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Agenda Packet City Council - 11/15/2022
o',A-)5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, November 15,2022 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor David Bendett, Rock City Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Marian Blevins, Mary Carroll High School Student. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 22-1985 Bond 2022 Implementation Strategy and Bond 2020 Update 2. 22-1986 Staff Announcements: a. Ernesto De La Garza, Director of Public Works b. Logan Cobbs, Director of Communications City of Corpus Christi Page 1 Printed on 11/14/2022 City Council Meeting Agenda-Final-revised November 15,2022 c. Retirement of Robert Rocha, Fire Chief 3. 22-1987 Light Up Corpus Christi (LED streetlight conversion program) Update by Tammy Huffman, Utilities Analyst (Finance Department) 4. 22-1988 Health District Staff Training and Professional Development Overview by Dr. Khan, Director of Public Health F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system. If approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 5 - 16) 5. 22-1937 Approval of the November 1, 2022 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 6. 22-1773 Case No. 0822-03 Flint Hills Resources Corpus Christi, LLC (District 1): Ordinance rezoning property at or near 2045 Tuloso Road from the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend denial of the zoning change to the "CG-2" General Commercial District and in lieu thereof approval of a "ON/SP" Neighborhood Office District with a Special Permit.) (The Texan) (Requires 2/3 Vote) sponsors: Development Services Consent- Contracts and Procurement 7. 22-1590 Motion authorizing a five-year service agreement with Bio-Aquatic Testing, City of Corpus Christi Page 2 Printed on 11/14/2022 City Council Meeting Agenda-Final-revised November 15,2022 Inc., of Carrollton, Texas, for bio-monitoring testing for the wastewater treatment plants, in an amount not to exceed $235,000.00, with FY2023 funding in the amount of$43,083.33 from the Wastewater Fund. (Requires 2/3 Vote) sponsors: Corpus Christi Water and Finance &Procurement 8. 22-1635 Resolution authorizing a one-year supply agreement with DPC Industries, Inc., of Corpus Christi, for the purchase of liquid chlorine in one-ton cylinders, for O. N. Stevens Water Treatment Plant, in an amount not to exceed $156,000.00 with FY 2023 funding from the Water Fund. (Requires 2/3 Vote) sponsors: Corpus Christi Water and Finance &Procurement Consent- Capital Projects 9. 22-1812 Resolution authorizing the approval of Change Order No. 1 with JE Construction Services LLC., Corpus Christi, TX, for the Long Meadow Drive Project, in an amount of$168,876.76, and repurposing $115,380 from Bond 2014 funds with remaining funds available from Storm Water for the project.(Requires 2/3 Vote) Sponsors: Engineering Services, Public Works/Street Department and Finance & Procurement 10. 22-1907 Motion authorizing a professional services contract with SCS Engineers, Houston, Texas, to provide conceptual design, process design, and permitting services for a new Solid Waste Facility Complex that includes a transfer station, crew quarter/administration building, and fleet services complex located in Council District 3, in an amount not to exceed $328,050.00, with FY 2023 funding available from the Solid Waste Certificate of Obligation Fund. (Requires 2/3 Vote) Sponsors: Engineering Services, Solid Waste Operations and Finance & Procurement 11. 22-1961 Motion authorizing a fourteen-month streetlight installation agreement with AEP Texas to convert 11,038 existing light fixtures to LED light fixtures for select residential areas across the five districts for a total cost of $1,521,698.68 from the Bond 2018 capital fund. (Requires 2/3 Vote) sponsors: Finance &Procurement and Public Works/Street Department General Consent Items 12. 22-1804 Motion authorizing an annual renewal of a Joint Funding Agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, for USGS to maintain automated river gauging stations that record stream flows and water quality parameters associated with the Frio and Nueces Rivers and associated tributaries, which is data the City uses daily to manage releases from the City's reservoir system and for water City of Corpus Christi Page 3 Printed on 11/14/2022 City Council Meeting Agenda-Final-revised November 15,2022 treatment operations, whereby the USGS contributes $28,950.00 and the City contributes $169,350.00. (Requires 2/3 Vote) sponsors: Corpus Christi Water 13. 