57 2,039 Overlay BALDWIN LAMAR PORT Arterial 55 DIST1 550 57 3,483 Overlay BALDWIN ELGIN GREENWOOD Arterial 55 DIST1 345 56 2,147 Overlay BALDWIN ELGIN ELGIN Arterial 55 DIST1 75 58 483 Overlay BALDWIN GREENWOOD LAMAR Arterial 55 DIST1 266 56 1,655 Seal Coat BALDWIN AYERS GLENDALE Arterial 70 DIST2 310 57 1,963 Seal Coat BALDWIN GLENDALE NAPLES Arterial 70 DIST2 1020 57 6,460 Seal Coat BALDWIN NAPLES STAPLES Arterial 70 DIST2 410 57 2,597 Seal Coat BALI MEDITERRANEA DEAD END Local 75 DIST4 1130 24 3,013 Seal Coat BEACH BREAK DEAD END (N) FRONTSIDE DR Local 74 DIST4 280 24 747 Seal Coat BEACH BREAK FRONTSIDE DR BACKSIDE DR Local 74 DIST4 230 24 613 Seal Coat BEACH BREAK BACKSIDE DR DEAD END (S) Local 74 DIST4 280 24 747 Seal Coat BEAUFORT CAPTAIN KIDD DEAD END Local 74 DIST4 1148 24 3,061 Seal Coat BECKWORTH OREGON TRAIL DEAD END Local 75 DIST1 562 24 1499 Overlay BELMEADE RAWLEIGH RONSON Local 55 DIST4 338 37 1390 Overlay BELMEADE AIRLINE BELMEADE Local 55 DIST4 543 37 2232 Overlay BELMEADE DICKENS RAWLEIGH Local 55 DIST4 288 37 1184 Seal Coat BETA PURDUE RD ZUZA WAY Local 73 DIST4 282 24 752 Overlay BIG CYPRUS BAYOU DRY CREEK BED ROCK Local 55 DIST1 1145 24 3,053 Overlay BIG CYPRUS BAYOU BEDROCK DEAD END Local 55 DIST1 245 24 653 Seal Coat BOCA RATON CONGRESSIONAL SEA ISLAND Local 73 DIST5 360 26 1,040 Seal Coat BONITA AYERS ST. ISABEL Local 75 DIST2 340 24 907 Seal Coat BONITA ISABEL FIG Local 75 DIST2 360 24 960 Seal Coat BOWIE SOKOL SANTA ANA Local 75 DIST3 750 24 2,000 Seal Coat BOWSPIRIT CAPTAIN KIDD DEAD END Local 72 DIST4 1138 24 3,035 Overlay BRAWNER ORMUND MELBOURNE Collector 55 DIST2 296 24 789 Overlay BRAWNER WYNWOOD DAYTONA Collector 55 DIST2 210 24 560 Overlay BRAWNER MELBOURNE LEA Collector 55 DIST2 443 24 1181 Seal Coat BRIGHTON ORLEANS VERSAILLES Local 74 DIST4 795 24 2,120 Seal Coat BRIGHTWOOD LINDENWOOD DEAD END (N) Local 72 DIST5 267 24 712 Seal Coat BRIGHTWOOD LINDENWOOD DEAD END (N) Local 72 DIST5 267 24 712 Seal Coat BROOKHAVEN BROOKSIDE U.S.HWY.77 Local 76 DIST1 578 21 1349 Seal Coat BROOKHAVEN MC BURNETT BROOKSIDE Local 76 DIST1 1080 21 2520 Seal Coat BROUGHTON FOLEY LAMONT Local 75 DIST2 190 24 507 1 EXHIBIT A SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat BROUGHTON MC ARDLE FOLEY Local 75 DIST2 1032 24 2,752 Seal Coat BUFORD FOURTEENTH BROWNLEE Local 77 DIST1 340 24 907 Seal Coat CAPERNAUM BARNARD DR DEAD END Local 76 DIST5 332 24 885 Overlay CARLETA SKIPPER VALERIE Local 56 DIST4 315 17 595 Overlay CAROLINE MARSHALL MCNORTON Local 54 DIST1 1143 24 3,048 Overlay CARROLL BRAWNER DALRAIDA Collector 55 DIST2 150 36 600 Overlay CARROLL DALRADIA HOUSTON Collector 55 DIST2 337 36 1348 Seal Coat CASTLE KNOLL CASTLE RIDGE CASTLE RIDGE Local 77 DIST1 636 24 1696 Overlay CENTER SHOPPING CENTER DELAINE Local 55 DIST4 140 24 373 Overlay CENTER PEERMAN PASADENA Local 55 DIST4 302 24 805 Overlay CENTER DELAINE JACKSON Local 55 DIST4 225 24 600 Overlay CENTER JACKSON GRANT Local 55 DIST4 261 24 696 Overlay CENTER CATALINA PEERMAN Local 55 DIST4 306 24 816 Overlay CENTER GRANT CATALINA Local 55 DIST4 307 24 819 Overlay CHAMBERLAIN TOPEKA AUSTIN Local 54 DIST2 320 36 1280 Overlay CHAMBERLAIN AUSTIN LAWNVIEW Local 54 DIST2 312 36 1248 Seal Coat CHEYENNE AGNES LOU Collector 78 DIST1 575 24 1,533 Seal Coat CHEYENNE LOU HURON Collector 78 DIST1 650 24 1,733 Seal Coat CHEYENNE HURON CHIPPEWA Collector 78 DIST1 650 24 1,733 Seal Coat CHEYENNE CHIPPEWA NAVAJO Collector 78 DIST1 650 24 1,733 Seal Coat CHINA BERRY HILL CREST BLUEWATER Local 75 DIST3 810 24 2,160 Seal Coat CIMARRON MISTY MEADOW DR WOOLDRIDGE RD. Arterial 78 DIST5 525 58 3,383 Seal Coat CIMARRON WOOLDRIDGE RD. COPPEDGE Arterial 78 DIST5 400 56 2,489 Seal Coat CIMARRON COPPEDGE KRISTIN DR Arterial 78 DIST5 499 56 3,105 Seal Coat CIMARRON KRISTIN BRADLEY Arterial 78 DIST5 272 56 1,692 Overlay CLEARWATER CORAL GABLES SWANSEA Local 59 DIST3 289 26 835 Overlay CLEARWATER SHEA CORAL GABLES Local 59 DIST3 518 26 1,496 Overlay CLEARWATER SWANSEA BRISBANE Local 59 DIST3 356 26 1,028 Overlay CLIFTON BENYS DEAD END Local 59 DIST1 805 24 2,147 Overlay COAHUILA GREENWOOD LOS ROBLES Local 62 DIST3 1238 24 3,301 Overlay COLE THIRD SANTA FE Local 54 DIST2 254 24 677 Overlay COLE SANTA FE LAWNVIEW Local 54 DIST2 636 24 1696 Overlay COLE ALLEY SECOND -OCEAN SECOND Local 54 DIST2 183 24 488 Overlay COLE ALAMEDA BROWNLEE Local 54 DIST2 633 24 1688 Overlay COLE OCEAN ALLEY SECOND -OCEAN Local 54 DIST2 203 24 541 Overlay COLE LAWNVIEW ALAMEDA Local 54 DIST2 925 24 2467 Overlay COLE SECOND THIRD Local 54 DIST2 256 24 683 Overlay COLUMBIA DOMINGO RENEE Collector 39 DIST3 505 24 1,347 Overlay COLUMBIA SPID AMBASSADOR Collector 59 DIST3 870 36 3,480 Overlay COLUMBIA WEST POINT ANITA Collector 39 DIST3 275 24 733 Overlay COLUMBIA AMBASSADOR LINDA VISTA Collector 59 DIST3 365 36 1,460 Overlay COLUMBIA VILLAREAL CLOVER Collector 39 DIST3 282 24 752 Overlay COLUMBIA LINDA VISTA NATIONAL Collector 59 DIST3 440 36 1,760 Overlay COLUMBIA RENEE VILLAREAL Collector 39 DIST3 333 24 888 Overlay COLUMBIA ANITA DOMINGO Collector 39 DIST3 461 24 1,229 Overlay COLUMBIA NATIONAL WEST POINT Collector 59 DIST3 495 36 1,980 Overlay CORTEZ GALVAN BALDWIN Local 54 DIST1 325 24 867 Overlay CORTEZ PINE GALVAN Local 54 DIST1 279 24 744 Overlay CORTEZ CARMEN NAVAJO Local 54 DIST3 240 24 640 Overlay CORTEZ BALDWIN CARMEN Local 54 DIST3 281 24 749 Overlay CREEKMONT BOSTON DEAD END Local 57 DIST5 314 24 837 Seal Coat CREEKSIDE CREEKVIEW DEAD END Local 77 DIST1 725 24 1933 Seal Coat CREST PEBBLE CREST VALLEY CREST WATER Local 75 DIST3 560 36 2,240 Seal Coat CUIPER NAPLES DINN Local 75 DIST2 275 33 1,008 Seal Coat CUIPER DINN CARLTON Local 75 DIST2 275 34 1,039 Seal Coat DAMSEL CHICAGO D.E. SOUTH Local 76 DIST5 450 24 1,200 Seal Coat DEEPDALE CORAL RIDGE PEBBLE BEACH Local 76 DIST5 660 26 1,907 Overlay DENVER DODDRIDGE DEAD END W Local 57 DIST4 742 24 1979 Overlay DENVER WILSHIRE DODDRIDGE Local 57 DIST4 356 24 949 Overlay DENVER JACKSON WILSHIRE Local 57 DIST4 144 24 384 Seal Coat EISENHOWER HALSEY NIMITZ Local 72 DIST2 240 24 640 Seal Coat EISENHOWER MONTGOMERY DUNBAR Local 72 DIST2 240 24 640 Seal Coat EISENHOWER SOLEDAD NOGALES Local 72 DIST2 240 24 640 Seal Coat EISENHOWER BOLIVAR PRESA Local 72 DIST2 240 24 640 Seal Coat EISENHOWER DUNBAR HALSEY Local 72 DIST2 240 24 640 Seal Coat EISENHOWER GUADALUPE TARLTON Local 72 DIST2 240 24 640 Seal Coat EISENHOWER NOGALES GUADALUPE Local 72 DIST2 240 24 640 Seal Coat EISENHOWER PRESA SOLEDAD Local 72 DIST2 240 24 640 Seal Coat EISENHOWER TARLTON WAINWRIGHT Local 72 DIST2 240 24 640 Seal Coat EISENHOWER WAINWRIGHT MONTGOMERY Local 72 DIST2 240 24 640 Seal Coat ELBA GRAND JUNCTION DEAD END (E) Local 75 DIST5 515 24 1,373 Seal Coat ESPLANADE STAPLES 5. PARKWAY DR. Local 76 DIST5 1983 22 4,847 Seal Coat ESPLANADE PARKWAY DR. SPOHN DR Local 76 DIST5 243 22 594 Seal Coat EVERHART STAPLES S. WHAT -A -BURGER WAY Arterial 70 DIST2 175 56 1,089 Seal Coat EVERHART WHAT -A -BURGER WAY BURNEY Arterial 70 DIST2 1000 56 6,222 Seal Coat EVERHART BURNEY JANSSEN Arterial 70 DIST2 480 56 2,987 Seal Coat EVERHART JANSSEN LAMONT Arterial 70 DIST2 315 56 1,960 Seal Coat EVERHART LAMONT MC ARDLE Arterial 70 DIST2 870 56 5,413 Overlay EVERHART SPID WILLIAMS Arterial 60 DIST3 1120 52 6,471 Overlay EVERHART WILLIAMS CURTIS CLARK Arterial 60 DIST3 660 52 3,813 Seal Coat FIJI TRUK DR DEAD END N Local 73 DIST4 150 24 400 Overlay FISK WINNEBAGO XAVIER Local 55 DIST1 464 16 825 2 EXHIBIT A SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat FRONTSIDE BACKSIDE DR BEACH BREAK DR Local 72 DIST4 540 24 1,440 Seal Coat GRAND JUNCTION VALOR DR ELBA CT Collector 77 DIST5 410 36 1,640 Seal Coat GRAND JUNCTION ELBA CT SANDERS DR Collector 77 DIST5 1050 36 4,200 Seal Coat GRAND JUNCTION SANDERS DR EVERHART RD Collector 78 DIST5 1321 40 5,871 Seal Coat GRAND LAKE STARNBERG LAKE BURKHART W. Local 76 DIST5 425 95 4,486 Seal Coat GRAND LAKE BURKHART W. BURKHART E. Local 76 DIST5 100 95 1,056 Seal Coat GRAND LAKE DIJON LAKE LAKE BOLSENA Local 76 DIST5 618 95 6,523 Overlay GREEN ACRE GREEN TREE DEAD END Local 68 DIST3 235 24 627 Overlay GREEN VALLEY GREEN TREE DEAD END W Local 62 DIST3 350 24 933 Seal Coat GREENWOOD PORT AVE. REYNA Arterial 75 DIST1 275 42 1,283 Seal Coat GREENWOOD REYNA STANLEY Arterial 75 DIST1 675 42 3,150 Seal Coat GREENWOOD STANLEY BALDWIN Arterial 75 DIST1 175 42 817 Seal Coat GRENADE STRASBOURG DR WATERFORD DR Local 76 DIST5 158 24 421 Seal Coat GRENADE WATERFORD DR BEAUVAIS DR Local 76 DIST5 458 24 1,221 Seal Coat GUADALUPE RIVER PECOS RIVER WORDWORTH Local 75 DIST1 466 24 1243 Seal Coat GUADALUPE RIVER WOOD RIVER DR. PECOS RIVER Local 75 DIST1 840 24 2240 Seal Coat GUADALUPE RIVER WORDWORTH BALLARD TREE Local 75 DIST1 657 24 1752 Seal Coat GUADALUPE RIVER WHITMAN CIR. GERONIMO Local 75 DIST1 264 24 704 Seal Coat GUINEVERE ROCK CREST DR BISON DR Local 76 DIST5 925 24 2,467 Seal Coat GUINEVERE BISON DR TEMP D.E. Local 76 DIST5 407 24 1,085 Seal Coat GULF BREEZE GULF SPRAY NEAL Local 79 DIST1 365 24 973 Seal Coat GULF BREEZE NEAL HAYES Local 79 DIST1 350 24 933 Seal Coat GULF BREEZE HAYES BEACH Local 79 DIST1 350 24 933 Seal Coat GULF BREEZE BEACH REEF Local 79 DIST1 350 24 933 Seal Coat HALFPENNY BROCKHAMPTON HAMPTON Local 76 DIST5 1135 24 3,027 Seal Coat HALFPENNY DEAD END S BROCKHAMPTON Local 76 DIST5 146 24 389 Overlay HAMPTON DEAD END BROCKHAMPTON Local 54 DIST5 183 24 488 Seal Coat HANDLIN PURDUE RD BREAK POINT Local 73 DIST4 658 24 1,755 Seal Coat HANDLIN BREAK POINT HOMEDALE ST Local 73 DIST4 649 24 1,731 Seal Coat HARVARD PRESCOTT VITEMB Local 71 DIST3 630 24 1,680 Overlay HAUBOURDIN CHARLERO DEAD END Local 55 DIST5 311 24 829 Overlay HEWIT ALLEY HEWIT OCEAN SOUTH HEWIT DR (N -S) Local 59 DIST4 223 36 892 Overlay HEWIT HEWIT DR (N -S) EAST HEWIT ALLEY Local 59 DIST4 787 30 2623 Overlay HEWIT EAST HEWIT ALLEY HEWIT PL Local 59 DIST4 272 30 907 Overlay HEWIT HEWIT WEST HEWIT ALLEY Local 59 DIST4 1212 30 4040 Overlay HEWIT WEST HEWIT ALLEY HEWIT Local 59 DIST4 1888 30 6293 Overlay HEWIT OCEAN ALLEY HEWIT OCEAN SOUTH Local 59 DIST4 347 36 1388 Overlay HEWIT HEWIT PL WEST HEWIT ALLEY Local 59 DIST4 282 30 940 Overlay HEWIT HEWIT DR 5 SANTA FE Local 59 DIST4 433 30 1443 Overlay HEWIT WEST HEWIT ALLEY HEWIT DR 5 Local 59 DIST4 283 30 943 Seal Coat HIGHLAND HIGHLAND AVE. PORT AVE. Local 75 DIST1 150 41 683 Seal Coat HILL CREST CREST WATER CHINA BERRY Local 72 DIST3 270 36 1,080 Seal Coat HILL CREST CHINA BERRY ALLEY Local 72 DIST3 130 36 520 Seal Coat HILL CREST ALLEY SEAHAWK Local 72 DIST3 130 36 520 Seal Coat HILL CREST SEAHAWK ALLEY Local 72 DIST3 130 36 520 Seal Coat HILL CREST RIVER CREST WHITE BIRD Local 72 DIST3 180 36 720 Seal Coat HILLCREST ALLEY RIVER CREST Local 72 DIST3 80 36 320 Seal Coat HOLLYWOOD NESBITT HOLLYWOOD TR Local 74 DIST2 200 28 622 Seal Coat HUDSON PRESCOTT VITEMB Local 71 DIST3 630 24 1,680 Seal Coat HUDSON VITEMB VESTAL Local 71 DIST3 575 24 1,533 Overlay HUSTLIN HORNET IVY WALDRON Local 59 DIST4 996 40 4427 Overlay IMPERIAL HARBOR W. CAUSEWAY DEAD END Local 56 DIST1 686 24 1,829 Seal Coat JAMAICA MEDITERRANEAN ORION Collector 73 DIST4 200 24 533 Seal Coat JAMAICA ORION ANTARES Collector 73 DIST4 230 24 613 Seal Coat JAMAICA ANTARES POLARIS PL Collector 73 DIST4 220 24 587 Seal Coat JAMAICA POLARIS PL PLEIADES PL Collector 73 DIST4 230 24 613 Seal Coat JAMAICA PLEIADES PL VEGA Collector 73 DIST4 230 24 613 Seal Coat JAMAICA VEGA CARRIBEAN Collector 73 DIST4 1540 24 4,107 Seal Coat JESSAMINE BAY BEAN TAMARISK Local 73 DIST4 648 24 1,728 Seal Coat JULIA CR LIPES DEAD END (N) Local 74 DIST5 338 24 901 Seal Coat KAIPO HELD DR WALDRON RD Local 73 DIST4 1286 24 3,429 Overlay KENTNER PARADE BAYSHORE/BAYCLIFF Local 57 DIST4 340 36 1360 Overlay KENTNER BAYSHORE/BAYCLIFF CAPE COD Local 57 DIST4 500 36 2000 Seal Coat KENWOOD FAIRMONT FAIRVIEW Local 74 DIST1 500 30 1667 Overlay KERN KNUCKLE RHINE Local 54 DIST5 709 24 1891 Overlay KERN THAMES KNUCKLE Local 54 DIST5 162 24 432 Overlay KERN KNUCKLE KNUCKLE Local 54 DIST5 140 35 544 Seal Coat KILLARMET KILLARMET DEAD END Local 75 DIST5 160 36 640 Seal Coat KILLARMET CIR W KILLARMET DEAD END Local 75 DIST3 160 36 640 Seal Coat KING PHILLIP COBO DE BARA DEAD END Local 72 DIST4 737 24 1,965 Seal Coat KITTY LIPES BLVD DEAD END Local 75 DIST5 498 24 1,328 Overlay KNICKERBOCKER NAGLE LAGUNA SHORES Collector 56 DIST4 375 18 750 Seal Coat KOSAR STAPLES 5. FLORIDA Collector 75 DIST2 163 45 815 Seal Coat KOSAR FLORIDA YORK Collector 75 DIST2 138 37 567 Overlay LAKE APACHE LAKE SUPERIOR KAW LAKE Local 59 DIST5 164 24 437 Overlay LAKE APACHE LAKE TRAVIS LAKE MICALA Local 59 DIST5 642 24 1712 Overlay LAKE APACHE KAW LAKE LAKE TRAVIS Local 59 DIST5 943 24 2515 Seal Coat LAKE ATHENS PERFECTION LAKE AV SILVER LAKE CT Local 77 DIST1 245 32 871 Overlay LAKE BAYKAL EVERHART EVERHART Local 54 DIST5 1111 24 2963 Seal Coat LAKE SUPERIOR LAKE APACHE VANERN Local 76 DIST5 207 24 552 Seal Coat LAKE SUPERIOR VANERN LAKE TRAVIS Local 76 DIST5 1330 24 3,547 Seal Coat LAKE SUPERIOR LAKE TRAVIS LAKE MICALA Local 76 DIST5 505 24 1,347 3 EXHIBIT A SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat LAKE SUPERIOR LAKE MICALA LAKE WINDERMERE Local 76 DIST5 646 24 1,723 Overlay LANCASTER 146' FROM LEOPARD MUELLER Local 55 DIST1 380 47 1,984 Overlay LANCASTER LEOPARD 146' TOWARDS MUELLER Local 55 DIST1 146 26 422 Seal Coat LAREDO ALAMEDA N. TENTH ST. Arterial 75 DIST1 470 41 2,141 Seal Coat LAREDO TENTH ST. TWELFTH ST. Arterial 75 DIST1 460 41 2,096 Seal Coat LAREDO TWELFTH ST. BROWNLEE Arterial 75 DIST1 460 41 2,096 Seal Coat LAREDO BROWNLEE CROSSTOWN EXPWY Arterial 75 DIST1 400 41 1,822 Seal Coat LAREDO KING ST. STAPLES N. Arterial 75 DIST1 455 41 2,073 Seal Coat LAREDO CARRIZO ST. KING ST. Arterial 75 DIST1 450 41 2,050 Seal Coat LAREDO CARANCAHUA TANCAHUA ST. Local 70 DIST1 448 15 747 Seal Coat LAREDO TANCAHUA ST. LAREDO ST. Local 70 DIST1 488 15 813 Seal Coat LAURELES FORT GRIFFEN DR RANCHO VISTA BLVD (W) Local 72 DIST5 305 24 813 Overlay LEMING OCEAN DENVER Local 60 DIST4 352 26 1017 Overlay LEMING DENVER SANTA FE Local 60 DIST4 1041 26 3007 Overlay LEOPARD TULIP NUECES BAY Arterial 55 DIST1 111 70 863 Overlay LEXINGTON PADRE ISLAND DRIVE 1071' SOUTH OF SPID Collector 56 DIST4 1071 18 2142 Overlay LEXINGTON 649'N OF HECHLAR HECHLAR Collector 56 DIST4 649 22 1586 Overlay LOU HIAWATHA SHAWNEE Local 54 DIST1 304 24 811 Overlay LOU OSAGE MOHAWK Local 54 DIST1 326 24 869 Seal Coat MAC ARTHUR DUNBAR MONTGOMERY Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR GUADALUPE NOGALES Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR HALSEY DUNBAR Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR MONTGOMERY WAINWRIGHT Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR NIMITZ HALSEY Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR NOGALES SOLEDAD Local 72 DIST2 240 26 693 Seal Coat MAC ARTHUR SOLEDAD PRESA Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR TARLTON GUADALUPE Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR WAINWRIGHT TARLTON Local 72 DIST2 240 24 640 Seal Coat MARINA PARK ROAD 22 AMBROSIA Local 72 DIST4 534 24 1,424 Seal Coat MARISSA LEMANS DEAD END Local 72 DIST5 550 24 1,467 Seal Coat MARZBACHER SKIPPER LN. VALERIE Local 72 DIST4 300 20 667 Seal Coat MATTESON YORKTOWN BLVD. DEAD END N. Local 75 DIST4 1325 28 4,122 Overlay MAYO LIMERICK EVERHART Local 58 DIST3 622 24 1,659 Seal Coat McARDLE ANTHONY KASPER Collector 75 DIST2 335 40 1,489 Seal Coat McARDLE KASPER CONCORD Collector 75 DIST2 330 40 1,467 Seal Coat McARDLE CONCORD MONITOR Collector 75 DIST2 330 40 1,467 Seal Coat McARDLE MONITOR KARCHMER Collector 75 DIST2 210 40 933 Seal Coat McARDLE KARCHMER MERRIMAC Collector 77 DIST2 125 40 556 Seal Coat McARDLE MERRIMAC JOAN Collector 77 DIST2 335 40 1,489 Seal Coat McARDLE JOAN