22-1962 Resolution relating to establishing the City of Corpus Christi's intention to reimburse itself for the prior lawful expenditure of funds relating to any capital expenditures from the proceeds of tax-exempt obligations to be issued by the City in an aggregate amount not to exceed $3,500,000 for authorized purposes. sponsors: Finance &Procurement Consent- One-Reading Ordinances 14. 22-1385 One-reading ordinance awarding a construction contract to Bay, Ltd, Corpus Christi, Texas in the amount of$10,143,242.52 for reconstruction of Gollihar Road, from Greenwood to Crosstown, with new concrete pavement and utility improvements; amending the FY 2023 Capital Budget; located in Council District 3, with funding available from the Street Bond 2018, Storm Water, Wastewater, Water, Gas and short-term tax notes. (Requires 2/3 Vote) Sponsors: Engineering Services, Public Works/Street Department and Finance & Procurement 15. 22-1822 One-reading ordinance authorizing the acceptance of the Coastal Management Program Grant from the Texas General Land Office in the amount of$175,000 for Phase 1 of the Oso Bay Hike and Bike Trail project along the Old Tex-Mex railway spur in City Council District Four, with $117,060 in-kind match from the Parks and Recreation Department; and appropriating $175,000 into the Parks and Recreation Grants Fund. (Requires 2/3 Vote) sponsors: Parks and Recreation Department Consent-First Reading Ordinances 16. 22-1792 Ordinance appropriating $322,438.40 from the unreserved fund balance in the General Fund for the purchase of OpenGov budget software and support from Vertosoft, LLC, through the Texas DIR Cooperative, in order to complete an FY 2022 budget initiative; ratifying implementation and authorizing execution of a five-year cooperative purchase agreement in the amount of$1,282,038.40, with FY 2023 funding of$322,438.40 from the General Fund; and amending the FY 2023 Operating Budget to increase expenditures by $322,438.40. (Requires 2/3 Vote) sponsors: Information Technology Services and Finance &Procurement J. RECESS FOR LUNCH K. PUBLIC HEARINGS: (ITEMS 17 - 19) City of Corpus Christi Page 4 Printed on 11/14/2022 City Council Meeting Agenda-Final-revised November 15,2022 17. 22-1805 First Public Hearing to discuss the annexation of County Right of Way for sections of County Road 43 and County Road 18, being approximately 9.78 acres, located south of Farm to Market Road 2444, Caroline Heights subdivision. sponsors: Planning Department 18. 22-1859 Second Public Hearing to discuss the annexation of County Right of Way for sections of County Road 43 and County Road 18, being approximately 9.78 acres, located south of Farm to Market Road 2444, Caroline Heights Subdivision. sponsors: Planning Department 19. 22-1908 Public Hearing and First Reading Ordinance amending Ordinance No. 024270, which created the Reinvestment Zone No. 2, City of Corpus Christi ("TIRZ #2") on Padre Island, by extending the term to December 31, 2042; modifying the boundaries to add the portions of the Whitecap PID that are currently outside the TIRZ #2 boundary; and amending the Tax Increment Reinvestment Zone # 2 Amended Project & Financing Plans to add continuing maintenance of the Packery Channel through December 31, 2042 at a cost of $36,400,000, infrastructure improvements to R. Briscoe King Pavilion in the amount of$2,000,000, creation of a multi-mobility plan at a cost of$150,000, and infrastructure improvements related to the Whitecap PID development in the amount of$11,500,000, as recommended by the TIRZ #2 Board on October 25, 2022 and November 1, 2022. sponsors: Finance &Procurement L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20 - 22) 20. 22-1806 Resolution approving a Chapter 380 agreement with Net Zero Carbon One, LLC in the total amount not to exceed $500,000 for the development of an electrofuels processing plant located near 5238 Union Street. (Requires 2/3 Vote) Sponsors: Corpus Christi Regional Economic Development Corporation and Finance &Procurement 21. 