URBAN ST. Collector 77 DIST2 330 40 1,467 Seal Coat McARDLE URBAN ST. WEBER RD. Collector 77 DIST2 340 40 1,511 Seal Coat McARDLE WEBER RD. NELL Collector 85 DIST2 305 44 1,491 Seal Coat McARDLE NELL MARION CIR. Collector 85 DIST2 290 40 1,289 Seal Coat McARDLE MARION CIR. JEAN Collector 85 DIST2 290 40 1,289 Seal Coat McARDLE AYRES ARCHER Collector 75 DIST3 325 36 1,300 Seal Coat McARDLE ARCHER BLUNDELL Collector 75 DIST3 350 32 1,244 Seal Coat McARDLE BLUNDELL CHERYL Collector 75 DIST3 350 32 1,244 Seal Coat MEMPHIS PHARAOH DEAD END S Local 74 DIST4 275 24 733 Seal Coat MENDOZA ELVIRA THERESA W Local 78 DIST3 1260 24 3,360 Seal Coat MENDOZA THERESA E COLUMBIA Local 78 DIST3 1050 24 2,800 Overlay MESQUITE BELDEN IH 37 W Collector 55 DIST1 318 36 1,272 Overlay MESQUITE 147' N OF MANN MANN Collector 55 DIST1 147 36 588 Overlay MESQUITE POWER BELDEN Collector 55 DIST1 359 36 1,436 Overlay MESQUITE MANN TWIGG Collector 55 DIST1 216 36 864 Overlay MESQUITE IH 37 E 57' TOWARDS MANN Collector 55 DIST1 57 26 165 Seal Coat MESQUITE FITZGERALD PALO ALTO Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE RESACA FITZGERALD Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE HUGHES RESACA Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE BREWSTER HUGHES Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE HIRSCH BREWSTER Collector 75 DIST1 400 38 1,689 Seal Coat MESQUITE CHAPARRAL HIRSCH Local 75 DIST1 425 28 1322 Overlay MICAH FLOUR BLUFF ISAIAH Local 59 DIST4 190 24 507 Overlay MICHAUX FULTON DEAD END Local 55 DIST5 418 24 1115 Seal Coat MILLBROOK COVEWAY DR COVEWAY DR Local 73 DIST4 1360 27 4,080 Overlay MOBILE ROBBY RHODES Local 55 DIST1 590 16 1,049 Seal Coat MOLINA VILLAREAL BLOOMINGTON Local 74 DIST3 1400 24 3,733 Seal Coat MOLINA BLOOMINGTON HORNE RD Local 74 DIST3 1400 24 3,733 Overlay MONTDIDIER OUTREAU STRASBOURG Local 55 DIST5 355 24 947 Seal Coat MORRIS BROWNLEE TWELFTH Local 77 DIST1 345 24 920 Seal Coat MORRIS FOURTEENTH BROWNLEE Local 77 DIST1 340 24 907 Seal Coat MORRIS FIFTEENTH FOURTEENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS TWELFTH ELEVENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS TENTH ALAMEDA N. Local 77 DIST1 340 24 907 Seal Coat MORRIS ELEVENTH TENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS CROSSTOWN EXPWY FIFTEENTH Local 77 DIST1 280 24 747 Seal Coat MORRIS DEAD END W. CROSSTOWN EXPWY Local 77 DIST1 160 18 320 Overlay MOUNTAIN VIEW LEOPARDS HONEY TRAIL Local 54 DIST1 160 24 427 Overlay MOUNTAIN VIEW HONEY TRAIL MESA Local 54 DIST1 301 24 803 Seal Coat NAPLES LAWNVIEW SANTA FE Local 73 DIST2 660 24 1,760 Seal Coat NAPLES SANTA FE THIRD ST. Local 73 DIST2 290 24 773 Seal Coat NAPLES THIRD ST. OCEAN DR. Local 73 DIST2 775 24 2,067 Overlay NATAL PLUM CORAL VINE TREEBINE Local 56 DIST4 1166 24 3109 4 EXHIBIT A SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat NAVIGATION BEAR LANE GREENTREE Arterial 75 DIST3 1240 24 3,307 Seal Coat NAVY ANCHOR N.A.S. DR. Local 72 DIST4 390 19 823 Seal Coat NAVY ANCHOR N.A.S. DR. Local 72 DIST4 390 19 823 Overlay NEAL ALLEY GULFBREEZE Local 55 DIST1 159 20 353 Overlay NEAL DEAD END GULFBREEZE Local 55 DIST1 188 18 376 Overlay NEAL SURFSIDE ALLEY Local 55 DIST1 159 20 353 Seal Coat NELSON LN WILLIAMS CURTIS CLARK Local 75 DIST3 660 24 1,760 Seal Coat NELSON LN CURTIS CLARK BONNER Local 75 DIST3 665 24 1,773 Seal Coat NELSON LN BONNER CAIN Local 75 DIST3 665 24 1,773 Seal Coat NEPTUNE OMAHA CENTAURIUS Local 78 DIST3 620 24 1,653 Seal Coat NOGALES NIAGARA DEAD END E. Local 73 DIST2 225 18 450 Seal Coat NOGALES SARITA NIAGARA Local 73 DIST2 675 24 1,800 Overlay NUECES JOSEPHINE WHEATLEY Local 56 DIST1 429 24 1,144 Overlay NUECES 150' SW OF WHEATLEY COKE Local 56 DIST1 321 24 856 Overlay NUECES WHEATLEY 150' SW Local 56 DIST1 150 44 733 Seal Coat OAKHURST HMAC-CONC EDGE TIGER LN Local 74 DIST3 720 34 2,720 Overlay OSO VALDEMORILLO CAMPODOLCINO Collector 55 DIST5 556 16 988 Overlay O5O BEAUVAIS VALTOURMANCHE Collector 55 DIST5 1030 16 1831 Overlay 050 TURNAROUND BAR LE DOC Collector 55 DIST5 972 16 1728 Overlay OSO PIEDRABUENA VALDEMORILLO Collector 55 DIST5 578 16 1028 Overlay OSO VALTOURMANCHE PIEDRABUENA Collector 55 DIST5 578 16 1028 Overlay O5O VALTOURMANCHE VALTOURMANCHE Collector 55 DIST5 125 50 694 Overlay 050 CAMPODOLCINO CAMPODOLCINO Collector 55 DIST5 125 50 694 Overlay OSO TURNAROUND TURNAROUND Collector 55 DIST5 53 50 294 Overlay OSO VALDEMORILLO VALDEMORILLO Collector 55 DIST5 125 50 694 Overlay O5O PIEDRABUENA PIEDRABUENA Collector 55 DIST5 125 50 694 Overlay OSO CAMPODOLCINO TURNAROUND Collector 55 DIST5 1038 16 1845 Overlay OSO N STAPLES BEAUVAIS Collector 55 DIST5 358 20 796 Overlay OSO S STAPLES BEAUVAIS Collector 55 DIST5 358 20 796 Seal Coat OUTREAU MONTDIDIER LOVAIN Local 76 DIST5 748 24 1,995 Overlay PARKGREEN CANADIAN WEST MOUNT Local 54 DIST4 842 24 2245 Seal Coat PARKWAY WOOLDRIDGE RD. ESPLANADE DR. Collector 75 DIST5 1232 44 6,023 Seal Coat PATRIOT SANDERS DR VALOR DR Local 73 DIST5 197 24 525 Seal Coat PATRIOT VALOR DR SANDERS DR Local 73 DIST5 1185 24 3,160 Overlay PEOPLES MESQUITE LOWER BROADWAY Collector 55 DIST1 356 34 1,345 Seal Coat PESCADORES PALMIRA CRUISER Local 72 DIST4 492 24 1,312 Overlay PICADILLY WATERFORD LIVERPOOL Local 54 DIST5 812 36 3248 Seal Coat PIERPONT ROSE LEOPARD ST. Local 77 DIST1 650 27 1950 Seal Coat PINEHURST BROADMOOR AUGUSTA DR Local 73 DIST5 470 26 1,358 Seal Coat PORTO FINA PORTO VILLAGEO DEAD END Local 72 DIST4 180 24 480 Seal Coat PORTO VILLAGEO SH -361 VILLA SORIA DR Local 73 DIST4 176 24 469 Seal Coat PORTO VILLAGEO VILLA SORIA DR VILLA PAMPLONA DR Local 73 DIST4 250 24 667 Seal Coat PORTO VILLAGEO VILLA PAMPLONA PORTO FINO CT Local 73 DIST4 250 24 667 Seal Coat PORTO VILLAGEO PORTO FINO CT VILLA CASTELON DR Local 73 DIST4 110 24 293 Seal Coat QUEBEC WOOLDRIDGE ALBERTA CIR Local 72 DIST4 200 24 533 Seal Coat QUEBEC ALBERTA CIR MONTREAL CIR Local 72 DIST4 260 24 693 Seal Coat QUEBEC MONTREAL CIR NEW BRUNSWICK DR Local 72 DIST4 260 24 693 Seal Coat QUEBEC NEW BRUNSWICK DR KITCHENER Local 72 DIST4 130 24 347 Seal Coat QUEBEC KITCHENER OTTAWA CIR Local 72 DIST4 130 24 347 Seal Coat QUEBEC OTTAWA CIR VANCOUVER DR Local 72 DIST4 280 24 747 Seal Coat QUEBEC VANCOUVER DRI ARTIC CIR Local 72 DIST4 240 24 640 Seal Coat QUEBEC ARTIC CIR ERIE DR Local 72 DIST4 130 24 347 Seal Coat QUEBEC ERIE DR WEST MOUNT DR Local 72 DIST4 395 24 1,053 Seal Coat QUEBEC WEST MOUNT DR TORONTO DR Local 72 DIST4 840 24 2,240 Seal Coat REALES CATAMARAN WHITE CAP Local 73 DIST4 212 24 565 Seal Coat REALES WHITE CAP ROYAL FIFTH Local 73 DIST4 578 24 1,541 Overlay RED START BLUE JAY DEAD END Local 56 DIST4 473 24 1261 Seal Coat REGINA CALGARY D.E. Local 74 DIST4 107 24 285 Seal Coat RODD FIELD SARATOGA MANSIONS Arterial 75 DIST5 790 45 3,950 Seal Coat RUTH DOLORES DUNCAN Local 75 DIST1 225 34 850 Seal Coat RUTH ELESA FRANCESCA Local 75 DIST1 225 36 900 Seal Coat RUTH FRANCESCA DOLORES Local 75 DIST1 225 34 850 Seal Coat RUTH ELEANOR ELESA Local 75 DIST1 225 36 900 Seal Coat RUTH HARMON HIGHLAND Local 75 DIST1 200 34 756 Seal Coat RUTH OSAGE ELEANOR Local 75 DIST1 225 24 600 Seal Coat RUTH DUNCAN SUNRISE Local 75 DIST1 600 34 2267 Seal Coat SAN JAVIER SANTA LUCIA DEAD END Local 81 DIST3 123 24 328 Seal Coat SAN SABA CONCHO COMAL Local 75 DIST1 650 24 1733 Seal Coat SASKATOON SASKATCHEWAN DR DEAD END Local 72 DIST4 224 24 597 Overlay SESSIONS LEOPARD JULIANNA Collector 60 DIST1 761 18 1,522 Overlay SESSIONS JULIANNA ASHLEY Collector 60 DIST1 239 18 478 Overlay SESSIONS ASHLEY GRAND TETON Collector 60 DIST1 297 18 594 Overlay SILVER SANDS CANIS PIPER Local 54 DIST4 225 36 900 Overlay SOKOL SEGUIN ROGERIO Collector 56 DIST3 147 32 523 Overlay SOKOL BONHAM BONHAM Collector 56 DIST3 108 32 384 Overlay SOKOL WHARTON ALEJANDRO Collector 56 DIST3 306 32 1,088 Overlay SOKOL ROGERIO WHARTON Collector 56 DIST3 173 32 615 Overlay SOKOL MILAM WHARTON Collector 56 DIST3 171 32 608 Overlay SOKOL ALEJANDRO NAVARRO Collector 56 DIST3 290 32 1,031 Overlay SOKOL BONHAM MILAM Collector 56 DIST3 179 32 636 Overlay SOKOL NAVARRO RICHTER Collector 56 DIST3 151 32 537 Overlay SOKOL WHARTON SEGUIN Collector 56 DIST3 126 32 448 5 EXHIBIT A SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Overlay SOKOL BOWIE BONHAM Collector 56 DIST3 268 32 953 Seal Coat SOUTH FORK MARBLE FALLS DEAD END Local 73 DIST5 413 24 1,101 Seal Coat SOUTHERN MINERALS INTERSTATE 37 HIGHWAY 9 Arterial 70 DIST1 1280 18 2,560 Seal Coat SPANISH WOOD LIPES LINDENWOOD Collector 75 DIST5 490 36 1,960 Seal Coat SPANISH WOOD LINDENWOOD CORSICA Collector 75 DIST5 375 36 1,500 Seal Coat SPANISH WOOD TAPESTRY DEAD END Collector 75 DIST5 141 36 564 Seal Coat ST AGATHA ST.FELICITY D.E. Local 73 DIST4 337 24 899 Seal Coat ST BERNADINE ST. JOSEPH D.E. Local 73 DIST4 460 24 1,227 Overlay ST BERNARD ST. PETER DEAD END Local 55 DIST4 489 24 1304 Seal Coat ST FELICITY ST. PETER ST. PERPETUA Local 75 DIST4 155 24 413 Seal Coat ST FELICITY ST.PERPETUA ST. AGATHA Local 75 DIST4 248 24 661 Seal Coat STAPLES RAMIREZ WEST BROADWAY Local 72 DIST1 390 37 1603 Seal Coat STAPLES CHIPITO RAMIREZ Local 72 DIST1 330 41 1503 Seal Coat STAPLES LOBO CHIPITO Local 72 DIST1 120 37 493 Seal Coat STAPLES LAKE LOBO Local 72 DIST1 350 37 1439 Seal Coat STAPLES WINNEBAGO LAKE Local 72 DIST1 360 37 1480 Overlay STAPLES BALDWIN SEVENTEENTH Arterial 60 DIST2 306 62 2108 Overlay STAPLES SEVENTEENTH NAPLES Arterial 60 DIST2 305 52 1762 Overlay STONY BROOK CEDAR BROOK SPRING BROOK Local 54 DIST5 560 24 1493 Overlay STONY BROOK BOSTON CEDAR BROOK Local 54 DIST5 172 36 688 Overlay SUNBURST SPID SECURITY Local 57 DIST4 670 76 5658 Overlay SWANTNER INDIANA TEXAS Local 58 DIST2 356 39 1543 Overlay SWANTNER OHIO INDIANA Collector 50 DIST2 309 39 1339 Overlay SWANTNER LOUISIANA OHIO Collector 58 DIST2 315 39 1365 Overlay SWANTNER LOUISIANA LOUISIANA Collector 58 DIST2 171 39 741 Overlay TAHITI MEDITERRANEAN DEAD END Local 57 DIST4 1155 20 2567 Overlay TARAFAYA LOVAIN LOVAIN Local 58 DIST5 132 24 352 Overlay TARAFAYA LOVAIN LEMANS Local 58 DIST5 1110 24 2960 Seal Coat TARLTON EISENHOWER GREENWOOD Collector 78 DIST2 250 42 1,167 Seal Coat TARLTON MAC ARTHUR EISENHOWER Collector 78 DIST2 950 42 4,433 Seal Coat TERESA BLOOMINGTON MENDOZA Local 74 DIST3 425 24 1,133 Seal Coat TERESA MENDOZA THERESA W Local 74 DIST3 470 24 1,253 Seal Coat TEXAN ALAMEDA 5 TOPEKA Collector 75 DIST4 335 95 3,536 Seal Coat TEXAN TOPEKA AUSTIN Collector 75 DIST4 320 95 3,378 Seal Coat TEXAN AUSTIN LAWNVIEW Collector 75 DIST4 295 95 3,114 Seal Coat TEXAN LAWNVIEW SANTA FE Collector 75 DIST4 675 95 7,125 Overlay TEXAS 5. STAPLES SWANTNER Collector 55 DIST2 600 36 2400 Seal Coat THOREAU BEAL DEAD END Local 75 DIST1 206 24 549 Overlay TIMBERGATE OPENGATE HEAVEN'S GATE Collector 55 DIST5 468 37 1924 Overlay TIMBERGATE STAPLES OPENGATE Collector 55 DIST5 704 37 2894 Seal Coat TRUK DR TONGA DR FIJI Local 82 DIST4 285 24 760 Seal Coat TRUK DR FIJI LORINE DR Local 82 DIST4 168 24 448 Seal Coat TRUK DR LORINE SANDS Local 82 DIST4 275 24 733 Seal Coat TRUK DR SANDS TINIAN Local 85 DIST4 210 24 560 Overlay TULIA LORINE SANDS Local 55 DIST4 260 18 520 Overlay TUSCARORA OUTPOST SADDLE Local 55 DIST1 352 24 939 Seal Coat TWELFTH LAREDO AGNES Local 75 DIST1 330 37 1357 Seal Coat TWELFTH AGNES MARGUERITE Local 75 DIST1 310 36 1240 Seal Coat TWELFTH MARY MORRIS Local 75 DIST1 330 24 880 Seal Coat TWELFTH MORRIS COLEMAN Local 75 DIST1 330 24 880 Seal Coat UP RIVER FAIRVIEW OLD ROBSTOWN RD Collector 78 DIST1 325 37 1,336 Seal Coat UP RIVER OLIVER LEOPARD Collector 78 DIST1 1040 37 4,276 Seal Coat UP RIVER OLD ROBSTOWN RD OLIVER Collector 78 DIST1 200 37 822 Overlay VENICE LAKE HURON CANYON LAKE Local 58 DIST5 132 36 528 Overlay VENICE CONSTANCE VANERN Local 58 DIST5 216 36 864 Overlay VENICE YORKTOWN LAKE HURON Local 58 DIST5 39 36 156 Overlay VENICE VANERN MEGAL Local 58 DIST5 701 36 2804 Overlay VENICE CANYON LAKE CONSTANCE Local 58 DIST5 128 36 512 Seal Coat VILLA MARIA ISABEL PLAYA DEL RAY AVE.SAN NICO Local 73 DIST4 286 20 636 Seal Coat VILLA MARIA ISABEL AVE.SAN NICO SAND DOLLAR AVE Local 73 DIST4 476 20 1,058 Seal Coat VILLA PAMPLONA DEAD END (W) PORTO VILLAGEO DR Local 72 DIST4 500 24 1,333 Seal Coat VILLA SORIA PORTO VILLAGEO VILLA PAMPLONA DR Local 72 DIST4 150 24 400 Seal Coat VINCENT CUTTYSARK PORTILLO Local 73 DIST4 858 24 2,288 Seal Coat VINCENT PORTILLO GRENADINE Local 73 DIST4 278 24 741 Seal Coat VINCENT GRENADINE CUTTYSARK Local 73 DIST4 270 24 720 Seal Coat WALNUT CAUSEWAY E U.S. HWY. 181 Local 75 DIST1 300 37 1233 Overlay WHATABURGER MILDRED EVERHART Local 55 DIST2 387 36 1548 Seal Coat WILLIAMS BETTY JEAN BURTON Collector 75 DIST3 1320 44 6,453 Seal Coat WILLIAMS BURTON STAPLES S. Collector 75 DIST3 1330 44 6,502 Seal Coat WILLIAMSPORT WHITECAP DEAD END Local 73 DIST4 210 24 560 Seal Coat WILLIAMSPORT WHITECAP DEAD END Local 73 DIST4 190 24 507 Seal Coat WILSON DEAD END E IVY DR Local 73 DIST4 104 24 277 Seal Coat WILSON IVY DR DEAD END W Local 73 DIST4 74 24 197 Overlay WINDMERE PURDUE ORLEANS Local 57 DIST4 300 36 1200 Seal Coat WINDSWEPT LARCADE GLENMOUNT Local 72 DIST3 320 24 853 Seal Coat WINTERS GREENGROVE TOWNSEND Local 74 DIST2 525 28 1,633 Seal Coat WINTERS HOLLYWOOD TR HORNE RD Local 74 DIST2 980 28 3,049 Seal Coat WINTERS TOWNSEND NESBITT Local 74 DIST2 250 28 778 Overlay WOODGATE NORTHGATE HEAVENSGATE Local 59 DIST5 633 24 1688 Overlay WOODLAND CREEK LEOPARD FLAT ROCK CROSSING Collector 55 DIST1 859 36 3,436 Overlay WOODLAND CREEK COLETA CREEK HONDO CREEK Collector 60 DIST1 259 36 1,036 Overlay WOODLAND CREEK HONDO CREEK CRIPPLE CREEK Collector 60 DIST1 255 36 1,020 6 EXHIBIT A SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Overlay WOODLAND CREEK FLAT ROCK CROSSING LORI Collector 41 DIST1 129 36 516 Overlay WOODLAND CREEK CALICHE CREEK EL GATO CREEK Collector 60 DIST1 277 36 1,108 Overlay WOODLAND CREEK LORI CHISPA CREEK Collector 41 DIST1 178 36 712 Overlay WOODLAND CREEK EL GATO CREEK DEAD END Collector 60 DIST1 273 36 1,092 Overlay WOODLAND CREEK CHISPA CREEK COLETA CREEK Collector 41 DIST1 276 36 1,104 Overlay WOODLAND CREEK CRIPPLE CREEK CALICHE CREEK Collector 60 DIST1 317 36 1,268 Overlay WOOLDRIDGE SERVICE RD S STAPLES LOST CREEK Local 55 DIST5 638 18 1276 Seal Coat YARDARM CAPTAIN KIDD DEAD END S Local 72 DIST4 1107 24 2,952 Overlay YORKTOWN AIRLINE RANCHO VISTA Arterial 55 DIST5 723 22 1767 Overlay YORKTOWN RANCHO VISTA FREDS FOLLY Arterial 55 DIST5 1103 22 2696 Overlay YORKTOWN FREDS FOLLY PETERSON Arterial 55 DIST5 1461 22 3571 7 SPMP Year 2 Alternate Streets By District WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat LEOPARD STREET FIVE POINTS TX -407 SPUR ON-RAMP Arterial 69 DIST1 3912 60 26,080 Seal Coat CREEK VIEW DR SHALLOW CREEK DR WOODCREEK DR Local 64 DIST1 270 24 720 Seal Coat CREEK VIEW DR WOODCREEK DR CREEK SIDE DR Local 56 DIST1 270 24 720 Seal Coat CREEK VIEW DR CREEK SIDE DR BARRICADE Local 56 DIST1 135 24 360 Seal Coat XAVIER COURT FISK COKE Local 58 DIST1 1150 15 1,917 Seal Coat BLEVINS ANNAPOLIS FLORIDA Local 61 DIST2 295 28 918 Seal Coat BLEVINS FLORIDA TYLER Local 61 DIST2 339 28 1,055 Seal Coat BLEVINS TYLER LOGAN Local 61 DIST2 376 28 1,170 Seal Coat BLEVINS LOGAN YORK Local 61 DIST2 330 28 1,027 Seal Coat BLEVINS YORK NAPLES Local 61 DIST2 188 28 585 Seal Coat CAIN BREASWOOD ETHERIDGE Local 60 DIST3 698 24 1,861 Seal Coat CAIN ETHERIDGE BRIARWOOD Local 60 DIST3 659 24 1,757 Seal Coat CAIN BRIARWODD STAPLES Local 60 DIST3 445 24 1,187 Seal Coat CONGRESSIONAL SHEA BRISBANE Collector 61 DIST3 1045 36 4,180 Seal Coat ALLEY ALAMEDA KENTNER Local 65 DIST4 1280 14 1,991 Seal Coat OAKDALE WALDRON DEAD END E Local 57 DIST4 1551 18 3,102 Seal Coat GREGORY AIRLINE PHILOMENA Local 62 DIST4 630 26 1,820 Seal Coat HALIFAX OSO PKWY CALGARY Local 58 DIST4 951 24 2,536 