22-1250 Ordinance authorizing a construction contract to SpawGlass Contractors, Inc., Corpus Christi, Texas, for CCIA Terminal Rehabilitation in an amount not to exceed $17,941,349.64; appropriating Airport Grant No. 68 for $10,708,995 in Fund 3020; appropriating Airport Grant No. 69 for $1,800,000 in fund 3020; appropriating $1,284,625.33 from unreserved fund balance and transferring to Fund 3018; amending the FY 2023 Operating and Capital Budgets. (Requires 2/3 Vote) sponsors: Engineering Services, Aviation Department and Finance &Procurement 22. 22-1719 Resolution approving and authorizing the City Manager or designee to City of Corpus Christi Page 5 Printed on 11/14/2022 City Council Meeting Agenda-Final-revised November 15,2022 execute an Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation ("State" or"TxDOT") for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) to replace or rehabilitate the Yorktown Mud Bridge and Ocean Drive Bridge. (Requires 2/3 Vote) Sponsors: Public Works/Street Department M. BRIEFINGS: (ITEM 23) 23. 22-1924 Texas State Aquarium Update to be given by Jesse Gilbert, President & CEO Sponsors: City Manager's Office N. EXECUTIVE SESSION: O. ADJOURNMENT: City of Corpus Christi Page 6 Printed on 11/14/2022 r r V1 BOND 2022 IMPLEMENTATION STRATEGY ,.. BOND 2020 UPDAT Q > x r ,85Z F, IN STREETS, PARIC5, P[IBLIC SAFETY,AND LIB ES BOND 2022 PROJECT SUMMARY Proposition Number of Total Allocation Voter Approval Projects by Prop. Streets (A) 15 $92.5M 66.8% Parks (B) 11 $20M 61 .6% Public Safety (C) 5 $10M 74.1 % Library (D) 1 $2.5M 59.0% Total 32 $125M Bond 2022 will be accomplished with no city property tax rate increase z BOND 2022 HIGHLIGHTS • Major projects by Council District: o Fire Station 10 replacement • District 1: o Surfside Street Reconstruction District 4: o McCapmbell Reconstruction o Flour Bluff Drainage Improvements o Labonte Park Expansion o Holly Road Reconstruction Design o North Beach Eco Park Design o Beach Access Road Construction o Calallen Police Substation Design and Land Acquisition o Flour Bluff Holly Road Railroad Trestle to Trail o La Retama Library Renovation o Commodore Park Design and Community Center site • District 2: development o Alameda Street(Airline to Everhart)Reconstruction District 5: o Alameda Street(Texan to Doddridge)Reconstruction o Yorktown(Rodd Field to Oso Bridge)Reconstruction Design o Timbergate Reconstruction o Cole Park Rehabilitation o Bill Witt Park Pool Construction o Fire Station 8 Replacement o St.Denis Park improvements • District 3: o Far South Police Sub-Station o Carroll Road Reconstruction o Greenwood City Sports Complex Phase 1 Improvements BOND 2022 IMPLEMENTATION STRATEGY • Staff to continue record delivery of projects with new business process: o Project scope is better designed at the onset of a special election o New process to award design consultants for all projects at one time o More project management and oversight during delivery • Mass RFQ's issued to begin process of selection early o All RFQ's to be closed by December 7 o Review process of RFQs will take approximately 60 days o Contracts to Council for consideration in March 2023 BOND 2020 PROGRAM UPDATES BOND 2020 PROGRAM STATUS • Passed by voters with an overall 70% Voter Approval Rating . . . . - Allocation Projects Streets 22 $61M Parks 18 $12M Public Safety 2 $2M Tota 1 42 $75M BOND 2020 PROGRAM STATUS • New business process changes allowed record- breaking project delivery o Project scopes better designed on onset of election f o New process to award design consultant for all projects at one time o More project management and oversight during delivery • 42 Projects: 0 19 projects are scheduled to be completed by the end of 2022 0 2 projects are in construction and ill be completed in 2023 0 18 projects are scheduled to begin construction by May 2023 0 3 projects are pending coordination with TxDOT BOND 2020 PROGRAM STATUS Council Project Name Design Start Design Projected Construction • 42 Projects: District End construction End Start 1 [Academy Park Aug-21 Feb-22 Sep-22 Dec-22 0 19 projects are scheduled to 1rookhillPark Aug-21 Feb-22 Sep-22 Dec-22 be completed by the end of 1 Texas Park Aug-21 Feb-22 Sep-22 Dec-22 exas State Transfer 2022, with 3 completed as of 1 enter CRescue N/A N/A Completed N/A p enter(Construction) Aug 2021 November 15. 2 3upierPark Aug-21 Feb-22 Sep-22 Dec-22 2 Sam Houston Park Aug-21 Feb-22 Sep-22 Dec-22 2 Sherwood Park Aug-21 Feb-22 Sep-22 Dec-22 0 2 projects have entered 2 TemplePark Aug-21 Feb-22 Sep-22 Dec-22 construction. 