Seal Coat OLEANDER ARMIN DENVER Local 61 DIST4 1149 26 3,319 Seal Coat OLEANDER DENVER OCEAN Local 61 DIST4 388 26 1,121 Seal Coat CARIBOU BISON DEAD END Local 59 DIST5 428 24 1,141 Seal Coat CARIBOU BISON MOOSE Local 59 DIST5 590 24 1,573 Seal Coat LOVAIN LEMANS OUTREAU Local 53 DIST5 949 24 2,531 Seal Coat MERGANSER ELDER CANVASBACK Local 57 DIST5 612 24 1,632 Seal Coat MERGANSER CANVASBACK WOOD DUCK Local 57 DIST5 835 36 3,340 8 SPMP Year 2 City Seal Coat Streets WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat BECKWORTH OREGON TRAIL DEAD END Local 75 DIST1 614 24 1637 Seal Coat AGARITO SABINAS ELGIN Local 75 DIST1 391 24 1043 Seal Coat AGARITO 54' NE OF BALDWIN SABINAS Local 75 DIST1 177 24 472 Seal Coat AGARITO BALDWIN 54' NE Local 75 DIST1 54 37 222 Seal Coat BALDWIN CARVER SABINAS Arterial 55 DIST1 390 58 2513 Seal Coat BURKE LEOPARD DEAD END Local 72 DIST1 407 24 1085 Seal Coat DOCKSIDE EXCHEQUER DEAD END Local 76 DIST' 92 24 245 Seal Coat ELK LEOPARD DEER/AUTHER Local 69 DIST1 350 24 933 Seal Coat KALER UP RIVER ROAD RACKLEY Local 75 DIST1 1106 18 2212 Seal Coat KALER RACKLEY PARKING LOT ENTRANCE Local 75 DIST1 60 20 133 Seal Coat LAREDO ALAMEDA STAPLES Arterial 75 DIST1 418 41 1904 Seal Coat LEOPARD BURKE LANCASTER Arterial 75 DIST1 235 75 1958 Seal Coat LEOPARD IRMA MCCAIN Arterial 75 DIST1 260 34 982 Seal Coat LEOPARD MCCAIN HARRINGTON Arterial 75 DIST1 123 48 656 Seal Coat LEOPARD HARRINGTON ROLLING ACRES Arterial 75 DIST1 80 42 373 Seal Coat LEOPARD N HUNTER CATHEAD Arterial 65 DIST1 1796 32 6386 Seal Coat LEOPARD N CATHEAD SPINDLETOP Arterial 65 DIST1 2235 32 7947 Seal Coat LEOPARD N CORN PRODUCTS ALLEY CORN PRODUCTS Arterial 75 DIST1 1166 24 3109 Seal Coat LEOPARD N DIAMOND CUT CORN PRODUCTS Arterial 65 DIST1 3100 32 11022 Seal Coat LEOPARD N SOUTHERN MINERALS DIAMOND CUT Arterial 65 DIST1 2831 40 12582 Seal Coat LIPAN BATTLIN BUC PALM Local 77 DIST1 350 42 1633 Seal Coat MCKINZIE GRANITE PEAK CASTLE RIDGE Collector 76 DIST1 296 36 1184 Seal Coat MCKINZIE CASTLE RIDGE CASTLE VALLEY Collector 76 DIST1 400 36 1600 Seal Coat MCKINZIE SESSIONS GRANITE PEAK Collector 76 DIST1 645 36 2580 Seal Coat NAVIGATION WESTWAY AGNES Arterial 70 DIST1 2837 25 7881 Seal Coat NAVIGATION LEOPARD WESTWAY Arterial 70 DIST1 1242 25 3450 Seal Coat OSAGE CHIPPEWA NAVAJO Local 68 DIST1 585 33 2145 Seal Coat OSAGE NAVAJO HIGHLAND Local 68 DIST1 430 33 1577 Seal Coat OSAGE HIGHLAND MORGAN Local 68 DIST1 160 40 711 Seal Coat RUTH SUNRISE HARMON Local 75 DIST1 413 34 1560 Seal Coat SMITH RIVER VIEW CALALLEN Local 69 DIST1 490 20 1089 Seal Coat TANCAHUA BREWSTER HUGHS Collector 65 DIST1 365 36 1460 Seal Coat WIND ROCK FRONTIER PIONEER Local 65 DIST1 288 36 1152 Seal Coat ALAMEDA COLEMAN COLEMAN Arterial 60 DIST2 88 32 313 Seal Coat ALAMEDA HANCOCK HANCOCK Arterial 65 DIST2 112 34 423 Seal Coat ALAMEDA COLEMAN HANCOCK Arterial 65 DIST2 634 34 2395 Seal Coat ALEXANDER BRENTWOOD CAMBRIDGE Local 69 DIST2 306 240 8160 Seal Coat ALEXANDER DEVON GREEN GROVE Local 69 DIST2 284 24 757 Seal Coat ALEXANDER NAPLES CHRISTIE Local 69 DIST2 290 24 773 Seal Coat ALEXANDER CHRISTIE RAMSEY Local 69 DIST2 290 24 773 Seal Coat ALEXANDER RAMSEY SPRING Local 69 DIST2 290 24 773 Seal Coat ALEXANDER CAMBRIDGE DEVON Local 69 DIST2 347 24 925 Seal Coat ALEXANDER SPRING BRENTWOOD Local 69 DIST2 278 24 741 Seal Coat ALLEY 5 STAPLES SWANTNER LOUISIANA OHIO Local 65 DIST2 290 14 451 Seal Coat AYERS SOUTHGATE FANNIN Arterial 75 DIST2 380 70 2956 Seal Coat BUFORD ELEVENTH TENTH Local 77 DIST2 328 24 875 Seal Coat CRAIG BROWNLEE TWELFTH Local 68 DIST2 323 24 861 Seal Coat CRAIG STAPLES ALLEY STAPLES SEVENTH Local 68 DIST2 140 27 420 Seal Coat CRAIG ALLEY STAPLES ALAMDEA STAPLES Local 68 DIST2 150 27 450 Seal Coat CRAIG TENTH ALAMEDA Local 68 DIST2 353 27 1059 Seal Coat CRAIG ALLEY STAPLES SEVENTH SEVENTH Local 68 DIST2 152 27 456 Seal Coat CRAIG ALAMEDA ALLEY STAPLES ALAMEDA Local 68 DIST2 178 27 534 Seal Coat CRAIG TWELFTH ELEVENTH Local 68 DIST2 338 24 901 Seal Coat CRAIG ELEVENTH TENTH Local 68 DIST2 353 24 941 Seal Coat CUIPER SPRING BRENTWOOD Local 75 DIST2 270 32 960 Seal Coat CUIPER CHRISTIE RAMSEY Local 75 DIST2 287 32 1020 Seal Coat CUIPER NAPLES CHRISTIE Local 75 DIST2 281 32 999 Seal Coat CUIPER RAMSEY SPRING Local 75 DIST2 289 32 1028 Seal Coat HOFFMAN REID ALAMEDA Local 68 DIST2 650 24 1733 Seal Coat HOFFMAN SWANTNER REID Local 68 DIST2 871 24 2323 Seal Coat KOSAR NAPLES YORK Collector 75 DIST2 204 35 793 Seal Coat MAC ARTHUR PRESA BOLIVAR Local 72 DIST2 268 24 715 Seal Coat MAC ARTHUR BOLIVAR BELTON Local 72 DIST2 250 24 667 Seal Coat MAC ARTHUR BELTON BURNET Local 72 DIST2 1177 42 5493 Seal Coat NAPLES FIFTEENTH BROWNLEE Local 68 DIST2 609 24 1624 Seal Coat NAPLES STAPLES FIFTEENTH Local 68 DIST2 263 24 701 Seal Coat PORT SAN JACINTO CLEO Arterial 70 DIST2 287 70 2232 Seal Coat PORT NIMITZ SARITA Arterial 70 DIST2 487 70 3788 Seal Coat PORT CLEO NIMITZ Arterial 70 DIST2 166 70 1291 Seal Coat PORT SARITA NIAGARA Arterial 70 DIST2 641 70 4986 Seal Coat PORT TARLTON GUADALUPE Arterial 70 DIST2 216 70 1680 Seal Coat PORT NIAGARA TARLTON Arterial 70 DIST2 387 70 3010 Seal Coat RAMSEY W BRAWNER S BRAWNER N Collector 65 DIST2 140 28 436 Seal Coat STAPLES CASA LINDA STAPLES Arterial 68 DIST2 254 21 593 Seal Coat STAPLES TEXAN CASA LINDA Arterial 70 DIST2 684 18 1368 Seal Coat STROM ZUZA KAZIMIR Local 74 DIST2 400 24 1067 Seal Coat WEBER SPID ALLEY SPID DELPHINE Arterial 70 DIST2 197 57 1248 Seal Coat WEBER DELPHINE MCARDLE Arterial 70 DIST2 844 57 5345 Seal Coat WEBER ALLEY SPID DELPHINE DELPHINE Arterial 70 DIST2 167 57 1058 Seal Coat MAHAN KOSTORYZ HAKEL Local 77 DIST3 541 25 1503 Seal Coat ACAPULCO LOS ROBLES BUENOS AIRES Local 69 DIST3 1134 24 3024 Seal Coat AYERS MCARDLE 455' N TO MANSHEIM Arterial 75 DIST3 455 62 3134 1 SPMP Year 2 City Seal Coat Streets WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat AYERS 455' N OF MCARDLE MANSHEIM Arterial 75 DIST3 212 52 1225 Seal Coat BARRERA WEST POINT LINDA VISTA Local 68 DIST3 753 25 2092 Seal Coat BARRERA BLOOMINGTON VILLAREAL Local 72 DIST3 1336 24 3563 Seal Coat BARRERA VILLAREAL WEST POINT Local 68 DIST3 1352 24 3605 Seal Coat GREEN WILLOW GREEN TREE DEAD END Local 69 DIST3 429 24 1144 Seal Coat MORGAN SHAWNEE HIAWATHA Arterial 75 DIST3 327 58 2107 Seal Coat MORGAN PUEBLO SHAWNEE Arterial 75 DIST3 287 58 1850 Seal Coat MORGAN GUATEMOZIN BALBOA Arterial 75 DIST3 505 58 3254 Seal Coat MORGAN BALBOA PUEBLO Arterial 75 DIST3 289 58 1862 Seal Coat SEAHAWK HILL CREST BLUE WATER Local 68 DIST3 740 24 1973 Seal Coat SULLIVAN EKLUND DEAD END Local 69 DIST3 233 18 466 Seal Coat VILLARREAL ROCKFORD MOLINA Local 68 DIST3 376 24 1003 Seal Coat VILLARREAL BARRERA ANGELA Local 68 DIST3 451 24 1203 Seal Coat VILLARREAL ANGELA ELVIRA Local 68 DIST3 354 24 944 Seal Coat VILLARREAL ELVIRA JOSE Local 68 DIST3 233 24 621 Seal Coat VILLARREAL MOLINA BARRERA Local 68 DIST3 451 24 1203 Seal Coat WEST POINT ANGELA ELVIRA Collector 68 DIST3 358 42 1671 Seal Coat WEST POINT YOLANDA COLUMBIA Collector 68 DIST3 188 40 836 Seal Coat WEST POINT BARRERA ANGELA Collector 68 DIST3 448 42 2091 Seal Coat WEST POINT ROMONA VALDEZ Collector 68 DIST3 261 40 1160 Seal Coat WEST POINT JOSE ROMONA Collector 68 DIST3 263 40 1169 Seal Coat WEST POINT MOLINA BARRERA Collector 68 DIST3 417 42 1946 Seal Coat WEST POINT VALDEZ YOLANDA Collector 68 DIST3 274 40 1218 Seal Coat WEST POINT ELVIRA JOSE Collector 68 DIST3 261 40 1160 Seal Coat MAHAN HAKEL COSNER Local 77 DIST4 536 25 1489 Seal Coat AIRLINE ST. PIUS ALDEN Arterial 68 DIST4 164 63 1148 Seal Coat AIRLINE ALDEN LUM Arterial 68 DIST4 285 63 1995 Seal Coat AIRLINE LUM LUM Arterial 68 DIST4 286 63 2002 Seal Coat ALLEY ALTA PLAZA SEAVIEW SAN ANTONIO BEND TO ALTA PLAZA Local 70 DIST4 981 12 1308 Seal Coat ALLEY ALTA PLAZA SEAVIEW BEND FROM SAN ANTONIO ALTA PLAZA Local 70 DIST4 117 20 260 Seal Coat ALLEY BRAWNER PKWY MELDC BRAWNER SANTA FE Arterial 70 DIST4 1380 14 2147 Seal Coat ALLEY OCEAN CAPE ANN 5. SHORE PL BAYCLIFF/BAYSHORE Local 70 DIST4 1183 12 1577 Seal Coat ALLEY OCEAN CAPE ANN PALOMA S. SHORE PL Local 70 DIST4 1145 11 1399 Seal Coat ALLEY 5 STAPLES COLLINGSWOI LANSDOWN COLLINGSW00D Arterial 70 DIST4 895 14 1392 Seal Coat AQUARIUS MIZZEN HALYARD Collector 86 DIST4 385 36 1540 Seal Coat AQUARIUS TOPSAIL MIZZEN Collector 71 DIST4 385 36 1540 Seal Coat BLACKBEARD WHITECAP BARATARIA Local 74 DIST4 1111 24 2963 Seal Coat CANTERA BAY CANTERA DEAD END Collector 78 DIST4 432 24 1152 Seal Coat CAPRICE KNUCKLE SANTANA Local 75 DIST4 801 24 2136 Seal Coat CAPRICE NEWPORT KNUCKLE Local 76 DIST4 232 24 619 Seal Coat CUTTYSARK VINCENT ENCANTADA Local 78 DIST4 216 25 600 Seal Coat EVERHART JUNIOR CLINTON Arterial 70 DIST4 213 29 686 Seal Coat EVERHART 186' N OF ALAMEDA JUNIOR Arterial 70 DIST4 356 29 1147 Seal Coat EVERHART CLINTON ESTATE Arterial 70 DIST4 390 29 1257 Seal Coat EVERHART ALAMEDA 186' N TO JUNIOR Arterial 70 DIST4 186 34 703 Seal Coat GRASS CAY PORT 0 CALL GRASS CAV LOOP Local 68 DIST4 345 24 920 Seal Coat GRASS CAY GRASS CAY LOOP GRASS CAY LOOP Local 68 DIST4 333 14 518 Seal Coat HALYARD AQUARIUS DEAD END Local 74 DIST4 1005 24 2680 Seal Coat JESTER AVIATION ANCHOR Local 76 DIST4 460 18 920 Seal Coat LYNN LOMBARDY WALDRON Local 74 DIST4 422 21 985 Seal Coat MARZBACHER JESTER VALERIE Local 72 DIST4 280 18 560 Seal Coat MINGO CAY MONT PEELE MONT PEELE Local 70 DIST4 1056 17 1995 Seal Coat PAUL JONES SPID BAYLARK Local 76 DIST4 558 36 2232 Seal Coat PIRATA COQUINA BAY LA BLANQUILLA Local 70 DIST4 246 24 656 Seal Coat PORT ROYAL COBO DE BARA TESORO Local 74 DIST4 228 24 608 Seal Coat PORT ROYAL DEAD END COBO DE BARO Local 74 DIST4 856 20 1902 Seal Coat SAND DOLLAR PACKERY CHANNEL PARK ROA VILLA MARIA ISABEL Collector 68 DIST4 253 20 562 Seal Coat SAND DOLLAR VILLA MARIA ISABEL VERDEMAR Collector 82 DIST4 701 18 1402 Seal Coat SETH ISAIAH JEREMIAH Local 73 DIST4 410 24 1093 Seal Coat SETH JEREMIAH EZEKIEL Local 73 DIST4 317 24 845 Seal Coat SETH EZEKIEL HOSEA Local 73 DIST4 340 24 907 Seal Coat ST LUCY ST. FELICITY DEAD END Local 75 DIST4 433 24 1155 Seal Coat ST LUCY ST. JOSEPH ST. FELICITY Local 75 DIST4 375 24 1000 Seal Coat VERDEMAR PARK ROAD 22 SAND DOLLAR Local 68 DIST4 532 20 1182 Seal Coat VERDEMAR SAND DOLLAR AVENIDA DE SAN NICO Local 68 DIST4 707 20 1571 Seal Coat W00DCREST DIVISION DON PATRICIO Local 75 DIST4 1300 18 2600 Seal Coat YARDARM WHITECAP CAPTAIN KIDD Local 72 DIST4 208 24 555 Seal Coat YORKTOWN FLOUR BLUFF WALDRON Arterial 70 DIST4 5239 22 12806 Seal Coat MAHAN COSNER KIRKW00D Local 77 DIST5 386 25 1072 Seal Coat AIRLINE 327' SE OF HIDDEN COVE HOLLY Arterial 72 DIST5 399 70 3103 Seal Coat AIRLINE ERSKINE HIDDEN OAKS Arterial 72 DIST5 250 58 1611 Seal Coat AIRLINE BEECHW00D VINCENT Arterial 72 DIST5 250 58 1611 Seal Coat AIRLINE HIDDEN OAKS HIDDEN COVE Arterial 72 DIST5 573 58 3693 Seal Coat AIRLINE VINCENT ERSKINE Arterial 72 DIST5 212 58 1366 Seal Coat AIRLINE HIDDEN COVE 327 SE TO HOLLY Arterial 72 DIST5 327 59 2144 Seal Coat ALLEY WINGFOOT MEANDERIN WINGFOOT/MEANDERING ALLEY Local 70 DIST5 115 14 179 Seal Coat AMAZON YUKON RHINE Local 74 DIST5 946 24 2523 Seal Coat GRAND LAKE BURKHADT DIJON LAKE Local 76 DIST5 560 24 1493 Seal Coat OUTREAU SYLLING MONTDIDER Local 76 DIST5 328 24 875 Seal Coat OUTREAU LEMANS SYLLING Local 76 DIST5 308 24 821 Seal Coat PRAIRIE LAKE NOCONA LAKE LIVINGSTON Local 68 DIST5 350 24 933 Seal Coat PRAIRIE LAKE LIVINGSTON LAKE MEDINA Local 68 DIST5 208 24 555 2 SPMP Year 2 City Seal Coat Streets WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat SCHNAUZER HULL SIBERIAN Local 69 DIST5 510 24 1360 Seal Coat SCHNAUZER SIBERIAN BAY Local 69 DIST5 399 24 1064 Seal Coat SIR GREG KING GEORGE DEAD END Local 74 DIST5 105 24 280 Seal Coat SOUTH FORK THE MANSIONS MARBLE FALLS Local 73 DIST5 429 24 1144 Seal Coat WINDWILLOW LIPES DEAD END Local 74 DIST5 424 24 1131 3 SPMP Year 2 Work Plan By District WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Overlay 14TH HANCOCK BUFORD Local 55 DIST1 428 24 1,141 Overlay 19TH BUFORD HANCOCK Collector 55 DIST1 441 38 1,862 Overlay 23RD MORRIS COLEMAN Local 54 DIST1 280 24 747 Overlay 23RD RUTH BUFORD Local 54 DIST1 755 24 2,013 Overlay 23RD MARY MORRIS Local 54 DIST1 330 24 880 Overlay AGNES CARRIZO KING Arterial 55 DIST1 429 41 1,954 Overlay BALDWIN OSAGE ROSEWOOD Arterial 55 DIST1 584 56 3,634 Overlay BALDWIN SABINAS ELGIN Arterial 55 DIST1 322 57 2,039 Overlay BALDWIN LAMAR PORT Arterial 55 DIST1 550 57 3,483 Overlay BALDWIN ELGIN GREENWOOD Arterial 55 DIST1 345 56 2,147 Overlay BALDWIN ELGIN ELGIN Arterial 55 DIST1 75 58 483 Overlay BALDWIN GREENWOOD LAMAR Arterial 55 DIST1 266 56 1,655 Overlay BIG CYPRUS BAYOU DRY CREEK BED ROCK Local 55 DIST1 1145 24 3,053 Overlay BIG CYPRUS BAYOU BEDROCK DEAD END Local 55 DIST1 245 24 653 Overlay CAROLINE MARSHALL MCNORTON Local 54 DIST1 1143 24 3,048 Overlay CLIFTON BENYS DEAD END Local 59 DIST1 805 24 2,147 Overlay CORTEZ GALVAN BALDWIN Local 54 DIST1 325 24 867 Overlay CORTEZ PINE GALVAN Local 54 DIST1 279 24 744 Overlay FISK WINNEBAGO XAVIER Local 55 DIST1 464 16 825 Overlay IMPERIAL HARBOR W. CAUSEWAY DEAD END Local 56 DIST1 686 24 1,829 Overlay LANCASTER 146' FROM LEOPARD MUELLER Local 55 DIST1 380 47 1,984 Overlay LANCASTER LEOPARD 146' TOWARDS MUELLER Local 55 DIST1 146 26 422 Overlay LEOPARD TULIP NUECES BAY Arterial 55 DIST1 111 70 863 Overlay LOU HIAWATHA SHAWNEE Local 54 DIST1 304 24 811 Overlay LOU OSAGE MOHAWK Local 54 DIST1 326 24 869 Overlay MESQUITE BELDEN IH 37 W Collector 55 DIST1 318 36 1,272 Overlay MESQUITE 147' N OF MANN MANN Collector 55 DIST1 147 36 588 Overlay MESQUITE POWER BELDEN Collector 55 DIST1 359 36 1,436 Overlay MESQUITE MANN TWIGG Collector 55 DIST1 216 36 864 Overlay MESQUITE IH 37 E 57' TOWARDS MANN Collector 55 DIST1 57 26 165 Overlay MOBILE ROBBY RHODES Local 55 DIST1 590 16 1,049 Overlay MOUNTAIN VIEW LEOPARD S HONEY TRAIL Local 54 DIST1 160 24 427 Overlay MOUNTAIN VIEW HONEY TRAIL MESA Local 54 DIST1 301 24 803 Overlay NEAL ALLEY GULFBREEZE Local 55 DIST1 159 20 353 Overlay NEAL DEAD END GULFBREEZE Local 55 DIST1 188 18 376 Overlay NEAL SURFSIDE ALLEY Local 55 DIST1 159 20 353 Overlay NUECES JOSEPHINE WHEATLEY Local 56 DIST1 429 24 1,144 Overlay NUECES 150' SW OF WHEATLEY COKE Local 56 DIST1 321 24 856 Overlay NUECES WHEATLEY 150' SW Local 56 DIST1 150 44 733 Overlay PEOPLES MESQUITE LOWER BROADWAY Collector 55 DIST1 356 34 1,345 Overlay SESSIONS LEOPARD JULIANNA Collector 60 DIST1 761 18 1,522 Overlay SESSIONS JULIANNA ASHLEY Collector 60 DIST1 239 18 478 Overlay SESSIONS ASHLEY GRANDTETON Collector 60 DIST1 297 18 594 Overlay TUSCARORA OUTPOST SADDLE Local 55 DIST1 352 24 939 Overlay WOODLAND CREEK LEOPARD FLAT ROCK CROSSING Collector 55 DIST1 859 36 3,436 Overlay WOODLAND CREEK COLETA CREEK HONDO CREEK Collector 60 DIST1 259 36 1,036 Overlay WOODLAND CREEK HONDO CREEK CRIPPLE CREEK Collector 60 DIST1 255 36 1,020 Overlay WOODLAND CREEK FLAT ROCK CROSSING LORI Collector 41 DIST1 129 36 516 Overlay WOODLAND CREEK CALICHE CREEK EL GATO CREEK Collector 60 DIST1 277 36 1,108 Overlay WOODLAND CREEK LORI CHISPA CREEK Collector 41 DIST1 178 36 712 Overlay WOODLAND CREEK EL GATO CREEK DEAD END Collector 60 DIST1 273 36 1,092 Overlay WOODLAND CREEK CHISPA CREEK COLETA CREEK Collector 41 DIST1 276 36 1,104 Overlay WOODLAND CREEK CRIPPLE CREEK CALICHE CREEK Collector 60 DIST1 317 36 1,268 Seal Coat AGNES CARANCAHUA CHAPARRAL Arterial 70 DIST1 950 15 1,583 Seal Coat AGNES STAPLES S. ALAMEDA S. Arterial 75 DIST1 450 41 2,050 Seal Coat AGNES ALAMEDA S. TENTH Arterial 75 DIST1 470 41 2,141 Seal Coat AGNES TENTH TWELFTH Arterial 75 DIST1 460 41 2,096 Seal Coat AGNES TWELFTH BROWNLEE Arterial 75 DIST1 460 41 2,096 Seal Coat GREENWOOD PORT AVE. REYNA Arterial 75 DIST1 275 42 1,283 Seal Coat GREENWOOD REYNA STANLEY Arterial 75 DIST1 675 42 3,150 Seal Coat GREENWOOD STANLEY BALDWIN Arterial 75 DIST1 175 42 817 Seal Coat LAREDO ALAMEDA N. TENTH ST. Arterial 75 DIST1 470 41 2,141 Seal Coat LAREDO TENTH ST. TWELFTH ST. Arterial 75 DIST1 460 41 2,096 Seal Coat LAREDO TWELFTH ST. BROWNLEE Arterial 75 DIST1 460 41 2,096 Seal Coat LAREDO BROWNLEE CROSSTOWN EXPWY Arterial 75 DIST1 400 41 1,822 Seal Coat LAREDO KING ST. STAPLES N. Arterial 75 DIST1 455 41 2,073 Seal Coat LAREDO CARRIZO ST. KING ST. Arterial 75 DIST1 450 41 2,050 Seal Coat SOUTHERN MINERALS INTERSTATE 37 HIGHWAY 9 Arterial 70 DIST1 1280 18 2,560 Seal Coat CHEYENNE AGNES LOU Collector 78 DIST1 575 24 1,533 Seal Coat CHEYENNE LOU HURON Collector 78 DIST1 650 24 1,733 Seal Coat CHEYENNE HURON CHIPPEWA Collector 78 DIST1 650 24 1,733 Seal Coat CHEYENNE CHIPPEWA NAVAJO Collector 78 DIST1 650 24 1,733 Seal Coat MESQUITE FITZGERALD PALO ALTO Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE RESACA FITZGERALD Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE HUGHES RESACA Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE BREWSTER HUGHES Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE HIRSCH BREWSTER Collector 75 DIST1 400 38 1,689 Seal Coat UP RIVER FAIRVIEW OLD ROBSTOWN RD Collector 78 DIST1 325 37 1,336 Seal Coat UP RIVER OLIVER LEOPARD Collector 78 DIST1 1040 37 4,276 Seal Coat UP RIVER OLD ROBSTOWN RD OLIVER Collector 78 DIST1 200 37 822 Seal Coat ALLEY PALO ALTO POWER Local 75 DIST1 346 16 615 Seal Coat BECKWORTH OREGON TRAIL DEAD END Local 75 DIST1 562 24 1499 1 SPMP Year 2 Work Plan By District WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat BROOKHAVEN BROOKSIDE U.S.HWY.77 Local 76 DIST1 578 21 1349 Seal Coat BROOKHAVEN MC BURNETT BROOKSIDE Local 76 DIST1 1080 21 2520 Seal Coat BUFORD FOURTEENTH BROWNLEE Local 77 DIST1 340 24 907 Seal Coat CASTLE KNOLL CASTLE RIDGE CASTLE RIDGE Local 77 DIST1 636 24 1696 Seal Coat CREEKSIDE CREEKVIEW DEAD END Local 77 DIST1 725 24 1933 Seal Coat GUADALUPE RIVER PECOS RIVER WORDWORTH Local 75 DIST1 466 24 1243 Seal Coat GUADALUPE RIVER WOOD RIVER DR. PECOS RIVER Local 75 DIST1 840 24 2240 Seal Coat GUADALUPE RIVER WORDWORTH BALLARD TREE Local 75 DIST1 657 24 1752 Seal Coat GUADALUPE RIVER WHITMAN CIR. GERONIMO Local 75 DIST1 264 24 704 Seal Coat GULF BREEZE GULF SPRAY NEAL Local 79 DIST1 365 24 973 Seal Coat GULF BREEZE NEAL HAYES Local 79 DIST1 350 24 933 Seal Coat GULF BREEZE HAYES BEACH Local 79 DIST1 350 24 933 Seal Coat GULF BREEZE BEACH REEF Local 79 DIST1 350 24 933 Seal Coat HIGHLAND HIGHLAND AVE. PORT AVE. Local 75 DIST1 150 41 683 Seal Coat KENWOOD FAIRMONT FAIRVIEW Local 74 DIST1 500 30 1667 Seal Coat LAKE ATHENS PERFECTION LAKE AV SILVER LAKE CT Local 77 DIST1 245 32 871 Seal Coat LAREDO CARANCAHUA TANCAHUA ST. Local 70 DIST1 448 15 747 Seal Coat LAREDO TANCAHUA ST. LAREDO ST. Local 70 DIST1 488 15 813 Seal Coat MESQUITE CHAPARRAL HIRSCH Local 75 DIST1 425 28 1322 Seal Coat MORRIS BROWNLEE TWELFTH Local 77 DIST1 345 24 920 Seal Coat MORRIS FOURTEENTH BROWNLEE Local 77 DIST1 340 24 907 Seal Coat MORRIS FIFTEENTH FOURTEENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS TWELFTH ELEVENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS TENTH ALAMEDA N. Local 77 DIST1 340 24 907 Seal Coat MORRIS ELEVENTH TENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS CROSSTOWN EXPWY FIFTEENTH Local 77 DIST1 280 24 747 Seal Coat MORRIS DEAD END W. CROSSTOWN EXPWY Local 77 DIST1 160 18 320 Seal Coat PIERPONT ROSE LEOPARD ST. Local 77 DIST1 650 27 1950 Seal Coat RUTH DOLORES DUNCAN Local 75 DIST1 225 34 850 Seal Coat RUTH ELESA FRANCESCA Local 75 DIST1 225 36 900 Seal Coat RUTH FRANCESCA DOLORES Local 75 DIST1 225 34 850 Seal Coat RUTH ELEANOR ELESA Local 75 DIST1 225 36 900 Seal Coat RUTH HARMON HIGHLAND Local 75 DIST1 200 34 756 Seal Coat RUTH OSAGE ELEANOR Local 75 DIST1 225 24 600 Seal Coat RUTH DUNCAN SUNRISE Local 75 DIST1 600 34 2267 Seal Coat SAN SABA CONCHO COMAL Local 75 DIST1 650 24 1733 Seal Coat STAPLES RAMIREZ WEST BROADWAY Local 72 DIST1 390 37 1603 Seal Coat STAPLES CHIPITO RAMIREZ Local 72 DIST1 330 41 1503 Seal Coat STAPLES LOBO CHIPITO Local 72 DIST1 120 37 493 Seal Coat STAPLES LAKE LOBO Local 72 DIST1 350 37 1439 Seal Coat STAPLES WINNEBAGO LAKE Local 72 DIST1 360 37 1480 Seal Coat THOREAU BEAL DEAD END Local 75 DIST1 206 24 549 Seal Coat TWELFTH LAREDO AGNES Local 75 DIST1 330 37 1357 Seal Coat TWELFTH AGNES MARGUERITE Local 75 DIST1 310 36 1240 Seal Coat TWELFTH MARY MORRIS Local 75 DIST1 330 24 880 Seal Coat TWELFTH MORRIS COLEMAN Local 75 DIST1 330 24 880 Seal Coat WALNUT CAUSEWAY E U.S. HWY. 181 Local 75 DIST1 300 37 1233 Overlay 14TH MCKENZIE AYERS Local 54 DIST2 838 24 2235 Overlay 14TH ELIZABETH MCKENZIE Local 54 DIST2 845 24 2253 Overlay BRAWNER ORMUND MELBOURNE Collector 55 DIST2 296 24 789 Overlay BRAWNER WYNWOOD DAYTONA Collector 55 DIST2 210 24 560 Overlay BRAWNER MELBOURNE LEA Collector 55 DIST2 443 24 1181 Overlay CARROLL BRAWNER DALRAIDA Collector 55 DIST2 150 36 600 Overlay CARROLL DALRADIA HOUSTON Collector 55 DIST2 337 36 1348 Overlay CHAMBERLAIN TOPEKA AUSTIN Local 54 DIST2 320 36 1280 Overlay CHAMBERLAIN AUSTIN LAWNVIEW Local 54 DIST2 312 36 1248 Overlay COLE THIRD SANTA FE Local 54 DIST2 254 24 677 Overlay COLE SANTA FE LAWNVIEW Local 54 DIST2 636 24 1696 Overlay COLE ALLEY SECOND -OCEAN SECOND Local 54 DIST2 183 24 488 Overlay COLE ALAMEDA BROWNLEE Local 54 DIST2 633 24 1688 Overlay COLE OCEAN ALLEY SECOND -OCEAN Local 54 DIST2 203 24 541 Overlay COLE LAWNVIEW ALAMEDA Local 54 DIST2 925 24 2467 Overlay COLE SECOND THIRD Local 54 DIST2 256 24 683 Overlay STAPLES BALDWIN SEVENTEENTH Arterial 60 DIST2 306 62 2108 Overlay STAPLES SEVENTEENTH NAPLES Arterial 60 DIST2 30S 52 1762 Overlay SWANTNER INDIANA TEXAS Local 58 DIST2 356 39 1543 Overlay SWANTNER OHIO INDIANA Collector 50 DIST2 309 39 1339 Overlay SWANTNER LOUISIANA OHIO Collector 58 DIST2 315 39 1365 Overlay SWANTNER LOUISIANA LOUISIANA Collector 58 DIST2 171 39 741 Overlay TEXAS S. STAPLES SWANTNER Collector 55 DIST2 600 36 2400 Overlay WHATABURGER MILDRED EVERHART Local 55 DIST2 387 36 1548 Seal Coat BALDWIN AYERS GLENDALE Arterial 70 DIST2 310 57 1,963 Seal Coat BALDWIN GLENDALE NAPLES Arterial 70 DIST2 1020 57 6,460 Seal Coat BALDWIN NAPLES STAPLES Arterial 70 DIST2 410 57 2,597 Seal Coat EVERHART STAPLES S. WHAT -A -BURGER WAY Arterial 70 DIST2 175 56 1,089 Seal Coat EVERHART WHAT -A -BURGER WAY BURNEY Arterial 70 DIST2 1000 56 6,222 Seal Coat EVERHART BURNEY JANSSEN Arterial 70 DIST2 480 56 2,987 Seal Coat EVERHART JANSSEN LAMONT Arterial 70 DIST2 315 56 1,960 Seal Coat EVERHART LAMONT MC ARDLE Arterial 70 DIST2 870 56 5,413 Seal Coat KOSAR STAPLES S. FLORIDA Collector 75 DIST2 163 45 815 Seal Coat KOSAR FLORIDA YORK Collector 75 DIST2 138 37 567 Seal Coat McARDLE ANTHONY KASPER Collector 75 DIST2 335 40 1,489 2 SPMP Year 2 Work Plan By District WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat McARDLE KASPER CONCORD Collector 75 DIST2 330 40 1,467 Seal Coat McARDLE CONCORD MONITOR Collector 75 DIST2 330 40 1,467 Seal Coat McARDLE MONITOR KARCHMER Collector 75 DIST2 210 40 933 Seal Coat McARDLE KARCHMER MERRIMAC Collector 77 DIST2 125 40 556 Seal Coat McARDLE MERRIMAC JOAN Collector 77 DIST2 335 40 1,489 Seal Coat McARDLE JOAN URBAN ST. Collector 77 DIST2 330 40 1,467 Seal Coat McARDLE URBAN ST. WEBER RD. Collector 77 DIST2 340 40 1,511 Seal Coat McARDLE WEBER RD. NELL Collector 85 DIST2 305 44 1,491 Seal Coat McARDLE NELL MARION CIR. Collector 85 DIST2 290 40 1,289 Seal Coat McARDLE MARION CIR. JEAN Collector 85 DIST2 290 40 1,289 Seal Coat TARLTON EISENHOWER GREENWOOD Collector 78 DIST2 250 42 1,167 Seal Coat TARLTON MAC ARTHUR EISENHOWER Collector 78 DIST2 950 42 4,433 Seal Coat BONITA AYERS ST. ISABEL Local 75 DIST2 340 24 907 Seal Coat BONITA ISABEL FIG Local 75 DIST2 360 24 960 Seal Coat BROUGHTON FOLEY LAMONT Local 75 DIST2 190 24 507 Seal Coat BROUGHTON MC ARDLE FOLEY Local 75 DIST2 1032 24 2,752 Seal Coat CUIPER NAPLES DINN Local 75 DIST2 275 33 1,008 Seal Coat CUIPER DINN CARLTON Local 75 DIST2 275 34 1,039 Seal Coat EISENHOWER HALSEY NIMITZ Local 72 DIST2 240 24 640 Seal Coat EISENHOWER MONTGOMERY DUNBAR Local 72 DIST2 240 24 640 Seal Coat EISENHOWER SOLEDAD NOGALES Local 72 DIST2 240 24 640 Seal Coat EISENHOWER BOLIVAR PRESA Local 72 DIST2 240 24 640 Seal Coat EISENHOWER DUNBAR HALSEY Local 72 DIST2 240 24 640 Seal Coat EISENHOWER GUADALUPE TARLTON Local 72 DIST2 240 24 640 Seal Coat EISENHOWER NOGALES GUADALUPE Local 72 DIST2 240 24 640 Seal Coat EISENHOWER PRESA SOLEDAD Local 72 DIST2 240 24 640 Seal Coat EISENHOWER TARLTON WAINWRIGHT Local 72 DIST2 240 24 640 Seal Coat EISENHOWER WAINWRIGHT MONTGOMERY Local 72 DIST2 240 24 640 Seal Coat HOLLYWOOD NESBITT HOLLYWOOD TR Local 74 DIST2 200 28 622 Seal Coat MAC ARTHUR DUNBAR MONTGOMERY Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR GUADALUPE NOGALES Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR HALSEY DUNBAR Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR MONTGOMERY WAINWRIGHT Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR NIMITZ HALSEY Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR NOGALES SOLEDAD Local 72 DIST2 240 26 693 Seal Coat MAC ARTHUR SOLEDAD PRESA Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR TARLTON GUADALUPE Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR WAINWRIGHT TARLTON Local 72 DIST2 240 24 640 Seal Coat NAPLES LAWNVIEW SANTA FE Local 73 DIST2 660 24 1,760 Seal Coat NAPLES SANTA FE THIRD ST. Local 73 DIST2 290 24 773 Seal Coat NAPLES THIRD ST. OCEAN DR. Local 73 DIST2 775 24 2,067 Seal Coat NOGALES NIAGARA DEAD END E. Local 73 DIST2 225 18 450 Seal Coat NOGALES SARITA NIAGARA Local 73 DIST2 675 24 1,800 Seal Coat WINTERS GREENGROVE TOWNSEND Local 74 DIST2 525 28 1,633 Seal Coat WINTERS HOLLYWOOD TR HORNE RD Local 74 DIST2 980 28 3,049 Seal Coat WINTERS TOWNSEND NESBITT Local 74 DIST2 250 28 778 Overlay CLEARWATER CORAL GABLES SWANSEA Local 59 DIST3 289 26 835 Overlay CLEARWATER SHEA CORAL GABLES Local 59 DIST3 518 26 1,496 Overlay CLEARWATER SWANSEA BRISBANE Local 59 DIST3 356 26 1,028 Overlay COAHUILA GREENWOOD LOS ROBLES Local 62 DIST3 1238 24 3,301 Overlay COLUMBIA DOMINGO RENEE Collector 39 DIST3 505 24 1,347 Overlay COLUMBIA SPID AMBASSADOR Collector 59 DIST3 870 36 3,480 Overlay COLUMBIA WEST POINT ANITA Collector 39 DIST3 275 24 733 Overlay COLUMBIA AMBASSADOR LINDA VISTA Collector 59 DIST3 365 36 1,460 Overlay COLUMBIA VILLAREAL CLOVER Collector 39 DIST3 282 24 752 Overlay COLUMBIA LINDA VISTA NATIONAL Collector 59 DIST3 440 36 1,760 Overlay COLUMBIA RENEE VILLAREAL Collector 39 DIST3 333 24 888 Overlay COLUMBIA ANITA DOMINGO Collector 39 DIST3 461 24 1,229 Overlay COLUMBIA NATIONAL WEST POINT Collector 59 DIST3 495 36 1,980 Overlay CORTEZ CARMEN NAVAJO Local 54 DIST3 240 24 640 Overlay CORTEZ BALDWIN CARMEN Local 54 DIST3 281 24 749 Overlay EVERHART SPID WILLIAMS Arterial 60 DIST3 1120 52 6,471 Overlay EVERHART WILLIAMS CURTISCLARK Arterial 60 DIST3 660 52 3,813 Overlay GREEN ACRE GREEN TREE DEAD END Local 68 DIST3 235 24 627 Overlay GREEN VALLEY GREEN TREE DEAD END W Local 62 DIST3 350 24 933 Overlay MAYO LIMERICK EVERHART Local 58 DIST3 622 24 1,659 Overlay SOKOL SEGUIN ROGERIO Collector 56 DIST3 147 32 523 Overlay SOKOL BONHAM BONHAM Collector 56 DIST3 108 32 384 Overlay SOKOL WHARTON ALEJANDRO Collector 56 DIST3 306 32 1,088 Overlay SOKOL ROGERIO WHARTON Collector 56 DIST3 173 32 615 Overlay SOKOL MILAM WHARTON Collector 56 DIST3 171 32 608 Overlay SOKOL ALEJANDRO NAVARRO Collector 56 DIST3 290 32 1,031 Overlay SOKOL BONHAM MILAM Collector 56 DIST3 179 32 636 Overlay SOKOL NAVARRO RICHTER Collector 56 DIST3 151 32 537 Overlay SOKOL WHARTON SEGUIN Collector 56 DIST3 126 32 448 Overlay SOKOL BOWIE BONHAM Collector 56 DIST3 268 32 953 Seal Coat AYERS MC ARDLE NEMEC ST. Arterial 75 DIST3 865 50 4,806 Seal Coat AYERS NEMEC 5T. PADRE ISLAND DR Arterial 75 DIST3 530 46 2,709 Seal Coat AYERS GOLLIHAR VIOLA Arterial 75 DIST3 410 46 2,096 Seal Coat AYERS VIOLA SUNNYBROOK Arterial 75 DIST3 915 46 4,677 Seal Coat AYERS SUNNYBROOK MANSHEIM Arterial 75 DIST3 64S 46 3,297 Seal Coat NAVIGATION BEAR LANE GREENTREE Arterial 75 DIST3 1240 24 3,307 3 SPMP Year 2 Work Plan By District WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat WILLIAMS BETTY JEAN BURTON Collector 75 DIST3 1320 44 6,453 Seal Coat WILLIAMS BURTON STAPLES S. Collector 75 DIST3 1330 44 6,502 Seal Coat McARDLE AYRES ARCHER Collector 75 DIST3 325 36 1,300 Seal Coat McARDLE ARCHER BLUNDELL Collector 75 DIST3 350 32 1,244 Seal Coat McARDLE BLUNDELL CHERYL Collector 75 DIST3 350 32 1,244 Seal Coat HARVARD PRESCOTT VITEMB Local 71 DIST3 630 24 1,680 Seal Coat HUDSON PRESCOTT VITEMB Local 71 DIST3 630 24 1,680 Seal Coat HUDSON VITEMB VESTAL Local 71 DIST3 575 24 1,533 Seal Coat TERESA BLOOMINGTON MENDOZA Local 74 DIST3 425 24 1,133 Seal Coat TERESA MENDOZA THERESA W Local 74 DIST3 470 24 1,253 Seal Coat HILL CREST CREST WATER CHINA BERRY Local 72 DIST3 270 36 1,080 Seal Coat HILL CREST CHINA BERRY ALLEY Local 72 DIST3 130 36 520 Seal Coat HILL CREST ALLEY SEAHAWK Local 72 DIST3 130 36 520 Seal Coat HILL CREST SEAHAWK ALLEY Local 72 DIST3 130 36 520 Seal Coat HILLCREST ALLEY RIVER CREST Local 72 DIST3 80 36 320 Seal Coat HILL CREST RIVER CREST WHITE BIRD Local 72 DIST3 180 36 720 Seal Coat CREST PEBBLE CREST VALLEY CREST WATER Local 75 DIST3 560 36 2,240 Seal Coat CHINA BERRY HILL CREST BLUEWATER Local 75 DIST3 810 24 2,160 Seal Coat WINDSWEPT LARCADE GLENMOUNT Local 72 DIST3 320 24 853 Seal Coat KILLARMET CIR W KILLARMET DEAD END Local 75 DIST3 160 36 640 Seal Coat NELSON LN WILLIAMS CURTIS CLARK Local 75 DIST3 660 24 1,760 Seal Coat NELSON LN CURTIS CLARK BONNER Local 75 DIST3 665 24 1,773 Seal Coat NELSON LN BONNER CAIN Local 75 DIST3 665 24 1,773 Seal Coat MENDOZA ELVIRA THERESA W Local 78 DIST3 1260 24 3,360 Seal Coat MENDOZA THERESA E COLUMBIA Local 78 DIST3 1050 24 2,800 Seal Coat NEPTUNE OMAHA CENTAURIUS Local 78 DIST3 620 24 1,653 Seal Coat BOWIE SOKOL SANTA ANA Local 75 DIST3 750 24 2,000 Seal Coat OAKHURST HMAC-CONC EDGE TIGER LN Local 74 DIST3 720 34 2,720 Seal Coat MOLINA VILLAREAL BLOOMINGTON Local 74 DIST3 1400 24 3,733 Seal Coat MOLINA BLOOMINGTON HORNE RD Local 74 DIST3 1400 24 3,733 Seal Coat SAN JAVIER SANTA LUCIA DEAD END Local 81 DIST3 123 24 328 Overlay BELMEADE RAWLEIGH RONSON Local 55 DIST4 338 37 1390 Overlay BELMEADE AIRLINE BELMEADE Local 55 DIST4 543 37 2232 Overlay BELMEADE DICKENS RAWLEIGH Local 55 DIST4 288 37 1184 Overlay CARLETA SKIPPER VALERIE Local 56 DIST4 315 17 595 Overlay CENTER SHOPPING CENTER DELAINE Local 55 DIST4 140 24 373 Overlay CENTER PEERMAN PASADENA Local 55 DIST4 302 24 805 Overlay CENTER DELAINE JACKSON Local 55 DIST4 225 24 600 Overlay CENTER JACKSON GRANT Local 55 DIST4 261 24 696 Overlay CENTER CATALINA PEERMAN Local 55 DIST4 306 24 816 Overlay CENTER GRANT CATALINA Local 55 DIST4 307 24 819 Overlay DENVER DODDRIDGE DEAD END W Local 57 DIST4 742 24 1979 Overlay DENVER WILSHIRE DODDRIDGE Local 57 DIST4 356 24 949 Overlay DENVER JACKSON WILSHIRE Local 57 DIST4 144 24 384 Overlay HEWIT ALLEY HEWIT OCEAN SOUTH HEWIT DR (N-5) Local 59 DIST4 223 36 892 Overlay HEWIT HEWIT DR (N-5) EAST HEWIT ALLEY Local 59 DIST4 787 30 2623 Overlay HEWIT EAST HEWIT ALLEY HEWITPL Local 59 DIST4 272 30 907 Overlay HEWIT HEWIT WEST HEWIT ALLEY Local 59 DIST4 1212 30 4040 Overlay HEWIT WEST HEWIT ALLEY HEWIT Local 59 DIST4 1888 30 6293 Overlay HEWIT OCEAN ALLEY HEWIT OCEAN SOUTH Local 59 DIST4 347 36 1388 Overlay HEWIT HEWITPL WEST HEWIT ALLEY Local 59 DIST4 282 30 940 Overlay HEWIT HEWIT DR 5 SANTA FE Local 59 DIST4 433 30 1443 Overlay HEWIT WEST HEWIT ALLEY HEWIT DR 5 Local 59 DIST4 283 30 943 Overlay HUSTLIN HORNET IVY WALDRON Local 59 DIST4 996 40 4427 Overlay