4 each Access Rd No Jul-21 Dec-22 Design Only N/A (Design) 4 Douden Park Aug-21 Feb-22 Jul-22 Dec-22 4 Retta Park Aug-21 Feb-22 Jul-22 Dec-22 0 18 projects are scheduled to 4 NindsorPark Aug-21 Feb-22 Jul-22 Dec-22 Bill Witt City Park- begin construction by May 5 Dool&Facilities Feb-22 Sep-22 Design Only N/A 2023 -:Design) 5 randywine Park Aug-21 Feb-22 Jul-22 Dec-22 5 Brighton Park Aug-21 Feb-22 Jul-22 Dec-22 5 apt.Falcon Park Aug-21 Feb-22 Jul-22 Dec-22 0 3 projects are pending 5 rossgatePark Aug-21 Feb-22 Jul-22 Dec-22 coordination with TxDOT 5 oliceTraining Mar-21 Jun-22 Design Only N/A cademy(Design) orktown(Rodd Field 5 0 Oso Creek) Jun-21 Dec-22 Design Only N/A Design) BOND 2020 PROGRAM STATUS • 42 Projects: 0 19 projects are scheduled to Council Project Design be completed by the end of District Name Start Start End Design 2022 Wildcat 0 2 projects have entered 1 Teague to 21-Jul 22-Aug 22-Oct 23 June Teague) construction and will be Waldron completed by 2023. 4 (Spidto 21-Mar 22-Jul 22-Oct 23-Aug Purdue) 0 18 projects are scheduled to begin construction by May 2023 0 3 projects are pending coordination with TxDOT 9 BOND 2020 PROGRAM STATUS Council• Projected Construction Start 1•istrict Project Name Comanche(Carancahua Design 21-Jul Design 22-Nov' 23-Jan 42 Projects: to Alameda) 019 projects are scheduled I Frontier dzie to 21-J°° 22-J°° 23-Jan Rockwood) to b e completed by the end 1 Hearn(Gallic d to Dead 21-Aug -Nov2223-Feb Tr End) 01 2022 1 North Beach Restroom 22-Mar 22-Oct 23-Jan and Parking I Trinity River(FM624 to 21-Aug 22-Oct 23-Jan Wood River) 1 West Guth Park 22-Jan 22-Sep 23-Jan 0 2 projects have entered Ala meda(Texan Trail to 2 Chamberlain) 21-Aug 22-Nov 23-Apr construction. 2 Brownlee(Staples to 21-Aug 22-Dec 23-Mar Morgan) 2 Everhart(Staples to McArdle) 21-Jul 22-Nov 23-Jan 01R projects are scheduled 3 Airport(Morgan to Horne) 21-Jul 22-Nov 23-May to begin construction by in 3 arroll(Holly to Dead End) 21-Aug 22-Sep 23-Feb 2023 3 Fire Station No 3(Land 22-Feb 22-Dec 23-Mar Acq and Design) 3 Flato(Bates to Bear) 21-Mar 22-Nov 23-Flato 4 Everhart(Alameda to 21-Jul 22-Nov 23-Jan V I'� Staples) ,( projects are pending 4 Jackfish(Aquarius to Park Rd 22) 21-Aug 22-Dec 23-May I coordination with TxDOT 4 Strasbourg(Grenoble- 21-Aug 22-May 23-Jan Varseille) 6 Jibes(Sunwood-Staples) 21-Aug 22-Sep 23-Mar 3 Rodd Field(Yorktown- 21-Jul 22-Nov 23-Jan Adler) BOND 2020 PROGRAM STATUS • 42 Projects: 019 projects are scheduled to be completed by the end ' of 2022 4 Park Rd 22(Compass to Park Rd22) 0 2 projects have entered construction. 4 Beach Access Rd No 3 018 projects are scheduled 4 Encantada(Encantada to to begin construction by Nueces) May 2023 0 3 projects are pending coordination with TxDOT Thank you ! CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and City CoLincil r FROM: Peter Lanoni, City Manager COPY: Executive 'Team SUBJECT: Staff Announcements DATE: October 26. 2022 Public NVorks I and .'11:: ed to announce that I am appointing Ernesto De La Garza, P.E.. as Director- of Public NVQ ::. ;. i: tive Monday. November 7. Ernesto has 20 ve;srti ilf'strcct and bridge eonstrrzetitm and transportation crlineez'inrt LXpeI'telice, 1 t tii ��hie11 ��cr ��illr l .�J)() I . Most of,his experience ]las been in Corpus Christi and the Coastal Bend region. I le reecii1k servcd cry the Contract Claim Section Lead for TxDOT in Corpus Christi. I,rnc,tk7 resl on.,,11)1e for 25 Txl)()'I' districts across tell counties and over 400 employees. I lis \�ork \\ith 'l'xl)()T include{ the In.ln:ir�cwccit of� ��cr 100 contracts valued at over$200 million, the dc\clopment of"ti(J c cl3terlinc n3ilcs of Icltcr�t,rtc f li rhll i�' )7" contract resolution for ten high- profile projects, and leadin , TxDW 's lora" safety initiative. In addition to his professional career. Frnesto has tanr_,ht Dart-tinic ,ll Texas A&M University — Kingsville for graduate anti rrndcr•graduatc Civil engillcer-illg courses since Ernesto holds a Bachelor of'4cience in Civil Engineering and a Master of Civil Ear isle l'in . I''t lrz Texas &,VI University—Kinv�sville. I Ic also is a licensed professional engineer through the I etas Board oi'Professional l;ngineers and Land SIlrN cyors. Strategic Planning & IIlIlovation I have appoint A Scott GreLmte as Interim Strategic Planning. & Innovation Officer, effective Mond',i% . ()cioi,cr 24. Scott Iris been with the City since January 2021 and served as the ()r;-::I'i::s.i r;:rf 1)evelclplllCnt 11,111R1E"�E' in ilio` I-luman Resources Department. In this role, lie was I"e ;'• :l l:'. I01" CN llll ltlIl_' Illlllli111 I'CS0LJrCCS program outcomes and developing. organisational Stratq,,les to support City personnel. Scott developed the City's first-ever Process Improvement Team and was selected to serve as lead for the Harvard & Bloomberg Innovation Track program. 