KENTNER PARADE BAYSHORE/BAYCLIFF Local 57 DIST4 340 36 1360 Overlay KENTNER BAYSHORE/BAYCLIFF CAPE COD Local 57 DIST4 500 36 2000 Overlay KNICKERBOCKER NAGLE LAGUNA SHORES Collector 56 DIST4 375 18 750 Overlay LEMING OCEAN DENVER Local 60 DIST4 352 26 1017 Overlay LEMING DENVER SANTA FE Local 60 DIST4 1041 26 3007 Overlay LEXINGTON PADRE ISLAND DRIVE 1071' SOUTH OF SPID Collector 56 DIST4 1071 18 2142 Overlay LEXINGTON 649' N OF HECHLAR HECHLAR Collector 56 DIST4 649 22 1586 Overlay MICAH FLOUR BLUFF ISAIAH Local 59 DIST4 190 24 507 Overlay NATAL PLUM CORAL VINE TREEBINE Local 56 DIST4 1166 24 3109 Overlay PARKGREEN CANADIAN WEST MOUNT Local 54 DIST4 842 24 2245 Overlay RED START BLUE JAY DEAD END Local 56 DIST4 473 24 1261 Overlay SILVER SANDS CANIS PIPER Local 54 DIST4 225 36 900 Overlay ST BERNARD ST. PETER DEAD END Local 55 DIST4 489 24 1304 Overlay SUNBURST SPID SECURITY Local 57 DIST4 670 76 5658 Overlay TAHITI MEDITERRANEAN DEAD END Local 57 DIST4 1155 20 2567 Overlay TULIA LORINE SANDS Local 55 DIST4 260 18 520 Overlay WINDMERE PURDUE ORLEANS Local 57 DIST4 300 36 1200 Seal Coat AIRLINE MC ARDLE BELMEADE Arterial 70 DIST4 970 64 6,898 Seal Coat AIRLINE BELMEADE KIMBROUGH Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE KIMBROUGH RILEY Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE RILEY LUCILLE Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE LUCILLE NORVEL Arterial 70 DIST4 300 64 2,133 Seal Coat AIRLINE NORVEL SHAMROCK Arterial 70 DIST4 280 64 1,991 Seal Coat AIRLINE SHAMROCK HUGO Arterial 70 DIST4 300 64 2,133 Seal Coat AIRLINE HUGO GOLLIHAR Arterial 70 DIST4 350 64 2,489 Seal Coat ALAMEDA GLENMORE HOMECREST Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA HOMECREST CLAREMORE Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA CLAREMORE UNIVERSITY Arterial 70 DIST4 325 56 2,022 4 SPMP Year 2 Work Plan By District WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat ALAMEDA UNIVERSITY PALMETTO Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA PALMETTO HAROLDSON Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA HAROLDSON TROY Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA TROY POENISCH Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA BELLEVIEW RONSON Arterial 70 DIST4 300 62 2,067 Seal Coat AQUARIUS DAS MARINAS SKYSAIL Collector 71 DIST4 816 36 3264 Seal Coat JAMAICA MEDITERRANEAN ORION Collector 73 DIST4 200 24 533 Seal Coat JAMAICA ORION ANTARES Collector 73 DIST4 230 24 613 Seal Coat JAMAICA ANTARES POLARIS PL Collector 73 DIST4 220 24 587 Seal Coat JAMAICA POLARIS PL PLEIADES PL Collector 73 DIST4 230 24 613 Seal Coat JAMAICA PLEIADES PL VEGA Collector 73 DIST4 230 24 613 Seal Coat JAMAICA VEGA CARRIBEAN Collector 73 DIST4 1540 24 4,107 Seal Coat TEXAN ALAMEDA $ TOPEKA Collector 75 DIST4 335 95 3,536 Seal Coat TEXAN TOPEKA AUSTIN Collector 75 DIST4 320 95 3,378 Seal Coat TEXAN AUSTIN LAWNVIEW Collector 75 DIST4 295 95 3,114 Seal Coat TEXAN LAWNVIEW SANTA FE Collector 75 DIST4 675 95 7,125 Seal Coat ALLEY SINCLAIR ROSSITER Local 70 DIST4 845 10 939 Seal Coat ALLEY ARGONNE BARHART Local 75 DIST4 460 16 818 Seal Coat ALLEY BRINTTANY ARGONNE Local 75 DIST4 465 16 827 Seal Coat ALLEY VETTERS DECATUR Local 75 DIST4 465 16 827 Seal Coat AVENIDA DE SAN NICO VERDEMAR VILLA MARIA I5. Local 74 DIST4 945 20 2,100 Seal Coat BALI MEDITERRANEA DEAD END Local 75 DIST4 1130 24 3,013 Seal Coat BEACH BREAK DEAD END (N) FRONTSIDE DR Local 74 DIST4 280 24 747 Seal Coat BEACH BREAK FRONTSIDE DR BACKSIDE DR Local 74 DIST4 230 24 613 Seal Coat BEACH BREAK BACKSIDE DR DEAD END (5) Local 74 DIST4 280 24 747 Seal Coat BEAUFORT CAPTAIN KIDD DEAD END Local 74 DIST4 1148 24 3,061 Seal Coat BETA PURDUE RD ZUZA WAY Local 73 DIST4 282 24 752 Seal Coat BOWSPIRIT CAPTAIN KIDD DEAD END Local 72 DIST4 1138 24 3,035 Seal Coat BRIGHTON ORLEANS VERSAILLES Local 74 DIST4 795 24 2,120 Seal Coat FIJI TRUK DR DEAD END N Local 73 DIST4 150 24 400 Seal Coat FRONTSIDE BACKSIDE DR BEACH BREAK DR Local 72 DIST4 540 24 1,440 Seal Coat HANDLIN PURDUE RD BREAK POINT Local 73 DIST4 658 24 1,755 Seal Coat HANDLIN BREAK POINT HOMEDALE ST Local 73 DIST4 649 24 1,731 Seal Coat JESSAMINE BAY BEAN TAMARISK Local 73 DIST4 648 24 1,728 Seal Coat KAIPO HELD DR WALDRON RD Local 73 DIST4 1286 24 3,429 Seal Coat KING PHILLIP CO8O DE BARA DEAD END Local 72 DIST4 737 24 1,965 Seal Coat MARINA PARK ROAD 22 AMBROSIA Local 72 DIST4 534 24 1,424 Seal Coat MARZBACHER SKIPPER LN. VALERIE Local 72 DIST4 300 20 667 Seal Coat MATTESON YORKTOWN BLVD. DEAD END N. Local 75 DIST4 1325 28 4,122 Seal Coat MEMPHIS PHARAOH DEAD END 5 Local 74 DIST4 275 24 733 Seal Coat MILLBROOK COVEWAY DR COVEWAY DR Local 73 DIST4 1360 27 4,080 Seal Coat NAVY ANCHOR N.A.S. DR. Local 72 DIST4 390 19 823 Seal Coat NAVY ANCHOR N.A.S. DR. Local 72 DIST4 390 19 823 Seal Coat PESCADORES PALMIRA CRUISER Local 72 DIST4 492 24 1,312 Seal Coat PORTO FINA PORTO VILLAGEO DEAD END Local 72 DIST4 180 24 480 Seal Coat PORTO VILLAGEO SH -361 VILLA SORIA DR Local 73 DIST4 176 24 469 Seal Coat PORTO VILLAGEO VILLA SORIA DR VILLA PAMPLONA DR Local 73 DIST4 250 24 667 Seal Coat PORTO VILLAGEO VILLA PAMPLONA PORTO FINO CT Local 73 DIST4 250 24 667 Seal Coat PORTO VILLAGEO PORTO FINO CT VILLA CASTELON DR Local 73 DIST4 110 24 293 Seal Coat REALES CATAMARAN WHITE CAP Local 73 DIST4 212 24 565 Seal Coat REALES WHITE CAP ROYAL FIFTH Local 73 DIST4 578 24 1,541 Seal Coat REGINA CALGARY D.E. Local 74 DIST4 107 24 285 Seal Coat SASKATOON SASKATCHEWAN DR DEAD END Local 72 DIST4 224 24 597 Seal Coat ST AGATHA ST.FELICITY D.E. Local 73 DIST4 337 24 899 Seal Coat ST BERNADINE ST. JOSEPH D.E. Local 73 DIST4 460 24 1,227 Seal Coat ST FELICITY ST. PETER ST. PERPETUA Local 75 DIST4 155 24 413 Seal Coat ST FELICITY ST.PERPETUA ST. AGATHA Local 75 DIST4 248 24 661 Seal Coat VILLA MARIA ISABEL PLAYA DEL RAY AVE.SAN NICO Local 73 DIST4 286 20 636 Seal Coat VILLA MARIA ISABEL AVE.SAN NICO SAND DOLLAR AVE Local 73 DIST4 476 20 1,058 Seal Coat VILLA PAMPLONA DEAD END (W) PORTO VILLAGEO DR Local 72 DIST4 500 24 1,333 Seal Coat VILLA SORIA PORTO VILLAGEO VILLA PAMPLONA DR Local 72 DIST4 150 24 400 Seal Coat VINCENT CUTTYSARK PORTILLO Local 73 DIST4 858 24 2,288 Seal Coat VINCENT PORTILLO GRENADINE Local 73 DIST4 278 24 741 Seal Coat VINCENT GRENADINE CUTTYSARK Local 73 DIST4 270 24 720 Seal Coat WILLIAMSPORT WHITECAP DEAD END Local 73 DIST4 210 24 560 Seal Coat WILLIAMSPORT WHITECAP DEAD END Local 73 DIST4 190 24 507 Seal Coat WILSON DEAD END E IVY DR Local 73 DIST4 104 24 277 Seal Coat WILSON IVY DR DEAD END W Local 73 DIST4 74 24 197 Seal Coat YARDARM CAPTAIN KIDD DEAD END S Local 72 DIST4 1107 24 2,952 Seal Coat QUEBEC WOOLDRIDGE ALBERTA CIR Local 72 DIST4 200 24 533 Seal Coat QUEBEC ALBERTA CIR MONTREAL CIR Local 72 DIST4 260 24 693 Seal Coat QUEBEC MONTREAL CIR NEW BRUNSWICK DR Local 72 DIST4 260 24 693 Seal Coat QUEBEC NEW BRUNSWICK DR KITCHENER Local 72 DIST4 130 24 347 Seal Coat QUEBEC KITCHENER OTTAWA CIR Local 72 DIST4 130 24 347 Seal Coat QUEBEC OTTAWA CIR VANCOUVER DR Local 72 DIST4 280 24 747 Seal Coat QUEBEC VANCOUVER DRI ARTIC CIR Local 72 DIST4 240 24 640 Seal Coat QUEBEC ARTIC CIR ERIE DR Local 72 DIST4 130 24 347 Seal Coat QUEBEC ERIE DR WEST MOUNT DR Local 72 DIST4 395 24 1,053 Seal Coat QUEBEC WEST MOUNT DR TORONTO DR Local 72 DIST4 840 24 2,240 Seal Coat TRUK DR TONGA DR FIJI Local 82 DIST4 285 24 760 Seal Coat TRUK DR FIJI LORINE DR Local 82 DIST4 168 24 448 Seal Coat TRUK DR LORINE SANDS Local 82 DIST4 275 24 733 5 SPMP Year 2 Work Plan By District WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat TRUK DR SANDS TINIAN Local 85 DIST4 210 24 560 Overlay CREEKMONT BOSTON DEAD END Local 57 DIST5 314 24 837 Overlay HAMPTON DEAD END BROCKHAMPTON Local 54 DIST5 183 24 488 Overlay HAUBOURDIN CHARLERO DEAD END Local 55 DIST5 311 24 829 Overlay KERN KNUCKLE RHINE Local 54 DIST5 709 24 1891 Overlay KERN THAMES KNUCKLE Local 54 DIST5 162 24 432 Overlay KERN KNUCKLE KNUCKLE Local 54 DIST5 140 35 544 Overlay LAKE APACHE LAKE SUPERIOR KAW LAKE Local 59 DIST5 164 24 437 Overlay LAKE APACHE LAKE TRAVIS LAKE MICALA Local 59 DIST5 642 24 1712 Overlay LAKE APACHE KAW LAKE LAKE TRAVIS Local 59 DIST5 943 24 2515 Overlay LAKE BAYKAL EVERHART EVERHART Local 54 DIST5 1111 24 2963 Overlay MICHAUX FULTON DEAD END Local 55 DIST5 418 24 1115 Overlay MONTDIDIER OUTREAU STRASBOURG Local 55 DIST5 355 24 947 Overlay OSO VALDEMORILLO CAMPODOLCINO Collector 55 DIST5 556 16 988 Overlay 050 BEAUVAIS VALTOURMANCHE Collector 55 DIST5 1030 16 1831 Overlay OSO TURNAROUND BAR LE DOC Collector 55 DISTS 972 16 1728 Overlay OSO PIEDRABUENA VALDEMORILLO Collector 55 DIST5 578 16 1028 Overlay 050 VALTOURMANCHE PIEDRABUENA Collector 55 DIST5 578 16 1028 Overlay 050 VALTOURMANCHE VALTOURMANCHE Collector 55 DIST5 125 50 694 Overlay 050 CAMPODOLCINO CAMPODOLCINO Collector 55 DIST5 125 50 694 Overlay 050 TURNAROUND TURNAROUND Collector 55 DIST5 53 50 294 Overlay OSO VALDEMORILLO VALDEMORILLO Collector 55 DIST5 125 50 694 Overlay 050 PIEDRABUENA PIEDRABUENA Collector 55 DIST5 125 50 694 Overlay 050 CAMPODOLCINO TURNAROUND Collector 55 DIST5 1038 16 1845 Overlay OSO N STAPLES BEAUVAIS Collector 55 DIST5 358 20 796 Overlay O5O S STAPLES BEAUVAIS Collector 55 DISTS 358 20 796 Overlay PICADILLY WATERFORD LIVERPOOL Local 54 DIST5 812 36 3248 Overlay STONY BROOK CEDAR BROOK SPRING BROOK Local 54 DIST5 560 24 1493 Overlay STONY BROOK BOSTON CEDAR BROOK Local 54 DIST5 172 36 688 Overlay TARAFAYA LOVAIN LOVAIN Local 58 DIST5 132 24 352 Overlay TARAFAYA LOVAIN LEMANS Local 58 DIST5 1110 24 2960 Overlay TIMBERGATE OPENGATE HEAVEN'S GATE Collector 55 DISTS 468 37 1924 Overlay TIMBERGATE STAPLES OPENGATE Collector 55 DIST5 704 37 2894 Overlay VENICE LAKE HURON CANYON LAKE Local 58 DISTS 132 36 528 Overlay VENICE CONSTANCE VANERN Local 58 DIST5 216 36 864 Overlay VENICE YORKTOWN LAKE HURON Local 58 DIST5 39 36 156 Overlay VENICE VANERN MEGAL Local 58 DISTS 701 36 2804 Overlay VENICE CANYON LAKE CONSTANCE Local 58 DISTS 128 36 512 Overlay WOODGATE NORTHGATE HEAVENSGATE Local 59 DIST5 633 24 1688 Overlay WOOLDRIDGE SERVICE RD 5 STAPLES LOST CREEK Local 55 DISTS 638 18 1276 Overlay YORKTOWN AIRLINE RANCHO VISTA Arterial 55 DIST5 723 22 1767 Overlay YORKTOWN RANCHO VISTA FREDS FOLLY Arterial 55 DIST5 1103 22 2696 Overlay YORKTOWN FREDS FOLLY PETERSON Arterial 55 DIST5 1461 22 3571 Seal Coat AIRLINE BEECHWOOD ORANGEWOOD Arterial 72 DIST5 230 58 1,482 Seal Coat AIRLINE ORANGEWOOD BIRCHWOOD Arterial 72 DIST5 230 58 1,482 Seal Coat AIRLINE BIRCHWOOD WILLIAMS DR Arterial 72 DIST5 340 58 2,191 Seal Coat AIRLINE WILLIAMS DR PADRE ISLAND DR Arterial 75 DIST5 1070 67 7,966 Seal Coat CIMARRON MISTY MEADOW DR WOOLDRIDGE RD. Arterial 78 DIST5 525 58 3,383 Seal Coat CIMARRON WOOLDRIDGE RD. COPPEDGE Arterial 78 DIST5 400 56 2,489 Seal Coat CIMARRON COPPEDGE KRISTIN DR Arterial 78 DIST5 499 56 3,105 Seal Coat CIMARRON KRISTIN BRADLEY Arterial 78 DIST5 272 56 1,692 Seal Coat RODD FIELD SARATOGA MANSIONS Arterial 75 DIST5 790 45 3,950 Seal Coat GRAND JUNCTION VALOR DR ELBA CT Collector 77 DIST5 410 36 1,640 Seal Coat GRAND JUNCTION ELBA CT SANDERS DR Collector 77 DIST5 1050 36 4,200 Seal Coat GRAND JUNCTION SANDERS DR EVERHART RD Collector 78 DISTS 1321 40 5,871 Seal Coat PARKWAY WOOLDRIDGE RD. ESPLANADE DR. Collector 75 DIST5 1232 44 6,023 Seal Coat SPANISH WOOD LIPES LINDENWOOD Collector 75 DIST5 490 36 1,960 Seal Coat SPANISH WOOD LINDENWOOD CORSICA Collector 75 DIST5 375 36 1,500 Seal Coat SPANISH WOOD TAPESTRY DEAD END Collector 75 DISTS 141 36 564 Seal Coat ALTHEA LIPES FICUS Local 72 DIST5 166 24 443 Seal Coat ALTHEA FICUS DEAD END Local 72 DIST5 166 24 443 Seal Coat BOCA RATON CONGRESSIONAL SEA ISLAND Local 73 DIST5 360 26 1,040 Seal Coat BRIGHTWOOD LINDENWOOD DEAD END (N) Local 72 DIST5 267 24 712 Seal Coat BRIGHTWOOD LINDENWOOD DEAD END (N) Local 72 DIST5 267 24 712 Seal Coat CAPERNAUM BARNARD DR DEAD END Local 76 DIST5 332 24 885 Seal Coat DAMSEL CHICAGO D.E. SOUTH Local 76 DIST5 450 24 1,200 Seal Coat DEEPDALE CORAL RIDGE PEBBLE BEACH Local 76 DIST5 660 26 1,907 Seal Coat ELBA GRAND JUNCTION DEAD END (E) Local 75 DISTS 515 24 1,373 Seal Coat ESPLANADE STAPLES 5. PARKWAY DR. Local 76 DIST5 1983 22 4,847 Seal Coat ESPLANADE PARKWAY DR. SPOHN DR Local 76 DISTS 243 22 594 Seal Coat GRAND LAKE STARNBERG LAKE BURKHART W. Local 76 DIST5 425 95 4,486 Seal Coat GRAND LAKE BURKHART W. BURKHART E. Local 76 DIST5 100 95 1,056 Seal Coat GRAND LAKE DIJON LAKE LAKE BOLSENA Local 76 DISTS 618 95 6,523 Seal Coat GRENADE STRASBOURG DR WATERFORD DR Local 76 DISTS 158 24 421 Seal Coat GRENADE WATERFORD DR BEAUVAIS DR Local 76 DIST5 458 24 1,221 Seal Coat GUINEVERE ROCK CREST DR BISON DR Local 76 DIST5 925 24 2,467 Seal Coat GUINEVERE BISON DR TEMP D.E. Local 76 DIST5 407 24 1,085 Seal Coat HALFPENNY BROCKHAMPTON HAMPTON Local 76 DIST5 1135 24 3,027 Seal Coat HALFPENNY DEAD END S BROCKHAMPTON Local 76 DIST5 146 24 389 Seal Coat JULIA CR LIPES DEAD END (N) Local 74 DIST5 338 24 901 Seal Coat KILLARMET KILLARMET DEAD END Local 75 DIST5 160 36 640 Seal Coat KITTY LIPES BLVD DEAD END Local 75 DISTS 498 24 1,328 6 SPMP Year 2 Work Plan By District WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat LAURELES FORT GRIFFEN DR RANCHO VISTA BLVD (W) Local 72 DIST5 305 24 813 Seal Coat MARISSA LEMANS DEAD END Local 72 DIST5 550 24 1,467 Seal Coat OUTREAU MONTDIDIER LOVAIN Local 76 DIST5 748 24 1,995 Seal Coat PATRIOT SANDERS DR VALOR DR Local 73 DIST5 197 24 525 Seal Coat PATRIOT VALOR DR SANDERS DR Local 73 DIST5 1185 24 3,160 Seal Coat PINEHURST BROADMOOR AUGUSTA DR Local 73 DIST5 470 26 1,358 Seal Coat SOUTH FORK MARBLE FALLS DEAD END Local 73 DIST5 413 24 1,101 Seal Coat LAKE SUPERIOR LAKE APACHE VANERN Local 76 DIST5 207 24 552 Seal Coat LAKE SUPERIOR VANERN LAKE TRAVIS Local 76 DIST5 1330 24 3,547 Seal Coat LAKE SUPERIOR LAKE TRAVIS LAKE MICALA Local 76 DIST5 505 24 1,347 Seal Coat LAKE SUPERIOR LAKE MICALA LAKE WINDERMERE Local 76 DIST5 646 24 1,723 7 SPMP Year 2 Alternate Streets By District WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat LEOPARD STREET FIVE POINTS TX -407 SPUR ON-RAMP Arterial 69 DIST1 3912 60 26,080 Seal Coat CREEK VIEW DR SHALLOW CREEK DR WOODCREEK DR Local 64 DIST1 270 24 720 Seal Coat CREEK VIEW DR WOODCREEK DR CREEK SIDE DR Local 56 DIST1 270 24 720 Seal Coat CREEK VIEW DR CREEK SIDE DR BARRICADE Local 56 DIST1 135 24 360 Seal Coat XAVIER COURT FISK COKE Local 58 DIST1 1150 15 1,917 Seal Coat BLEVINS ANNAPOLIS FLORIDA Local 61 DIST2 295 28 918 Seal Coat BLEVINS FLORIDA TYLER Local 61 DIST2 339 28 1,055 Seal Coat BLEVINS TYLER LOGAN Local 61 DIST2 376 28 1,170 Seal Coat BLEVINS LOGAN YORK Local 61 DIST2 330 28 1,027 Seal Coat BLEVINS YORK NAPLES Local 61 DIST2 188 28 585 Seal Coat CAIN BREASWOOD ETHERIDGE Local 60 DIST3 698 24 1,861 Seal Coat CAIN ETHERIDGE BRIARWOOD Local 60 DIST3 659 24 1,757 Seal Coat CAIN BRIARWODD STAPLES Local 60 DIST3 445 24 1,187 Seal Coat CONGRESSIONAL SHEA BRISBANE Collector 61 DIST3 1045 36 4,180 Seal Coat ALLEY ALAMEDA KENTNER Local 65 DIST4 1280 14 1,991 Seal Coat OAKDALE WALDRON DEAD END E Local 57 DIST4 1551 18 3,102 Seal Coat GREGORY AIRLINE PHILOMENA Local 62 DIST4 630 26 1,820 Seal Coat HALIFAX OSO PKWY CALGARY Local 58 DIST4 951 24 2,536 Seal Coat OLEANDER ARMIN DENVER Local 61 DIST4 1149 26 3,319 Seal Coat OLEANDER DENVER OCEAN Local 61 DIST4 388 26 1,121 Seal Coat CARIBOU BISON DEAD END Local 59 DIST5 428 24 1,141 Seal Coat CARIBOU BISON MOOSE Local 59 DIST5 590 24 1,573 Seal Coat LOVAIN LEMANS OUTREAU Local 53 DIST5 949 24 2,531 Seal Coat MERGANSER ELDER CANVASBACK Local 57 DIST5 612 24 1,632 Seal Coat MERGANSER CANVASBACK WOOD DUCK Local 57 DIST5 835 36 3,340 8 SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Overlay 14TH HANCOCK BUFORD Local 55 DIST1 428 24 1,141 Overlay 14TH MCKENZIE AYERS Local 54 DIST2 838 24 2235 Overlay 14TH ELIZABETH MCKENZIE Local 54 DIST2 845 24 2253 Overlay 19TH BUFORD HANCOCK Collector 55 DIST1 441 38 1,862 Overlay 23RD MORRIS COLEMAN Local 54 DIST1 280 24 747 Overlay 23RD RUTH BUFORD Local 54 DIST1 755 24 2,013 Overlay 23RD MARY MORRIS Local 54 DIST1 330 24 880 Overlay AGNES CARRIZO KING Arterial 55 DIST1 429 41 1,954 Seal Coat AGNES CARANCAHUA CHAPARRAL Arterial 70 DIST1 950 15 1,583 Seal Coat AGNES STAPLES S. ALAMEDA 5. Arterial 75 DIST1 450 41 2,050 Seal Coat AGNES ALAMEDA S. TENTH Arterial 75 DIST1 470 41 2,141 Seal Coat AGNES TENTH TWELFTH Arterial 75 DIST1 460 41 2,096 Seal Coat AGNES TWELFTH BROWNLEE Arterial 75 DIST1 460 41 2,096 Seal Coat AIRLINE MC ARDLE BELMEADE Arterial 70 DIST4 970 64 6,898 Seal Coat AIRLINE BELMEADE KIMBROUGH Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE KIMBROUGH RILEY Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE RILEY LUCILLE Arterial 70 DIST4 290 64 2,062 Seal Coat AIRLINE LUCILLE NORVEL Arterial 70 DIST4 300 64 2,133 Seal Coat AIRLINE NORVEL SHAMROCK Arterial 70 DIST4 280 64 1,991 Seal Coat AIRLINE SHAMROCK HUGO Arterial 70 DIST4 300 64 2,133 Seal Coat AIRLINE HUGO GOLLIHAR Arterial 70 DIST4 350 64 2,489 Seal Coat AIRLINE BEECHWOOD ORANGEWOOD Arterial 72 DISTS 230 58 1,482 Seal Coat AIRLINE ORANGEWOOD BIRCHWOOD Arterial 72 DIST5 230 58 1,482 Seal Coat AIRLINE BIRCHWOOD WILLIAMS DR Arterial 72 DIST5 340 58 2,191 Seal Coat AIRLINE WILLIAMS DR PADRE ISLAND DR Arterial 75 DISTS 1070 67 7,966 Seal Coat ALAMEDA GLENMORE HOMECREST Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA HOMECREST CLAREMORE Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA CLAREMORE UNIVERSITY Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA UNIVERSITY PALMETTO Arterial 70 DIST4 325 56 2,022 Seal Coat ALAMEDA PALMETTO HAROLDSON Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA HAROLDSON TROY Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA TROY POENISCH Arterial 70 DIST4 275 56 1,711 Seal Coat ALAMEDA BELLEVIEW RONSON Arterial 70 DIST4 300 62 2,067 Seal Coat ALLEY PALO ALTO POWER Local 75 DIST1 346 16 615 Seal Coat ALLEY SINCLAIR ROSSITER Local 70 DIST4 845 10 939 Seal Coat ALLEY ARGONNE BARHART Local 75 DIST4 460 16 818 Seal Coat ALLEY BRINTTANY ARGONNE Local 75 DIST4 465 16 827 Seal Coat ALLEY VETTERS DECATUR Local 75 DIST4 465 16 827 Seal Coat ALTHEA LIPES FICUS Local 72 DIST5 166 24 443 Seal Coat ALTHEA FICUS DEAD END Local 72 DIST5 166 24 443 Seal Coat AQUARIUS DAS MARINAS SKYSAIL Collector 71 DIST4 816 36 3264 Seal Coat AVENIDA DE SAN NICO VERDEMAR VILLA MARIA IS. Local 74 DIST4 945 20 2,100 Seal Coat AYERS MC ARDLE NEMEC ST. Arterial 75 DIST3 865 50 4,806 Seal Coat AYERS NEMEC ST. PADRE ISLAND DR Arterial 75 DIST3 530 46 2,709 Seal Coat AYERS GOLLIHAR VIOLA Arterial 75 DIST3 410 46 2,096 Seal Coat AYERS VIOLA SUNNYBROOK Arterial 75 DIST3 915 46 4,677 Seal Coat AYERS SUNNYBROOK MANSHEIM Arterial 75 DIST3 645 46 3,297 Overlay BALDWIN OSAGE ROSEWOOD Arterial 55 DIST1 584 56 3,634 Overlay BALDWIN SABINAS ELGIN Arterial 55 DIST1 322 57 2,039 Overlay BALDWIN LAMAR PORT Arterial 55 DIST1 550 57 3,483 Overlay BALDWIN ELGIN GREENWOOD Arterial 55 DIST1 345 56 2,147 Overlay BALDWIN ELGIN ELGIN Arterial 55 DIST1 75 58 483 Overlay BALDWIN GREENWOOD LAMAR Arterial 55 DIST1 266 56 1,655 Seal Coat BALDWIN AYERS GLENDALE Arterial 70 DIST2 310 57 1,963 Seal Coat BALDWIN GLENDALE NAPLES Arterial 70 DIST2 1020 57 6,460 Seal Coat BALDWIN NAPLES STAPLES Arterial 70 DIST2 410 57 2,597 Seal Coat BALI MEOITERRANEA DEAD END Local 75 DIST4 1130 24 3,013 Seal Coat BEACH BREAK DEAD END (N) FRONTSIDE DR Local 74 DIST4 280 24 747 Seal Coat BEACH BREAK FRONTSIDE DR BACKSIDE DR Local 74 DIST4 230 24 613 Seal Coat BEACH BREAK BACKSIDE DR DEAD END (S) Local 74 DIST4 280 24 747 Seal Coat BEAUFORT CAPTAIN KIDD DEAD END Local 74 DIST4 1148 24 3,061 Seal Coat BECKWORTH OREGON TRAIL DEAD END Local 75 DIST1 562 24 1499 Overlay BELMEADE RAWLEIGH RONSON Local 55 DIST4 338 37 1390 Overlay BELMEADE AIRLINE BELMEADE Local 55 DIST4 543 37 2232 Overlay BELMEADE DICKENS RAWLEIGH Local 55 DIST4 288 37 1184 Seal Coat BETA PURDUE RD ZUZA WAY Local 73 DIST4 282 24 752 Overlay BIG CYPRUS BAYOU DRY CREEK BED ROCK Local 55 DIST1 1145 24 3,053 Overlay BIG CYPRUS BAYOU BEDROCK DEAD END Local 55 DIST1 245 24 653 Seal Coat BOCA RATON CONGRESSIONAL SEA ISLAND Local 73 DIST5 360 26 1,040 Seal Coat BONITA AYERS ST. ISABEL Local 75 DIST2 340 24 907 Seal Coat BONITA ISABEL FIG Local 75 DIST2 360 24 960 Seal Coat BOWIE SOKOL SANTA ANA Local 75 DIST3 750 24 2,000 Seal Coat BOWSPIRIT CAPTAIN KIDD DEAD END Local 72 DIST4 1138 24 3,035 Overlay BRAWNER ORMUND MELBOURNE Collector 55 DIST2 296 24 789 Overlay BRAWNER WYNWOOD DAYTONA Collector 55 DIST2 210 24 560 Overlay BRAWNER MELBOURNE LEA Collector 55 DIST2 443 24 1181 Seal Coat BRIGHTON ORLEANS VERSAILLES Local 74 DIST4 795 24 2,120 Seal Coat BRIGHTWOOD LINDENWOOD DEAD END (N) Local 72 DIST5 267 24 712 Seal Coat BRIGHTWOOD LINDENWOOD DEAD END (N) Local 72 DIST5 267 24 712 Seal Coat BROOKHAVEN BROOKSIDE U.S.HWY.77 Local 76 DIST1 578 21 1349 Seal Coat BROOKHAVEN MC BURNETT BROOKSIDE Local 76 DIST1 1080 21 2520 Seal Coat BROUGHTON FOLEY LAMONT Local 75 DIST2 190 24 S07 1 SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat BROUGHTON MC ARDLE FOLEY Local 75 DIST2 1032 24 2,752 Seal Coat BUFORD FOURTEENTH BROWNLEE Local 77 DIST1 340 24 907 Seal Coat CAPERNAUM BARNARD DR DEAD END Local 76 DIST5 332 24 885 Overlay CARLETA SKIPPER VALERIE Local 56 DIST4 315 17 595 Overlay CAROLINE MARSHALL MCNORTON Local 54 DIST1 1143 24 3,048 Overlay CARROLL BRAWNER DALRAIDA Collector 55 DIST2 150 36 600 Overlay CARROLL DALRADIA HOUSTON Collector 55 DIST2 337 36 1348 Seal Coat CASTLE KNOLL CASTLE RIDGE CASTLE RIDGE Local 77 DIST1 636 24 1696 Overlay CENTER SHOPPING CENTER DELAINE Local 55 DIST4 140 24 373 Overlay CENTER PEERMAN PASADENA Local 55 DIST4 302 24 805 Overlay CENTER DELAINE JACKSON Local 55 DIST4 225 24 600 Overlay CENTER JACKSON GRANT Local 55 DIST4 261 24 696 Overlay CENTER CATALINA PEERMAN Local 55 DIST4 306 24 816 Overlay CENTER GRANT CATALINA Local 55 DIST4 307 24 819 Overlay CHAMBERLAIN TOPEKA AUSTIN Local 54 DIST2 320 36 1280 Overlay CHAMBERLAIN AUSTIN LAWNVIEW Local 54 DIST2 312 36 1248 Seal Coat CHEYENNE AGNES LOU Collector 78 DIST1 575 24 1,533 Seal Coat CHEYENNE LOU HURON Collector 78 DIST1 650 24 1,733 Seal Coat CHEYENNE HURON CHIPPEWA Collector 78 DIST1 650 24 1,733 Seal Coat CHEYENNE CHIPPEWA NAVAJO Collector 78 DIST1 650 24 1,733 Seal Coat CHINA BERRY HILL CREST BLUEWATER Local 75 DIST3 810 24 2,160 Seal Coat CIMARRON MISTY MEADOW DR WOOLDRIDGE RD. Arterial 78 DIST5 525 58 3,383 Seal Coat CIMARRON WOOLDRIDGE RD. COPPEDGE Arterial 78 DIST5 400 56 2,489 Seal Coat CIMARRON COPPEDGE KRISTIN DR Arterial 78 DIST5 499 56 3,105 Seal Coat CIMARRON KRISTIN BRADLEY Arterial 78 DIST5 272 56 1,692 Overlay CLEARWATER CORAL GABLES SWANSEA Local 59 DIST3 289 26 835 Overlay CLEARWATER SHEA CORAL GABLES Local 59 DIST3 518 26 1,496 Overlay CLEARWATER SWANSEA BRISBANE Local 59 DIST3 356 26 1,028 Overlay CLIFTON BENYS DEAD END Local 59 DIST1 805 24 2,147 Overlay COAHUILA GREENWOOD LOS ROBLES Local 62 DIST3 1238 24 3,301 Overlay COLE THIRD SANTA FE Local 54 DIST2 254 24 677 Overlay COLE SANTA FE LAWNVIEW Local 54 DIST2 636 24 1696 Overlay COLE ALLEY SECOND -OCEAN SECOND Local 54 DIST2 183 24 488 Overlay COLE ALAMEDA BROWNLEE Local 54 DIST2 633 24 1688 Overlay COLE OCEAN ALLEY SECOND -OCEAN Local 54 DIST2 203 24 541 Overlay COLE LAWNVIEW ALAMEDA Local 54 DIST2 925 24 2467 Overlay COLE SECOND THIRD Local 54 DIST2 256 24 683 Overlay COLUMBIA DOMINGO RENEE Collector 39 DIST3 505 24 1,347 Overlay COLUMBIA SPID AMBASSADOR Collector 59 DIST3 870 36 3,480 Overlay COLUMBIA WEST POINT ANITA Collector 39 DIST3 275 24 733 Overlay COLUMBIA AMBASSADOR LINDA VISTA Collector 59 DIST3 365 36 1,460 Overlay COLUMBIA VILLAREAL CLOVER Collector 39 DIST3 282 24 752 Overlay COLUMBIA LINDA VISTA NATIONAL Collector 59 DIST3 440 36 1,760 Overlay COLUMBIA RENEE VILLAREAL Collector 39 DIST3 333 24 888 Overlay COLUMBIA ANITA DOMINGO Collector 39 DIST3 461 24 1,229 Overlay COLUMBIA NATIONAL WEST POINT Collector 59 DIST3 495 36 1,980 Overlay CORTEZ GALVAN BALDWIN Local 54 DIST1 325 24 867 Overlay CORTEZ PINE GALVAN Local 54 DIST1 279 24 744 Overlay CORTEZ CARMEN NAVAJO Local 54 DIST3 240 24 640 Overlay CORTEZ BALDWIN CARMEN Local 54 DIST3 281 24 749 Overlay CREEKMONT BOSTON DEAD END Local 57 DIST5 314 24 837 Seal Coat CREEKSIDE CREEKVIEW DEAD END Local 77 DIST1 725 24 1933 Seal Coat CREST PEBBLE CREST VALLEY CREST WATER Local 75 DIST3 560 36 2,240 Seal Coat CUIPER NAPLES DINN Local 75 DIST2 275 33 1,008 Seal Coat CUIPER DINN CARLTON Local 75 DIST2 275 34 1,039 Seal Coat DAMSEL CHICAGO D.E. SOUTH Local 76 DIST5 450 24 1,200 Seal Coat DEEPDALE CORAL RIDGE PEBBLE BEACH Local 76 DIST5 660 26 1,907 Overlay DENVER DODDRIDGE DEAD END W Local 57 DIST4 742 24 1979 Overlay DENVER WILSHIRE DODDRIDGE Local 57 DIST4 356 24 949 Overlay DENVER JACKSON WILSHIRE Local 57 DIST4 144 24 384 Seal Coat EISENHOWER HALSEY NIMITZ Local 72 DIST2 240 24 640 Seal Coat EISENHOWER MONTGOMERY DUNBAR Local 72 DIST2 240 24 640 Seal Coat EISENHOWER SOLEDAD NOGALES Local 72 DIST2 240 24 640 Seal Coat EISENHOWER BOLIVAR PRESA Local 72 DIST2 240 24 640 Seal Coat EISENHOWER DUNBAR HALSEY Local 72 DIST2 240 24 640 Seal Coat EISENHOWER GUADALUPE TARLTON Local 72 DIST2 240 24 640 Seal Coat EISENHOWER NOGALES GUADALUPE Local 72 DIST2 240 24 640 Seal Coat EISENHOWER PRESA SOLEDAD Local 72 DIST2 240 24 640 Seal Coat EISENHOWER TARLTON WAINWRIGHT Local 72 DIST2 240 24 640 Seal Coat EISENHOWER WAINWRIGHT MONTGOMERY Local 72 DIST2 240 24 640 Seal Coat ELBA GRAND JUNCTION DEAD END (E) Local 75 DIST5 515 24 1,373 Seal Coat ESPLANADE STAPLES S. PARKWAY DR. Local 76 DIST5 1983 22 4,847 Seal Coat ESPLANADE PARKWAY DR. SPOHN DR Local 76 DIST5 243 22 594 Seal Coat EVERHART STAPLES S. WHAT -A -BURGER WAY Arterial 70 DIST2 175 56 1,089 Seal Coat EVERHART WHAT -A -BURGER WAY BURNEY Arterial 70 DIST2 1000 56 6,222 Seal Coat EVERHART BURNEY JANSSEN Arterial 70 DIST2 480 56 2,987 Seal Coat EVERHART JANSSEN LAMONT Arterial 70 DIST2 315 56 1,960 Seal Coat EVERHART LAMONT MC ARDLE Arterial 70 DIST2 870 56 5,413 Overlay EVERHART SPID WILLIAMS Arterial 60 DIST3 1120 52 6,471 Overlay EVERHART WILLIAMS CURTIS CLARK Arterial 60 DIST3 660 52 3,813 Seal Coat FIJI TRUK DR DEAD END N Local 73 DIST4 150 24 400 Overlay FISK WINNEBAGO XAVIER Local 55 DIST1 464 16 825 2 SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat FRONTSIDE BACKSIDE DR BEACH BREAK DR Local 72 DIST4 540 24 1,440 Seal Coat GRAND JUNCTION VALOR DR ELBA CT Collector 77 DIST5 410 36 1,640 Seal Coat GRAND JUNCTION ELBA CT SANDERS DR Collector 77 DIST5 1050 36 4,200 Seal Coat GRAND JUNCTION SANDERS DR EVERHART RD Collector 78 DIST5 1321 40 5,871 Seal Coat GRAND LAKE STARNBERG LAKE BURKHART W. Local 76 DIST5 425 95 4,486 Seal Coat GRAND LAKE BURKHART W. BURKHART E. Local 76 DIST5 100 95 1,056 Seal Coat GRAND LAKE DIJON LAKE LAKE BOLSENA Local 76 DIST5 618 95 6,523 Overlay GREEN ACRE GREEN TREE DEAD END Local 68 DIST3 235 24 627 Overlay GREEN VALLEY GREEN TREE DEAD END W Local 62 DIST3 350 24 933 Seal Coat GREENWOOD PORT AVE. REYNA Arterial 75 DIST1 275 42 1,283 Seal Coat GREENWOOD REYNA STANLEY Arterial 75 DIST1 675 42 3,150 Seal Coat GREENWOOD STANLEY BALDWIN Arterial 75 DIST1 175 42 817 Seal Coat GRENADE STRASBOURG DR WATERFORD DR Local 76 DIST5 158 24 421 Seal Coat GRENADE WATERFORD DR BEAUVAIS DR Local 76 DIST5 458 24 1,221 Seal Coat GUADALUPE RIVER PECOS RIVER WORDWORTH Local 75 DIST1 466 24 1243 Seal Coat GUADALUPE RIVER WOOD RIVER DR. PECOS RIVER Local 75 DIST1 840 24 2240 Seal Coat GUADALUPE RIVER WORDWORTH BALLARD TREE Local 75 DIST1 657 24 1752 Seal Coat GUADALUPE RIVER WHITMAN CIR. GERONIMO Local 75 DIST1 264 24 704 Seal Coat GUINEVERE ROCK CREST DR BISON DR Local 76 DIST5 925 24 2,467 Seal Coat GUINEVERE BISON DR TEMP D.E. Local 76 DIST5 407 24 1,085 Seal Coat GULF BREEZE GULF SPRAY NEAL Local 79 DIST1 365 24 973 Seal Coat GULF BREEZE NEAL HAYES Local 79 DIST1 350 24 933 Seal Coat GULF BREEZE HAYES BEACH Local 79 DIST1 350 24 933 Seal Coat GULF BREEZE BEACH REEF Local 79 DIST1 350 24 933 Seal Coat HALFPENNY BROCKHAMPTON HAMPTON Local 76 DIST5 1135 24 3,027 Seal Coat HALFPENNY DEAD END S BROCKHAMPTON Local 76 DIST5 146 24 389 Overlay HAMPTON DEAD END BROCKHAMPTON Local 54 DIST5 183 24 488 Seal Coat HANDLIN PURDUE RD BREAK POINT Local 73 DIST4 658 24 1,755 Seal Coat HANDLIN BREAK POINT HOMEDALE ST Local 73 DIST4 649 24 1,731 Seal Coat HARVARD PRESCOTT VITEMB Local 71 DIST3 630 24 1,680 Overlay HAUBOURDIN CHARLERO DEAD END Local 55 DIST5 311 24 829 Overlay HEWIT ALLEY HEWIT OCEAN SOUTH HEWIT DR (N-5) Local 59 DIST4 223 36 892 Overlay HEWIT HEWIT DR (N-5) EAST HEWIT ALLEY Local 59 DIST4 787 30 2623 Overlay HEWIT EAST HEWIT ALLEY HEWIT PL Local 59 DIST4 272 30 907 Overlay HEWIT HEWIT WESTHEWITALLEY Local 59 DIST4 1212 30 4040 Overlay HEWIT WESTHEWITALLEY HEWIT Local 59 DIST4 1888 30 6293 Overlay HEWIT OCEAN ALLEY HEWIT OCEAN SOUTH Local 59 DIST4 347 36 1388 Overlay HEWIT HEWIT PL WESTHEWITALLEY Local 59 DIST4 282 30 940 Overlay HEWIT HEWIT DR 5 SANTA FE Local 59 DIST4 433 30 1443 Overlay HEWIT WESTHEWITALLEY HEWIT DRS Local 59 DIST4 283 30 943 Seal Coat HIGHLAND HIGHLAND AVE. PORT AVE. Local 75 DIST1 150 41 683 Seal Coat HILL CREST CREST WATER CHINA BERRY Local 72 DIST3 270 36 1,080 Seal Coat HILL CREST CHINA BERRY ALLEY Local 72 DIST3 130 36 520 Seal Coat HILL CREST ALLEY SEAHAWK Local 72 DIST3 130 36 520 Seal Coat HILL CREST SEAHAWK ALLEY Local 72 DIST3 130 36 520 Seal Coat HILL CREST RIVER CREST WHITE BIRD Local 72 DIST3 180 36 720 Seal Coat HILLCREST ALLEY RIVER CREST Local 72 DIST3 80 36 320 Seal Coat HOLLYWOOD NESBITT HOLLYWOOD TR Local 74 DIST2 200 28 622 Seal Coat HUDSON PRESCOTT VITEMB Local 71 DIST3 630 24 1,680 Seal Coat HUDSON VITEMB VESTAL Local 71 DIST3 575 24 1,533 Overlay HUSTLIN HORNET IVY WALDRON Local 59 DIST4 996 40 4427 Overlay IMPERIAL HARBOR W. CAUSEWAY DEAD END Local 56 DIST1 686 24 1,829 Seal Coat JAMAICA MEDITERRANEAN ORION Collector 73 DIST4 200 24 533 Seal Coat JAMAICA ORION ANTARES Collector 73 DIST4 230 24 613 Seal Coat JAMAICA ANTARES POLARIS PL Collector 73 DIST4 220 24 587 Seal Coat JAMAICA POLARIS PL PLEIADES PL Collector 73 DIST4 230 24 613 Seal Coat JAMAICA PLEIADES PL VEGA Collector 73 DIST4 230 24 613 Seal Coat JAMAICA VEGA CARRIBEAN Collector 73 DIST4 1540 24 4,107 Seal Coat JESSAMINE BAY BEAN TAMARISK Local 73 DIST4 648 24 1,728 Seal Coat JULIA CR LIPES DEAD END (N) Local 74 DIST5 338 24 901 Seal Coat KAIPO HELD DR WALDRON RD Local 73 DIST4 1286 24 3,429 Overlay KENTNER PARADE BAYSHORE/BAYCLIFF Local 57 DIST4 340 36 1360 Overlay KENTNER BAYSHORE/BAYCLIFF CAPE COD Local 57 DIST4 500 36 2000 Seal Coat KENWOOD FAIRMONT FAIRVIEW Local 74 DIST1 500 30 1667 Overlay KERN KNUCKLE RHINE Local 54 DIST5 709 24 1891 Overlay KERN THAMES KNUCKLE Local 54 DIST5 162 24 432 Overlay KERN KNUCKLE KNUCKLE Local 54 DIST5 140 35 544 Seal Coat KILLARMET KILLARMET DEAD END Local 75 DIST5 160 36 640 Seal Coat KILLARMET CIR W KILLARMET DEAD END Local 75 DIST3 160 36 640 Seal Coat KING PHILLIP COBO DE BARA DEAD END Local 72 DIST4 737 24 1,965 Seal Coat KITTY LIPES BLVD DEAD END Local 75 DIST5 498 24 1,328 Overlay KNICKERBOCKER NAGLE LAGUNA SHORES Collector 56 DIST4 375 18 750 Seal Coat KOSAR STAPLES S. FLORIDA Collector 75 DIST2 163 45 815 Seal Coat KOSAR FLORIDA YORK Collector 75 DIST2 138 37 567 Overlay LAKE APACHE LAKE SUPERIOR KAW LAKE Local 59 DIST5 164 24 437 Overlay LAKE APACHE LAKE TRAVIS LAKE MICALA Local 59 DIST5 642 24 1712 Overlay LAKE APACHE KAW LAKE LAKE TRAVIS Local 59 DIST5 943 24 2515 Seal Coat LAKE ATHENS PERFECTION