1-1c has 25 years of experience in process improvement and workforce development while leading diverse teams of professionals across various governmental agencies. Scott holds a Bachelor of'Science from Southwestern College and a Master of Arts from Brandinan. University/Chapman University System. He is a 25-year veteran o€'the United States Air Force. CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and City Council FROM: Peter Zanoni, City Manage' COPY: Executive Team SUBJECT: Staff Announcement DATE: November 7. 2022 1 am pleased to announce that I have appointed Logan M. Cobbs as Director oI'Communications. eft"MiN e tklonday. November 14. Kogan has over five years of experience in public administration and communications. Previously, she served as the Deputy City Manager I«r the City of Springiwid. Ohio. She oversaw and led citywide communications, marketing, and employee engagement operations, among other cit x,kide duties. !odds a Bachelor of' Arts and a Master of Public Administration boon the University of Dayton. She also has a Graduate Certificate in Nonprofit and C'0rnn1Lill it\ Leadership from the University of Dayton. City of Corpus Christi -- #LightUpCC - Project Update City Manager's Report November 15, 2022 - . .,M-7- . ALI ,•_�!, n Y� Better night-time Lighting Purpose Improves public safety and security for the community r, i A Saves taxpayers'money PP. n Y ti� On May 24,2022,the City partnered with AEP Texas in a conversion project to °1 upgrade existing streetlights to LED lights. lBR6tr,W Ir $2.1 million will be invested $672,000 estimated annual energy savings per year Project Two Phases Summary ► Nine(9)City Zones: Phase 1 is Zones 1-3. Phase 2 is for Zones 4-9. — 15,163 Lights Project start date for Phase I—Sept 7,2022;completion by December 15,2022 _.., Project start date for Phase 2—December 15,2022;completion by November 2023 �" r hur-ii Project Map Zone Start 'n" Complete Complete „ 7 1 3 In Progress Dec 15th 20.22 4 Dec 15th 2022 Jan-23 i 6 5 Jan-23 Mar-23 "" 3 6 Mar-23 May-23 rj 7 May-23 Jul-23 8 Jul-23 Sep-23 i .ate 4 2 4 Se 23 Slav-23 i r ` 11/11/2022 4 n ------------ i n Y ti� Before and After Ir Before (High Pressure Soch=),_----- After(New LED) 1 „_....&A I ^ P i Imp 1 / ��� 11/11/2022 5 ... ...... _ __......_ _ __...__ _ - _........... = Project In Progress r _ yN 1 1 i 11/11/2022 6 a n Yti� B*gt °5 Zones 1 &2—conversion complete -�- i Zone 3—in progress—to be completed by Dec 15't` Currently in 9't`week of project � Current Status f Averaging about 350 lights per week 2600 lights converted as of Nov 7,2022 _ IMP, ; . n Y ti� Zone 4—Materials ordered and ready to begin Dec 15,2022 lBR 6tr,W Ir Zone 5—Materials ordered&will begin after Zone 4 complete Qan 2023) Zone 6—Will begin after Zone 5 complete (Mar 2023) 1 17 Future Status Zone 7—Will begin after Zone 6 complete (May 2023) i Zone 8—Will begin after Zone 7 complete Qu12023) t Zone 9—Will begin after Zone 8 complete(Sep 2023) ner Achieved Milestones for Phase I - Sept 7,2022 Octi iDec 15,2022 R-M Project began in Zone Zones 1 &2 complete List of lights ready for Zone 3 to be complete. 1 &2 Zones 6&7 Zone 3 began Zone 4 to begin. ..rkl 1 1 11/11/2022 9 WO fi Questions n 119M6 _ ..� P OF T�+ 10 �P Y PWJll�r Health QTY OF V4 Prevcn�.f'rmm�n. Public Health Employee Training and Development 1702 DR.W.R. METZGER ».. CITY-COUNTY HEALTH CENTER G; m November 15, 2022 Fauzia Khan Director of Public Health 0 E OF TF+ �i �P \ _/I •• Health QTY OF NJ r{WiIC Prevent.Prn;_ Time: November 18, 2022, 8:00 AM — 1:00 PM • Provide employee training and development • The training and development will focus: • Improving customer experience • Certify all employees on Blood Borne Pathogen • Train staff on "Recognizing mental health crisis" • SWOT Analysis z •' � E OF T N � n rn G V r OF%A� PubhCHealth �T Prevent.Prn: IeCt. Public Health District staff will receive certification and training on furthering their knowledge base on HIV, Hepatitis B, Hepatitis C, and the diseases they cause. • BBPs are transmitted, so you can recognize potential hazards. • Exposure Control Programs, universal precautions and methods for reducing risk of exposure. • Learn about tools like signs, labels, and color-coding to warn staff about biohazards. -- � Qob Bloodborne Pathogens OF �i �P QTY OF%A Pubhc Health Prevent.Pn,;_ Mental health awareness is crucial for a healthy community. Coastal Bend Wellness Foundation will provide an overview and train our staff on the importance of recognizing a mental health crisis. 