LAKE AV SILVER LAKE CT Local 77 DIST1 245 32 871 Overlay LAKE BAYKAL EVERHART EVERHART Local 54 DIST5 1111 24 2963 Seal Coat LAKE SUPERIOR LAKE APACHE VANERN Local 76 DIST5 207 24 552 Seal Coat LAKE SUPERIOR VANERN LAKE TRAVIS Local 76 DIST5 1330 24 3,547 Seal Coat LAKE SUPERIOR LAKE TRAVIS LAKE MICALA Local 76 DIST5 505 24 1,347 3 SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat LAKE SUPERIOR LAKE MICALA LAKE WINDERMERE Local 76 DIST5 646 24 1,723 Overlay LANCASTER 146' FROM LEOPARD MUELLER Local 55 DIST1 380 47 1,984 Overlay LANCASTER LEOPARD 146' TOWARDS MUELLER Local 55 DIST1 146 26 422 Seal Coat LAREDO ALAMEDA N. TENTH ST. Arterial 75 DIST1 470 41 2,141 Seal Coat LAREDO TENTH ST. TWELFTH ST. Arterial 75 DIST1 460 41 2,096 Seal Coat LAREDO TWELFTH ST. BROWNLEE Arterial 75 DIST1 460 41 2,096 Seal Coat LAREDO BROWNLEE CROSSTOWN EXPWY Arterial 75 DIST1 400 41 1,822 Seal Coat LAREDO KING ST. STAPLES N. Arterial 75 DIST1 455 41 2,073 Seal Coat LAREDO CARRIZO ST. KING ST. Arterial 75 DIST1 450 41 2,050 Seal Coat LAREDO CARANCAHUA TANCAHUA ST. Local 70 DIST1 448 15 747 Seal Coat LAREDO TANCAHUA ST. LAREDO ST. Local 70 DIST1 488 15 813 Seal Coat LAURELES FORT GRIFFEN DR RANCHO VISTA BLVD (W) Local 72 DIST5 305 24 813 Overlay LEMING OCEAN DENVER Local 60 DIST4 352 26 1017 Overlay LEMING DENVER SANTA FE Local 60 DIST4 1041 26 3007 Overlay LEOPARD TULIP NUECES BAY Arterial 55 DIST1 111 70 863 Overlay LEXINGTON PADRE ISLAND DRIVE 1071' SOUTH OF SPID Collector 56 DIST4 1071 18 2142 Overlay LEXINGTON 649' N OF HECHLAR HECHLAR Collector 56 DIST4 649 22 1586 Overlay LOU HIAWATHA SHAWNEE Local 54 DIST1 304 24 811 Overlay LOU OSAGE MOHAWK Local 54 DIST1 326 24 869 Seal Coat MAC ARTHUR DUNBAR MONTGOMERY Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR GUADALUPE NOGALES Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR HALSEY DUNBAR Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR MONTGOMERY WAINWRIGHT Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR NIMITZ HALSEY Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR NOGALES SOLEDAD Local 72 DIST2 240 26 693 Seal Coat MAC ARTHUR SOLEDAD PRESA Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR TARLTON GUADALUPE Local 72 DIST2 240 24 640 Seal Coat MAC ARTHUR WAINWRIGHT TARLTON Local 72 DIST2 240 24 640 Seal Coat MARINA PARK ROAD 22 AMBROSIA Local 72 DIST4 534 24 1,424 Seal Coat MARISSA LEMANS DEAD END Local 72 DIST5 550 24 1,467 Seal Coat MARZBACHER SKIPPER LN. VALERIE Local 72 DIST4 300 20 667 Seal Coat MATTESON YORKTOWN BLVD. DEAD END N. Local 75 DIST4 1325 28 4,122 Overlay MAYO LIMERICK EVERHART Local 58 DIST3 622 24 1,659 Seal Coat McARDLE ANTHONY KASPER Collector 75 DIST2 335 40 1,489 Seal Coat McARDLE KASPER CONCORD Collector 75 DIST2 330 40 1,467 Seal Coat McARDLE CONCORD MONITOR Collector 75 DIST2 330 40 1,467 Seal Coat McARDLE MONITOR KARCHMER Collector 75 DIST2 210 40 933 Seal Coat McARDLE KARCHMER MERRIMAC Collector 77 DIST2 125 40 556 Seal Coat McARDLE MERRIMAC JOAN Collector 77 DIST2 335 40 1,489 Seal Coat McARDLE JOAN URBAN ST. Collector 77 DIST2 330 40 1,467 Seal Coat McARDLE URBAN ST. WEBER RD. Collector 77 DIST2 340 40 1,511 Seal Coat McARDLE WEBER RD. NELL Collector 85 DIST2 305 44 1,491 Seal Coat McARDLE NELL MARION CIR. Collector 85 DIST2 290 40 1,289 Seal Coat McARDLE MARION CIR. JEAN Collector 85 DIST2 290 40 1,289 Seal Coat McARDLE AYRES ARCHER Collector 75 DIST3 325 36 1,300 Seal Coat McARDLE ARCHER BLUNDELL Collector 75 DIST3 350 32 1,244 Seal Coat McARDLE BLUNDELL CHERYL Collector 75 DIST3 350 32 1,244 Seal Coat MEMPHIS PHARAOH DEAD END 5 Local 74 DIST4 275 24 733 Seal Coat MENDOZA ELVIRA THERESA W Local 78 DIST3 1260 24 3,360 Seal Coat MENDOZA THERESA E COLUMBIA Local 78 DIST3 1050 24 2,800 Overlay MESQUITE BELDEN IH 37 W Collector 55 DIST1 318 36 1,272 Overlay MESQUITE 147' N OF MANN MANN Collector 55 DIST1 147 36 588 Overlay MESQUITE POWER BELDEN Collector 55 DIST1 359 36 1,436 Overlay MESQUITE MANN TWIGG Collector 55 DIST1 216 36 864 Overlay MESQUITE IH 37 E 57' TOWARDS MANN Collector 55 DIST1 57 26 165 Seal Coat MESQUITE FITZGERALD PALO ALTO Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE RESACA FITZGERALD Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE HUGHES RESACA Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE BREWSTER HUGHES Collector 75 DIST1 360 38 1,520 Seal Coat MESQUITE HIRSCH BREWSTER Collector 75 DIST1 400 38 1,689 Seal Coat MESQUITE CHAPARRAL HIRSCH Local 75 DIST1 425 28 1322 Overlay MICAH FLOUR BLUFF ISAIAH Local 59 DIST4 190 24 507 Overlay MICHAUX FULTON DEAD END Local 55 DIST5 418 24 1115 Seal Coat MILLBROOK COVEWAY DR COVEWAY DR Local 73 DIST4 1360 27 4,080 Overlay MOBILE ROBBY RHODES Local 55 DIST1 590 16 1,049 Seal Coat MOLINA VILLAREAL BLOOMINGTON Local 74 DIST3 1400 24 3,733 Seal Coat MOLINA BLOOMINGTON HORNE RD Local 74 DIST3 1400 24 3,733 Overlay MONTDIDIER OUTREAU STRASBOURG Local 55 DIST5 355 24 947 Seal Coat MORRIS BROWNLEE TWELFTH Local 77 DIST1 345 24 920 Seal Coat MORRIS FOURTEENTH BROWNLEE Local 77 DIST1 340 24 907 Seal Coat MORRIS FIFTEENTH FOURTEENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS TWELFTH ELEVENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS TENTH ALAMEDA N. Local 77 DIST1 340 24 907 Seal Coat MORRIS ELEVENTH TENTH Local 77 DIST1 350 24 933 Seal Coat MORRIS CROSSTOWN EXPWY FIFTEENTH Local 77 DIST1 280 24 747 Seal Coat MORRIS DEAD END W. CROSSTOWN EXPWY Local 77 DIST1 160 18 320 Overlay MOUNTAIN VIEW LEOPARDS HONEY TRAIL Local 54 DIST1 160 24 427 Overlay MOUNTAIN VIEW HONEY TRAIL MESA Local 54 DIST1 301 24 803 Seal Coat NAPLES LAWNVIEW SANTA FE Local 73 DIST2 660 24 1,760 Seal Coat NAPLES SANTA FE THIRD ST. Local 73 DIST2 290 24 773 Seal Coat NAPLES THIRD ST. OCEAN DR. Local 73 DIST2 775 24 2,067 Overlay NATAL PLUM CORAL VINE TREEBINE Local 56 DIST4 1166 24 3109 4 SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat NAVIGATION BEAR LANE GREENTREE Arterial 75 DIST3 1240 24 3,307 Seal Coat NAVY ANCHOR N.A.S. DR. Local 72 DIST4 390 19 823 Seal Coat NAVY ANCHOR N.A.S. DR. Local 72 DIST4 390 19 823 Overlay NEAL ALLEY GULFBREEZE Local 55 DIST1 159 20 353 Overlay NEAL DEAD END GULFBREEZE Local 55 DIST1 188 18 376 Overlay NEAL SURFSIDE ALLEY Local 55 DIST1 159 20 353 Seal Coat NELSON LN WILLIAMS CURTIS CLARK Local 75 DIST3 660 24 1,760 Seal Coat NELSON LN CURTIS CLARK BONNER Local 75 DIST3 665 24 1,773 Seal Coat NELSON LN BONNER CAIN Local 75 DIST3 665 24 1,773 Seal Coat NEPTUNE OMAHA CENTAURIUS Local 78 DIST3 620 24 1,653 Seal Coat NOGALES NIAGARA DEAD END E. Local 73 DIST2 225 18 450 Seal Coat NOGALES SARITA NIAGARA Local 73 DIST2 675 24 1,800 Overlay NUECES JOSEPHINE WHEATLEY Local 56 DIST1 429 24 1,144 Overlay NUECES 150' SW OF WHEATLEY COKE Local 56 DIST1 321 24 856 Overlay NUECES WHEATLEY 150' SW Local 56 DIST1 150 44 733 Seal Coat OAKHURST HMAC-CONC EDGE TIGER LN Local 74 DIST3 720 34 2,720 Overlay 050 VALDEMORILLO CAMPODOLCINO Collector 55 DIST5 556 16 988 Overlay OSO BEAUVAIS VALTOURMANCHE Collector 55 DIST5 1030 16 1831 Overlay OSO TURNAROUND BAR LE DOC Collector 55 DIST5 972 16 1728 Overlay O5O PIEDRABUENA VALDEMORILLO Collector 55 DIST5 578 16 1028 Overlay OSO VALTOURMANCHE PIEDRABUENA Collector 55 DIST5 578 16 1028 Overlay OSO VALTOURMANCHE VALTOURMANCHE Collector 55 DIST5 125 50 694 Overlay OSO CAMPODOLCINO CAMPODOLCINO Collector 55 DIST5 125 50 694 Overlay OSO TURNAROUND TURNAROUND Collector 55 DIST5 53 50 294 Overlay OSO VALDEMORILLO VALDEMORILLO Collector 55 DIST5 125 50 694 Overlay OSO PIEDRABUENA PIEDRABUENA Collector 55 DIST5 125 50 694 Overlay 050 CAMPODOLCINO TURNAROUND Collector 55 DIST5 1038 16 1845 Overlay OSO N STAPLES BEAUVAIS Collector 55 DIST5 358 20 796 Overlay OSO 5 STAPLES BEAUVAIS Collector 55 DIST5 358 20 796 Seal Coat OUTREAU MONTDIDIER LOVAIN Local 76 DIST5 748 24 1,995 Overlay PARKGREEN CANADIAN WEST MOUNT Local 54 DIST4 842 24 2245 Seal Coat PARKWAY WOOLDRIDGE RD. ESPLANADE DR. Collector 75 DIST5 1232 44 6,023 Seal Coat PATRIOT SANDERS DR VALOR DR Local 73 DIST5 197 24 525 Seal Coat PATRIOT VALOR DR SANDERS DR Local 73 DIST5 1185 24 3,160 Overlay PEOPLES MESQUITE LOWER BROADWAY Collector 55 DIST1 356 34 1,345 Seal Coat PESCADORES PALMIRA CRUISER Local 72 DIST4 492 24 1,312 Overlay PICADILLY WATERFORD LIVERPOOL Local 54 DIST5 812 36 3248 Seal Coat PIERPONT ROSE LEOPARD ST. Local 77 DIST1 650 27 1950 Seal Coat PINEHURST BROADMOOR AUGUSTA DR Local 73 DIST5 470 26 1,358 Seal Coat PORTO FINA PORTO VILLAGEO DEAD END Local 72 DIST4 180 24 480 Seal Coat PORTO VILLAGEO SH -361 VILLA SORIA DR Local 73 DIST4 176 24 469 Seal Coat PORTO VILLAGEO VILLA SORIA DR VILLA PAMPLONA DR Local 73 DIST4 250 24 667 Seal Coat PORTO VILLAGEO VILLA PAMPLONA PORTO FINO CT Local 73 DIST4 250 24 667 Seal Coat PORTO VILLAGEO PORTO FINO CT VILLA CASTELON DR Local 73 DIST4 110 24 293 Seal Coat QUEBEC WOOLDRIDGE ALBERTA CIR Local 72 DIST4 200 24 533 Seal Coat QUEBEC ALBERTA CIR MONTREAL CIR Local 72 DIST4 260 24 693 Seal Coat QUEBEC MONTREAL CIR NEW BRUNSWICK DR Local 72 DIST4 260 24 693 Seal Coat QUEBEC NEW BRUNSWICK DR KITCHENER Local 72 DIST4 130 24 347 Seal Coat QUEBEC KITCHENER OTTAWA CIR Local 72 DIST4 130 24 347 Seal Coat QUEBEC OTTAWA CIR VANCOUVER DR Local 72 DIST4 280 24 747 Seal Coat QUEBEC VANCOUVER DRI ARTIC CIR Local 72 DIST4 240 24 640 Seal Coat QUEBEC ARTIC CIR ERIE DR Local 72 DIST4 130 24 347 Seal Coat QUEBEC ERIE DR WEST MOUNT DR Local 72 DIST4 395 24 1,053 Seal Coat QUEBEC WEST MOUNT DR TORONTO DR Local 72 DIST4 840 24 2,240 Seal Coat REALES CATAMARAN WHITE CAP Local 73 DIST4 212 24 565 Seal Coat REALES WHITE CAP ROYAL FIFTH Local 73 DIST4 578 24 1,541 Overlay RED START BLUE JAY DEAD END Local 56 DIST4 473 24 1261 Seal Coat REGINA CALGARY D.E. Local 74 DIST4 107 24 285 Seal Coat RODD FIELD SARATOGA MANSIONS Arterial 75 DIST5 790 45 3,950 Seal Coat RUTH DOLORES DUNCAN Local 75 DIST1 225 34 850 Seal Coat RUTH ELESA FRANCESCA Local 75 DIST1 225 36 900 Seal Coat RUTH FRANCESCA DOLORES Local 75 DIST1 225 34 850 Seal Coat RUTH ELEANOR ELESA Local 75 DIST1 225 36 900 Seal Coat RUTH HARMON HIGHLAND Local 75 DIST1 200 34 756 Seal Coat RUTH OSAGE ELEANOR Local 75 DIST1 225 24 600 Seal Coat RUTH DUNCAN SUNRISE Local 75 DIST1 600 34 2267 Seal Coat SAN JAVIER SANTA LUCIA DEAD END Local 81 DIST3 123 24 328 Seal Coat SAN SABA CONCHO COMAL Local 75 DIST1 650 24 1733 Seal Coat SASKATOON SASKATCHEWAN DR DEAD END Local 72 DIST4 224 24 597 Overlay SESSIONS LEOPARD JULIANNA Collector 60 DIST1 761 18 1,522 Overlay SESSIONS JULIANNA ASHLEY Collector 60 DIST1 239 18 478 Overlay SESSIONS ASHLEY GRAND TETON Collector 60 DIST1 297 18 594 Overlay SILVER SANDS CANIS PIPER Local 54 DIST4 225 36 900 Overlay SOKOL SEGUIN ROGERIO Collector 56 DIST3 147 32 523 Overlay SOKOL BONHAM BONHAM Collector 56 DIST3 108 32 384 Overlay SOKOL WHARTON ALEJANDRO Collector 56 DIST3 306 32 1,088 Overlay SOKOL ROGERIO WHARTON Collector 56 DIST3 173 32 615 Overlay SOKOL MILAM WHARTON Collector 56 DIST3 171 32 608 Overlay SOKOL ALEJANDRO NAVARRO Collector 56 DIST3 290 32 1,031 Overlay SOKOL BONHAM MILAM Collector 56 DIST3 179 32 636 Overlay SOKOL NAVARRO RICHTER Collector 56 DIST3 151 32 537 Overlay SOKOL WHARTON SEGUIN Collector 56 DIST3 126 32 448 5 SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Overlay SOKOL BOWIE BONHAM Collector 56 DIST3 268 32 953 Seal Coat SOUTH FORK MARBLE FALLS DEAD END Local 73 DIST5 413 24 1,101 Seal Coat SOUTHERN MINERALS INTERSTATE 37 HIGHWAY 9 Arterial 70 DIST1 1280 18 2,560 Seal Coat SPANISH WOOD LIPES LINDENWOOD Collector 75 DISTS 490 36 1,960 Seal Coat SPANISH WOOD LINDENWOOD CORSICA Collector 75 DIST5 375 36 1,500 Seal Coat SPANISH WOOD TAPESTRY DEAD END Collector 75 DIST5 141 36 564 Seal Coat ST AGATHA ST.FELICITY D.E. Local 73 DIST4 337 24 899 Seal Coat ST BERNADINE ST. JOSEPH D.E. Local 73 DIST4 460 24 1,227 Overlay ST BERNARD ST. PETER DEAD END Local 55 DIST4 489 24 1304 Seal Coat ST FELICITY ST. PETER ST. PERPETUA Local 75 DIST4 155 24 413 Seal Coat ST FELICITY ST.PERPETUA ST. AGATHA Local 75 DIST4 248 24 661 Seal Coat STAPLES RAMIREZ WEST BROADWAY Local 72 DIST1 390 37 1603 Seal Coat STAPLES CHIPITO RAMIREZ Local 72 DIST1 330 41 1503 Seal Coat STAPLES LOBO CHIPITO Local 72 DIST1 120 37 493 Seal Coat STAPLES LAKE LOBO Local 72 DIST1 350 37 1439 Seal Coat STAPLES WINNEBAGO LAKE Local 72 DIST1 360 37 1480 Overlay STAPLES BALDWIN SEVENTEENTH Arterial 60 DIST2 306 62 2108 Overlay STAPLES SEVENTEENTH NAPLES Arterial 60 DIST2 30S 52 1762 Overlay STONY BROOK CEDAR BROOK SPRING BROOK Local 54 DIST5 560 24 1493 Overlay STONY BROOK BOSTON CEDAR BROOK Local 54 DIST5 172 36 688 Overlay SUNBURST SPID SECURITY Local 57 DIST4 670 76 5658 Overlay SWANTNER INDIANA TEXAS Local 58 DIST2 356 39 1543 Overlay SWANTNER OHIO INDIANA Collector 50 DIST2 309 39 1339 Overlay SWANTNER LOUISIANA OHIO Collector 58 DIST2 315 39 1365 Overlay SWANTNER LOUISIANA LOUISIANA Collector 58 DIST2 171 39 741 Overlay TAHITI MEDITERRANEAN DEAD END Local 57 DIST4 1155 20 2567 Overlay TARAFAYA LOVAIN LOVAIN Local 58 DIST5 132 24 352 Overlay TARAFAYA LOVAIN LEMANS Local 58 DIST5 1110 24 2960 Seal Coat TARLTON EISENHOWER GREENWOOD Collector 78 DIST2 250 42 1,167 Seal Coat TARLTON MAC ARTHUR EISENHOWER Collector 78 DIST2 950 42 4,433 Seal Coat TERESA BLOOMINGTON MENDOZA Local 74 DIST3 425 24 1,133 Seal Coat TERESA MENDOZA THERESA W Local 74 DIST3 470 24 1,253 Seal Coat TEXAN ALAMEDA 5 TOPEKA Collector 75 DIST4 335 95 3,536 Seal Coat TEXAN TOPEKA AUSTIN Collector 75 DIST4 320 95 3,378 Seal Coat TEXAN AUSTIN LAWNVIEW Collector 75 DIST4 295 95 3,114 Seal Coat TEXAN LAWNVIEW SANTA FE Collector 75 DIST4 675 95 7,125 Overlay TEXAS S. STAPLES SWANTNER Collector 55 DIST2 600 36 2400 Seal Coat THOREAU BEAL DEAD END Local 75 DIST1 206 24 549 Overlay TIMBERGATE OPENGATE HEAVEN'S GATE Collector 55 DIST5 468 37 1924 Overlay TIMBERGATE STAPLES OPENGATE Collector 55 DIST5 704 37 2894 Seal Coat TRUK OR TONGA DR FIJI Local 82 DIST4 285 24 760 Seal Coat TRUK DR FIJI LORINE DR Local 82 DIST4 168 24 448 Seal Coat TRUK DR LORINE SANDS Local 82 DIST4 275 24 733 Seal Coat TRUK DR SANDS TINIAN Local 85 DIST4 210 24 560 Overlay TULIA LORINE SANDS Local 55 DIST4 260 18 520 Overlay TUSCARORA OUTPOST SADDLE Local 55 DIST1 352 24 939 Seal Coat TWELFTH LAREDO AGNES Local 75 DIST1 330 37 1357 Seal Coat TWELFTH AGNES MARGUERITE Local 75 DIST1 310 36 1240 Seal Coat TWELFTH MARY MORRIS Local 75 DIST1 330 24 880 Seal Coat TWELFTH MORRIS COLEMAN Local 75 DIST1 330 24 880 Seal Coat UP RIVER FAIRVIEW OLD ROBSTOWN RD Collector 78 DIST1 325 37 1,336 Seal Coat UP RIVER OLIVER LEOPARD Collector 78 DIST1 1040 37 4,276 Seal Coat UP RIVER OLD ROBSTOWN RD OLIVER Collector 78 DIST1 200 37 822 Overlay VENICE LAKE HURON CANYON LAKE Local 58 DIST5 132 36 528 Overlay VENICE CONSTANCE VANERN Local 58 DIST5 216 36 864 Overlay VENICE YORKTOWN LAKE HURON Local 58 DIST5 39 36 156 Overlay VENICE VANERN MEGAL Local 58 DIST5 701 36 2804 Overlay VENICE CANYON LAKE CONSTANCE Local 58 DIST5 128 36 512 Seal Coat VILLA MARIA ISABEL PLAYA DEL RAY AVE.SAN NICO Local 73 DIST4 286 20 636 Seal Coat VILLA MARIA ISABEL AVE.SAN NICO SAND DOLLAR AVE Local 73 DIST4 476 20 1,058 Seal Coat VILLA PAMPLONA DEAD END (W) PORTO VILLAGEO DR Local 72 DIST4 500 24 1,333 Seal Coat VILLA SORIA PORTO VILLAGEO VILLA PAMPLONA DR Local 72 DIST4 150 24 400 Seal Coat VINCENT CUTTYSARK PORTILLO Local 73 DIST4 858 24 2,288 Seal Coat VINCENT PORTILLO GRENADINE Local 73 DIST4 278 24 741 Seal Coat VINCENT GRENADINE CUTTYSARK Local 73 DIST4 270 24 720 Seal Coat WALNUT CAUSEWAY E U.S. HWY. 181 Local 75 DIST1 300 37 1233 Overlay WHATABURGER MILDRED EVERHART Local 55 DIST2 387 36 1548 Seal Coat WILLIAMS BETTY JEAN BURTON Collector 75 DIST3 1320 44 6,453 Seal Coat WILLIAMS BURTON STAPLES S. Collector 75 DIST3 1330 44 6,502 Seal Coat WILLIAMSPORT WHITECAP DEAD END Local 73 DIST4 210 24 560 Seal Coat WILLIAMSPORT WHITECAP DEAD END Local 73 DIST4 190 24 507 Seal Coat WILSON DEAD END E IVY DR Local 73 DIST4 104 24 277 Seal Coat WILSON IVY DR DEAD END W Local 73 DIST4 74 24 197 Overlay WINDMERE PURDUE ORLEANS Local 57 DIST4 300 36 1200 Seal Coat WINDSWEPT LARCADE GLENMOUNT Local 72 DIST3 320 24 853 Seal Coat WINTERS GREENGROVE TOWNSEND Local 74 DIST2 525 28 1,633 Seal Coat WINTERS HOLLYWOOD TR HORNE RD Local 74 DIST2 980 28 3,049 Seal Coat WINTERS TOWNSEND NESBITT Local 74 DIST2 250 28 778 Overlay WOODGATE NORTHGATE HEAVENSGATE Local 59 DIST5 633 24 1688 Overlay WOODLAND CREEK LEOPARD FLAT ROCK CROSSING Collector 55 DIST1 859 36 3,436 Overlay WOODLAND CREEK COLETA CREEK HONDO CREEK Collector 60 DIST1 259 36 1,036 Overlay WOODLAND CREEK HONDO CREEK CRIPPLE CREEK Collector 60 DIST1 255 36 1,020 6 SPMP Year 2 Work Plan WORK STREET FROM TO CLASS PCI DISTRICT LENGTH WIDTH SQ YD Overlay WOODLAND CREEK FLAT ROCK CROSSING LORI Collector 41 DIST1 129 36 516 Overlay WOODLAND CREEK CALICHE CREEK EL GATO CREEK Collector 60 DIST1 277 36 1,108 Overlay WOODLAND CREEK LORI CHISPA CREEK Collector 41 DIST1 178 36 712 Overlay WOODLAND CREEK EL GATO CREEK DEAD END Collector 60 DIST1 273 36 1,092 Overlay WOODLAND CREEK CHISPA CREEK COLETA CREEK Collector 41 DIST1 276 36 1,104 Overlay WOODLAND CREEK CRIPPLE CREEK CALICHE CREEK Collector 60 DIST1 317 36 1,268 Overlay WOOLDRIDGE SERVICE RD 5 STAPLES LOST CREEK Local 55 DIST5 638 18 1276 Seal Coat YARDARM CAPTAIN KIDD DEAD END 5 Local 72 DIST4 1107 24 2,952 Overlay YORKTOWN AIRLINE RANCHO VISTA Arterial 55 DIST5 723 22 1767 Overlay YORKTOWN RANCHO VISTA FREDS FOLLY Arterial 55 DIST5 1103 22 2696 Overlay YORKTOWN FREDS FOLLY PETERSON Arterial 55 DIST5 1461 22 3571 7 SPMP Year 2 Alternate Streets WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat ALLEY ALAMEDA KENTNER Local 65 DIST4 1280 14 1,991 Seal Coat BLEVINS ANNAPOLIS FLORIDA Local 61 DIST2 295 28 918 Seal Coat BLEVINS FLORIDA TYLER Local 61 DIST2 339 28 1,055 Seal Coat BLEVINS TYLER LOGAN Local 61 DIST2 376 28 1,170 Seal Coat BLEVINS LOGAN YORK Local 61 DIST2 330 28 1,027 Seal Coat BLEVINS YORK NAPLES Local 61 DIST2 188 28 585 Seal Coat CAIN BREASWOOD ETHERIDGE Local 60 DIST3 698 24 1,861 Seal Coat CAIN ETHERIDGE BRIARWOOD Local 60 DIST3 659 24 1,757 Seal Coat CAIN BRIARWODD STAPLES Local 60 DIST3 445 24 1,187 Seal Coat CARIBOU BISON DEAD END Local 59 DIST5 428 24 1,141 Seal Coat CARIBOU BISON MOOSE Local 59 DIST5 590 24 1,573 Seal Coat CONGRESSIONAL SHEA BRISBANE Collector 61 DIST3 1045 36 4,180 Seal Coat CREEK VIEW DR SHALLOW CREEK DR WOODCREEK DR Local 64 DIST1 270 24 720 Seal Coat CREEK VIEW DR WOODCREEK DR CREEK SIDE DR Local 56 DIST1 270 24 720 Seal Coat CREEK VIEW DR CREEK SIDE DR BARRICADE Local 56 DIST1 135 24 360 Seal Coat GREGORY AIRLINE PHILOMENA Local 62 DIST4 630 26 1,820 Seal Coat HALIFAX OSO PKWY CALGARY Local 58 DIST4 951 24 2,536 Seal Coat LEOPARD STREET FIVE POINTS TX -407 SPUR ON-RAMP Arterial 69 DIST1 3912 60 26,080 Seal Coat LOVAIN LEMANS OUTREAU Local 53 DIST5 949 24 2,531 Seal Coat MERGANSER ELDER CANVASBACK Local 57 DIST5 612 24 1,632 Seal Coat MERGANSER CANVASBACK WOOD DUCK Local 57 DIST5 835 36 3,340 Seal Coat OAKDALE WALDRON DEAD END E Local 57 DIST4 1551 18 3,102 Seal Coat OLEANDER ARMIN DENVER Local 61 DIST4 1149 26 3,319 Seal Coat OLEANDER DENVER OCEAN Local 61 DIST4 388 26 1,121 Seal Coat XAVIER COURT FISK COKE Local 58 DIST1 1150 15 1,917 8 SPMP Year 2 City Seal Coat Streets WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat BECKWORTH OREGON TRAIL DEAD END Local 75 DIST1 614 24 1637 Seal Coat AGARITO SABINAS ELGIN Local 75 DIST1 391 24 1043 Seal Coat AGARITO 54' NE OF BALDWIN SABINAS Local 75 DIST1 177 24 472 Seal Coat AGARITO BALDWIN 54' NE Local 75 DIST1 54 37 222 Seal Coat BALDWIN CARVER SABINAS Arterial 55 DIST1 390 58 2513 Seal Coat BURKE LEOPARD DEAD END Local 72 DIST1 407 24 1085 Seal Coat DOCKSIDE EXCHEQUER DEAD END Local 76 DIST' 92 24 245 Seal Coat ELK LEOPARD DEER/AUTHER Local 69 DIST1 350 24 933 Seal Coat KALER UP RIVER ROAD RACKLEY Local 75 DIST1 1106 18 2212 Seal Coat KALER RACKLEY PARKING LOT ENTRANCE Local 75 DIST1 60 20 133 Seal Coat LAREDO ALAMEDA STAPLES Arterial 75 DIST1 418 41 1904 Seal Coat LEOPARD BURKE LANCASTER Arterial 75 DIST1 235 75 1958 Seal Coat LEOPARD IRMA MCCAIN Arterial 75 DIST1 260 34 982 Seal Coat LEOPARD MCCAIN HARRINGTON Arterial 75 DIST1 123 48 656 Seal Coat LEOPARD HARRINGTON ROLLING ACRES Arterial 75 DIST1 80 42 373 Seal Coat LEOPARD N HUNTER CATHEAD Arterial 65 DIST1 1796 32 6386 Seal Coat LEOPARD N CATHEAD SPINDLETOP Arterial 65 DIST1 2235 32 7947 Seal Coat LEOPARD N CORN PRODUCTS ALLEY CORN PRODUCTS Arterial 75 DIST1 1166 24 3109 Seal Coat LEOPARD N DIAMOND CUT CORN PRODUCTS Arterial 65 DIST1 3100 32 11022 Seal Coat LEOPARD N SOUTHERN MINERALS DIAMOND CUT Arterial 65 DIST1 2831 40 12582 Seal Coat LIPAN BATTLIN BUC PALM Local 77 DIST1 350 42 1633 Seal Coat MCKINZIE GRANITE PEAK CASTLE RIDGE Collector 76 DIST1 296 36 1184 Seal Coat MCKINZIE CASTLE RIDGE CASTLE VALLEY Collector 76 DIST1 400 36 1600 Seal Coat MCKINZIE SESSIONS GRANITE PEAK Collector 76 DIST1 645 36 2580 Seal Coat NAVIGATION WESTWAY AGNES Arterial 70 DIST1 2837 25 7881 Seal Coat NAVIGATION LEOPARD WESTWAY Arterial 70 DIST1 1242 25 3450 Seal Coat OSAGE CHIPPEWA NAVAJO Local 68 DIST1 585 33 2145 Seal Coat OSAGE NAVAJO HIGHLAND Local 68 DIST1 430 33 1577 Seal Coat OSAGE HIGHLAND MORGAN Local 68 DIST1 160 40 711 Seal Coat RUTH SUNRISE HARMON Local 75 DIST1 413 34 1560 Seal Coat SMITH RIVER VIEW CALALLEN Local 69 DIST1 490 20 1089 Seal Coat TANCAHUA BREWSTER HUGHS Collector 65 DIST1 365 36 1460 Seal Coat WIND ROCK FRONTIER PIONEER Local 65 DIST1 288 36 1152 Seal Coat ALAMEDA COLEMAN COLEMAN Arterial 60 DIST2 88 32 313 Seal Coat ALAMEDA HANCOCK HANCOCK Arterial 65 DIST2 112 34 423 Seal Coat ALAMEDA COLEMAN HANCOCK Arterial 65 DIST2 634 34 2395 Seal Coat ALEXANDER BRENTWOOD CAMBRIDGE Local 69 DIST2 306 240 8160 Seal Coat ALEXANDER DEVON GREEN GROVE Local 69 DIST2 284 24 757 Seal Coat ALEXANDER NAPLES CHRISTIE Local 69 DIST2 290 24 773 Seal Coat ALEXANDER CHRISTIE RAMSEY Local 69 DIST2 290 24 773 Seal Coat ALEXANDER RAMSEY SPRING Local 69 DIST2 290 24 773 Seal Coat ALEXANDER CAMBRIDGE DEVON Local 69 DIST2 347 24 925 Seal Coat ALEXANDER SPRING BRENTWOOD Local 69 DIST2 278 24 741 Seal Coat ALLEY 5 STAPLES SWANTNER LOUISIANA OHIO Local 65 DIST2 290 14 451 Seal Coat AYERS SOUTHGATE FANNIN Arterial 75 DIST2 380 70 2956 Seal Coat BUFORD ELEVENTH TENTH Local 77 DIST2 328 24 875 Seal Coat CRAIG BROWNLEE TWELFTH Local 68 DIST2 323 24 861 Seal Coat CRAIG STAPLES ALLEY STAPLES SEVENTH Local 68 DIST2 140 27 420 Seal Coat CRAIG ALLEY STAPLES ALAMDEA STAPLES Local 68 DIST2 150 27 450 Seal Coat CRAIG TENTH ALAMEDA Local 68 DIST2 353 27 1059 Seal Coat CRAIG ALLEY STAPLES SEVENTH SEVENTH Local 68 DIST2 152 27 456 Seal Coat CRAIG ALAMEDA ALLEY STAPLES ALAMEDA Local 68 DIST2 178 27 534 Seal Coat CRAIG TWELFTH ELEVENTH Local 68 DIST2 338 24 901 Seal Coat CRAIG ELEVENTH TENTH Local 68 DIST2 353 24 941 Seal Coat CUIPER SPRING BRENTWOOD Local 75 DIST2 270 32 960 Seal Coat CUIPER CHRISTIE RAMSEY Local 75 DIST2 287 32 1020 Seal Coat CUIPER NAPLES CHRISTIE Local 75 DIST2 281 32 999 Seal Coat CUIPER RAMSEY SPRING Local 75 DIST2 289 32 1028 Seal Coat HOFFMAN REID ALAMEDA Local 68 DIST2 650 24 1733 Seal Coat HOFFMAN SWANTNER REID Local 68 DIST2 871 24 2323 Seal Coat KOSAR NAPLES YORK Collector 75 DIST2 204 35 793 Seal Coat MAC ARTHUR PRESA BOLIVAR Local 72 DIST2 268 24 715 Seal Coat MAC ARTHUR BOLIVAR BELTON Local 72 DIST2 250 24 667 Seal Coat MAC ARTHUR BELTON BURNET Local 72 DIST2 1177 42 5493 Seal Coat NAPLES FIFTEENTH BROWNLEE Local 68 DIST2 609 24 1624 Seal Coat NAPLES STAPLES FIFTEENTH Local 68 DIST2 263 24 701 Seal Coat PORT SAN JACINTO CLEO Arterial 70 DIST2 287 70 2232 Seal Coat PORT NIMITZ SARITA Arterial 70 DIST2 487 70 3788 Seal Coat PORT CLEO NIMITZ Arterial 70 DIST2 166 70 1291 Seal Coat PORT SARITA NIAGARA Arterial 70 DIST2 641 70 4986 Seal Coat PORT TARLTON GUADALUPE Arterial 70 DIST2 216 70 1680 Seal Coat PORT NIAGARA TARLTON Arterial 70 DIST2 387 70 3010 Seal Coat RAMSEY W BRAWNER S BRAWNER N Collector 65 DIST2 140 28 436 Seal Coat STAPLES CASA LINDA STAPLES Arterial 68 DIST2 254 21 593 Seal Coat STAPLES TEXAN CASA LINDA Arterial 70 DIST2 684 18 1368 Seal Coat STROM ZUZA KAZIMIR Local 74 DIST2 400 24 1067 Seal Coat WEBER SPID ALLEY SPID DELPHINE Arterial 70 DIST2 197 57 1248 Seal Coat WEBER DELPHINE MCARDLE Arterial 70 DIST2 844 57 5345 Seal Coat WEBER ALLEY SPID DELPHINE DELPHINE Arterial 70 DIST2 167 57 1058 Seal Coat MAHAN KOSTORYZ HAKEL Local 77 DIST3 541 25 1503 Seal Coat ACAPULCO LOS ROBLES BUENOS AIRES Local 69 DIST3 1134 24 3024 Seal Coat AYERS MCARDLE 455' N TO MANSHEIM Arterial 75 DIST3 455 62 3134 1 SPMP Year 2 City Seal Coat Streets WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat AYERS 455' N OF MCARDLE MANSHEIM Arterial 75 DIST3 212 52 1225 Seal Coat BARRERA WEST POINT LINDA VISTA Local 68 DIST3 753 25 2092 Seal Coat BARRERA BLOOMINGTON VILLAREAL Local 72 DIST3 1336 24 3563 Seal Coat BARRERA VILLAREAL WEST POINT Local 68 DIST3 1352 24 3605 Seal Coat GREEN WILLOW GREEN TREE DEAD END Local 69 DIST3 429 24 1144 Seal Coat MORGAN SHAWNEE HIAWATHA Arterial 75 DIST3 327 58 2107 Seal Coat MORGAN PUEBLO SHAWNEE Arterial 75 DIST3 287 58 1850 Seal Coat MORGAN GUATEMOZIN BALBOA Arterial 75 DIST3 505 58 3254 Seal Coat MORGAN BALBOA PUEBLO Arterial 75 DIST3 289 58 1862 Seal Coat SEAHAWK HILL CREST BLUE WATER Local 68 DIST3 740 24 1973 Seal Coat SULLIVAN EKLUND DEAD END Local 69 DIST3 233 18 466 Seal Coat VILLARREAL ROCKFORD MOLINA Local 68 DIST3 376 24 1003 Seal Coat VILLARREAL BARRERA ANGELA Local 68 DIST3 451 24 1203 Seal Coat VILLARREAL ANGELA ELVIRA Local 68 DIST3 354 24 944 Seal Coat VILLARREAL ELVIRA JOSE Local 68 DIST3 233 24 621 Seal Coat VILLARREAL MOLINA BARRERA Local 68 DIST3 451 24 1203 Seal Coat WEST POINT ANGELA ELVIRA Collector 68 DIST3 358 42 1671 Seal Coat WEST POINT YOLANDA COLUMBIA Collector 68 DIST3 188 40 836 Seal Coat WEST POINT BARRERA ANGELA Collector 68 DIST3 448 42 2091 Seal Coat WEST POINT ROMONA VALDEZ Collector 68 DIST3 261 40 1160 Seal Coat WEST POINT JOSE ROMONA Collector 68 DIST3 263 40 1169 Seal Coat WEST POINT MOLINA BARRERA Collector 68 DIST3 417 42 1946 Seal Coat WEST POINT VALDEZ YOLANDA Collector 68 DIST3 274 40 1218 Seal Coat WEST POINT ELVIRA JOSE Collector 68 DIST3 261 40 1160 Seal Coat MAHAN HAKEL COSNER Local 77 DIST4 536 25 1489 Seal Coat AIRLINE ST. PIUS ALDEN Arterial 68 DIST4 164 63 1148 Seal Coat AIRLINE ALDEN LUM Arterial 68 DIST4 285 63 1995 Seal Coat AIRLINE LUM LUM Arterial 68 DIST4 286 63 2002 Seal Coat ALLEY ALTA PLAZA SEAVIEW SAN ANTONIO BEND TO ALTA PLAZA Local 70 DIST4 981 12 1308 Seal Coat ALLEY ALTA PLAZA SEAVIEW BEND FROM SAN ANTONIO ALTA PLAZA Local 70 DIST4 117 20 260 Seal Coat ALLEY BRAWNER PKWY MELDC BRAWNER SANTA FE Arterial 70 DIST4 1380 14 2147 Seal Coat ALLEY OCEAN CAPE ANN 5. SHORE PL BAYCLIFF/BAYSHORE Local 70 DIST4 1183 12 1577 Seal Coat ALLEY OCEAN CAPE ANN PALOMA S. SHORE PL Local 70 DIST4 1145 11 1399 Seal Coat ALLEY 5 STAPLES COLLINGSWOI LANSDOWN COLLINGSW00D Arterial 70 DIST4 895 14 1392 Seal Coat AQUARIUS MIZZEN HALYARD Collector 86 DIST4 385 36 1540 Seal Coat AQUARIUS TOPSAIL MIZZEN Collector 71 DIST4 385 36 1540 Seal Coat BLACKBEARD WHITECAP BARATARIA Local 74 DIST4 1111 24 2963 Seal Coat CANTERA BAY CANTERA DEAD END Collector 78 DIST4 432 24 1152 Seal Coat CAPRICE KNUCKLE SANTANA Local 75 DIST4 801 24 2136 Seal Coat CAPRICE NEWPORT KNUCKLE Local 76 DIST4 232 24 619 Seal Coat CUTTYSARK VINCENT ENCANTADA Local 78 DIST4 216 25 600 Seal Coat EVERHART JUNIOR CLINTON Arterial 70 DIST4 213 29 686 Seal Coat EVERHART 186' N OF ALAMEDA JUNIOR Arterial 70 DIST4 356 29 1147 Seal Coat EVERHART CLINTON ESTATE Arterial 70 DIST4 390 29 1257 Seal Coat EVERHART ALAMEDA 186' N TO JUNIOR Arterial 70 DIST4 186 34 703 Seal Coat GRASS CAY PORT 0 CALL GRASS CAV LOOP Local 68 DIST4 345 24 920 Seal Coat GRASS CAY GRASS CAY LOOP GRASS CAY LOOP Local 68 DIST4 333 14 518 Seal Coat HALYARD AQUARIUS DEAD END Local 74 DIST4 1005 24 2680 Seal Coat JESTER AVIATION ANCHOR Local 76 DIST4 460 18 920 Seal Coat LYNN LOMBARDY WALDRON Local 74 DIST4 422 21 985 Seal Coat MARZBACHER JESTER VALERIE Local 72 DIST4 280 18 560 Seal Coat MINGO CAY MONT PEELE MONT PEELE Local 70 DIST4 1056 17 1995 Seal Coat PAUL JONES SPID BAYLARK Local 76 DIST4 558 36 2232 Seal Coat PIRATA COQUINA BAY LA BLANQUILLA Local 70 DIST4 246 24 656 Seal Coat PORT ROYAL COBO DE BARA TESORO Local 74 DIST4 228 24 608 Seal Coat PORT ROYAL DEAD END COBO DE BARO Local 74 DIST4 856 20 1902 Seal Coat SAND DOLLAR PACKERY CHANNEL PARK ROA VILLA MARIA ISABEL Collector 68 DIST4 253 20 562 Seal Coat SAND DOLLAR VILLA MARIA ISABEL VERDEMAR Collector 82 DIST4 701 18 1402 Seal Coat SETH ISAIAH JEREMIAH Local 73 DIST4 410 24 1093 Seal Coat SETH JEREMIAH EZEKIEL Local 73 DIST4 317 24 845 Seal Coat SETH EZEKIEL HOSEA Local 73 DIST4 340 24 907 Seal Coat ST LUCY ST. FELICITY DEAD END Local 75 DIST4 433 24 1155 Seal Coat ST LUCY ST. JOSEPH ST. FELICITY Local 75 DIST4 375 24 1000 Seal Coat VERDEMAR PARK ROAD 22 SAND DOLLAR Local 68 DIST4 532 20 1182 Seal Coat VERDEMAR SAND DOLLAR AVENIDA DE SAN NICO Local 68 DIST4 707 20 1571 Seal Coat W00DCREST DIVISION DON PATRICIO Local 75 DIST4 1300 18 2600 Seal Coat YARDARM WHITECAP CAPTAIN KIDD Local 72 DIST4 208 24 555 Seal Coat YORKTOWN FLOUR BLUFF WALDRON Arterial 70 DIST4 5239 22 12806 Seal Coat MAHAN COSNER KIRKW00D Local 77 DIST5 386 25 1072 Seal Coat AIRLINE 327' SE OF HIDDEN COVE HOLLY Arterial 72 DIST5 399 70 3103 Seal Coat AIRLINE ERSKINE HIDDEN OAKS Arterial 72 DIST5 250 58 1611 Seal Coat AIRLINE BEECHW00D VINCENT Arterial 72 DIST5 250 58 1611 Seal Coat AIRLINE HIDDEN OAKS HIDDEN COVE Arterial 72 DIST5 573 58 3693 Seal Coat AIRLINE VINCENT ERSKINE Arterial 72 DIST5 212 58 1366 Seal Coat AIRLINE HIDDEN COVE 327 SE TO HOLLY Arterial 72 DIST5 327 59 2144 Seal Coat ALLEY WINGFOOT MEANDERIN WINGFOOT/MEANDERING ALLEY Local 70 DIST5 115 14 179 Seal Coat AMAZON YUKON RHINE Local 74 DIST5 946 24 2523 Seal Coat GRAND LAKE BURKHADT DIJON LAKE Local 76 DIST5 560 24 1493 Seal Coat OUTREAU SYLLING MONTDIDER Local 76 DIST5 328 24 875 Seal Coat OUTREAU LEMANS SYLLING Local 76 DIST5 308 24 821 Seal Coat PRAIRIE LAKE NOCONA LAKE LIVINGSTON Local 68 DIST5 350 24 933 Seal Coat PRAIRIE LAKE LIVINGSTON LAKE MEDINA Local 68 DIST5 208 24 555 2 SPMP Year 2 City Seal Coat Streets WORK STREET FROM TO Class PCI DISTRICT LENGTH WIDTH SQ YD Seal Coat SCHNAUZER HULL SIBERIAN Local 69 DIST5 510 24 1360 Seal Coat SCHNAUZER SIBERIAN BAY Local 69 DIST5 399 24 1064 Seal Coat SIR GREG KING GEORGE DEAD END Local 74 DIST5 105 24 280 Seal Coat SOUTH FORK THE MANSIONS MARBLE FALLS Local 73 DIST5 429 24 1144 Seal Coat WINDWILLOW LIPES DEAD END Local 74 DIST5 424 24 1131 3 2015 SPMP Work Plan (Year - 2) SPMP Year 1 & BOND Work 2000 — 2014 Goo44Y �cjo opa 131 RIVER DIST2 C• tW • EA IVE 7 P , (SH358) O. • 0 Legend W LLI o E • OO z col J 4 Year 2 SPMP Bond Work Year 2 Overlay Year 2 Seals' Year 1 SPMP Work Done as of 10/6/2014 Seals yet to be done' Overlay yet to be done Seal completed* Overlay completed Includes Seal Coat work by City Operations P 11114 MXSIMIMMII BOND 2000 - OVERLAYS BOND 2000 -RECONSTRUCTION BOND 2004 - OVERLAYS BOND 2004 -RECONSTRUCTION BOND 2008 -OVERLAYS BOND 2006 • RECONSTRUCTION BOND 2012 - RECONSTRUCTION BOND 2014, PENDING You WANNIAD ICte02W041‘ :5 *'M., LurA7•1 ”17.4 O. - Y I Q 5 3 Z 0 6 .1010111. - �•o RDUE DR u. • v 0 0 of 3 00 000 • 0 O Q 0 ARIBBEAN OR 0 P DIST5 o 0 0 0 O D a 2 1 0 4 6 Wes THIS DATA WAS COMPILED FROM VARIETY OF SOURCES. THE DATA ACCURACY AN0 TIMELINES ARE ARE NOT GUARANTEED. VER 7.0 SD 10/09/2014 -4411=11•f r471