4 P OF TF+ 10 �P l Y PWJll�r i1CQl lil �T Y O F NJ� Prevcn .f'rmmn. . rt. SWOT Analysis: Analyze Health District's strengths, weaknesses, opportunities, and threats to rebuild a public health driven foundation for IL Helpful Weaknesses our services and the future of public health. St S hs W s Opportunities F , w 5 �},,XGHt:jI 1201 Leopard Street {. Cit`' of Corpus Christi 1 Corpus Christi,TX 78401 ti cctexas.com x Meeting Minutes - Draft City Council Tuesday, November 1,2022 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:36 a.m. B. Invocation to be given by Deacon Armando Botello, Our Lady of Guadalupe Church. Deacon Armando Botello, Our Lady of Guadalupe Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by John "Pancho" Lawson, Senior at Richard King High School. Mayor Paulette Guajardo led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. 1. 22-1899 Staff Announcement: Michael Rodriguez, Deputy City Manager City Manager Peter Zanoni introduced newly appointed Deputy City Manager Michael Rodriguez. Mr. Rodriguez will continue to oversee the Police, Fire, Human Resources and Parks and Recreation departments. Mr. Rodriguez's accomplishments include: over ten years of local government experience in an executive position; has helped recruit over 30 executives to the City, and has helped bring in a better health care plan. City of Corpus Christi Page 1 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 2. 22-1900 2022 United Way Campaign Kickoff, presented by Libby Averyt, President and CEO of United Way Corpus Christi City Manager Zanoni reported on the 2022 United Way Campaign Kickoff from November 7-December 5. There are 64 non-profit agencies that participate in the United Way. The City's goals this year are to raise $135,000.00 and to increase employee participation from 32% to 40%. President and CEO of United Way Corpus Christi Libby Averyt stated that this is a locally owned and operated non-profit. About .88 cents of every dollar goes back into direct services and education. 3. 22-1902 Distribution and Overview of the Procurement Policy and Procedures Guide, presented by Joshua Chronley, Assistant Director of Finance and Procurement Assistant Director of Finance and Procurement Josh Chronley presented an overview of the Procurement Policy and Procedures Guide: introduction; the book; procurement cycle; planning; method determination; vendor selection; contract development and award; and contract management. Council Members and Assistant Director Chronley discussed the following topics: in response to a Council Member's concern about the Historically Underutilized Businesses (HUBs) criteria, staff stated they chose to adopt the State's policies and criteria; and a Council Member's concern the wording in the policy is unclear and wants a fair, unbiased process. 4. 22-1901 Upcoming Events: • 59th Greek Festival of Corpus Christi - Friday, November 4 thru Sunday, November 6 • Voices of South Texas - Saturday, November 5 • Walk to End Alzheimer's - Saturday, November 12 • Keeping Diabetes at Bay 5k Walk/Run - Saturday, November 12 City Manager Zanoni reported on the upcoming events as follows: - 59th Annual Greek Festival of Corpus Christi on Friday, November 4-Sunday, November 6 at Saint Nicholas Greek Orthodox Church from 5 p.m. to 9 p.m. on Friday, 12 p.m. to 9 p.m. on Saturday, and 12 p.m. to 5 p.m. on Sunday. -Voices of South Texas Old Bayview Cemetery on Saturday, November 5 from 10 a.m. to 2 p.m. It is the first U.S. Military Cemetery in Texas. -Walk to End Alzheimer's at the Waters Edge Park on Saturday, November 12 at 9 a.m. - Keeping Diabetes at Bay Annual 5k Walk/Run at Cole Park Pier on Saturday, City of Corpus Christi Page 2 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 November 12 at 7:30 a.m. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period at 12:03 p.m. Walter Miller, 3606 Marion St., spoke regarding the lack of transparency for"no parking" signage during the Dia de los Muertos Festival. Doug Posey, 14446 Northwest Blvd., thanked Council for their time and efforts regarding Item 8. Dustin Cronan, 5026 Yorktown Blvd., spoke to promote and educate the community about Autism Awareness. A walk will be held in Austin, Texas, on December 3rd. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA: (ITEMS 5 - 20) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members pulled Items 7, 17 and 18 for individual consideration. A motion was made by Council Member Lerma, seconded by Council Member Smith to approve the Consent Agenda with the exception of Items 7, 17 and 18. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 5. 22-1818 Approval of the October 25, 2022 Regular Meeting Minutes The Minutes were approved on the consent agenda Consent-Second Reading Ordinances 6. 22-1733 Case No. 0922-01 Ryan Thurman (District 3): Ordinance rezoning property at or near 7017 Ayers Street, located along the west side of Ayers Street, south of Greenwood Drive, and east of the Crosstown Expressway (TX-286 N), from the "FR" Farm Rural District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval of the zoning change from the "FR"Farm Rural District to the "IL"Light Industrial District.)(Req u i res 2/3 Vote) City of Corpus Christi Page 3 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 This Ordinance was passed on second reading on the consent agenda. 7. 22-1734 Case No. 0922-02 HEP Javelina Company, LLC: (District 1): Ordinance rezoning property at or near 1230 McBride, located along the east side of McBride Lane, north of Interstate 37 and south of Up River, from the "IL" Light Industrial District to the "IH" Heavy Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval of the zoning change from the from the "IL" Light Industrial District to the "IH" Heavy Industrial District.)(Requires 2/3 Vote) Mayor Guajardo referred to Item 7. Council Member Pusley stated that he pulled this item to vote "no", as he did on First Reading. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Smith Nay: 1 - Council Member Pusley Abstained: 0 8. 22-1735 Case No. 0922-03 Douglas N. and Jove Posey (District 1): Ordinance rezoning property at or near 14446 Northwest Boulevard, located along the northside of Northwest Boulevard, south of Riverwood Drive, and west of River Hill Drive, from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission recommend approval of the zoning change to the "CG-2" General Commercial District. Staff recommends denial of the zoning change to the "CG-2" General Commercial District and in lieu thereof approval of a "ON/SP" Neighborhood Office District with a Special Permit)(Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. 9. 22-1566 Ordinance adopting the North Beach Drainage Improvement Project Plan and repealing Ordinance No. 031970 authorizing a previous drainage solution.(Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. 10. 22-1778 Ordinance authorizing the acceptance of a grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of$206,608.00 for the FY 2022 Edward Byrne City of Corpus Christi Page 4 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 Memorial Justice Assistance Grant program for the Corpus Christi Police Department to partially fund the purchase of 445 tasers as part of a previously approved five-year supply agreement; and appropriating $206,608.00 in the Police Grants Fund with $103,304.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $103,304.00 to be used by the City.(Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. 11. 22-1779 Ordinance accepting a grant in the amount of$94,500.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for Corpus Christi Police Department sworn officers supporting law enforcement activities that help to reduce human-trafficking, drug smuggling, and other organized crime; and appropriating $94,500.00 in the Police Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. 12. 22-1787 Ordinance accepting a grant in the amount of$20,000.00 from the State of Texas, Criminal Justice Division for Rifle-Resistant Body Armor for the Corpus Christi Police Department for the purchase of 40 additional pieces of rifle resistant body armor; and appropriating $20,000.00 in the Police Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. 13. 22-1737 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District (CCNCPHD) to add $72,379.00 for calendar year 2022, and $105,208.00 for calendar year 2023 to provide prevention and control services for Sexually Transmitted Diseases (STDs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS); and amending the operating budget.(Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. 14. 22-1750 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services and the Corpus Christi-Nueces County Public Health District to add $48,348 with a City match of$9,670 for Tuberculosis Prevention and Control - Federal Grant Program to provide tuberculosis prevention and control services for the period January 1, 2023, through December 31, 2024; and amending the operating budget.(Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. 15. 22-1650 Ordinance authorizing a professional services contract with Hanson Professional Services Inc. in the amount of$143,057.50 for the Northwest Blvd Drainage City of Corpus Christi Page 5 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 Feasibility Study, an FY 2022 budget intitiative; appropriating $143,057.50 from unreserved fund balance in 1020 General Fund and amending the FY 2023 Public Works Operating Budget; Council District 1.(Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. 16. 22-1700 Ordinance authorizing Amendment No. 5 to the service agreement with Sec-Ops, Inc., for citywide security guard services in an amount not to exceed $410,904.13, with FY 2023 funding from various funds.(Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Consent- Capital Projects 17. 22-1742 Motion awarding a construction contract to A. Ortiz Construction & Paving, Inc., Corpus Christi, Texas, for reconstruction of Strasbourg Drive from Grenoble Drive to Marseille Drive with new asphalt pavement and utility improvements, located in Council District 5, in an amount of$2,199,873.32 with FY 2023 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, and Water Capital Funds.(Requires 2/3 Vote) Mayor Guajardo referred to Item 17. A Council Member, Director of Engineering Jeff Edmonds, and City Manager Peter Zanoni discussed the following topics: this is a great news item because the bid was contracted under budget by $400k; and this is a 2020 Bond program project and construction is starting soon. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 18. 22-1687 Motion authorizing a professional services contract with Hanson Engineering, Corpus Christi, Texas, to provide design, bid, and construction phase services for Cefe F. Valenzuela Landfill Sector 2A cell development in the amount of $803,479.40, located nine miles west of Corpus Christi on FM 2444 and CR 20, with FY 2023 funding available from Solid Waste Capital Fund. (Requires 2/3 Vote) Mayor Guajardo referred to Item 18. Council Members, Assistant Director of Finance and Procurement Josh Chronley, Director of Solid Waste David Lehfeldt, and City Manager Peter Zanoni discussed the following topics: procurement staff debriefs companies who receive low scores and reviews criteria; this project will be financed through certificates of obligation; this City of Corpus Christi Page 6 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 agreement provides for design of Sector 2A Cell before exhausting capacity of Cell 3C; and composting will help keep brush out of the landfill which will further extend the life of the landfill. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 General Consent Items 19. 22-1808 Resolution directing the City's Planning Department to prepare a service plan for the annexation of County Right of Way for sections of County Roads 18 and 43, allowing for the annexation of the Caroline Heights subdivision, by Cypress Point Capital, LLC. This Resolution was passed on the consent agenda. 20. 22-1890 Resolution appointing a replacement at-large member to the ad hoc nominating committee to review and recommend candidates for the position of City Auditor. This Resolution was passed on the consent agenda. J. RECESS FOR LUNCH: (NONE) K. PUBLIC HEARINGS: (ITEM 21) 21. 22-1773 Case No. 0822-03 Flint Hills Resources Corpus Christi, LLC (District 1): Ordinance rezoning property at or near 2045 Tuloso Road from the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend denial of the zoning change to the "CG-2" General Commercial District and in lieu thereof approval of a "ON/SP" Neighborhood Office District with a Special Permit.) (The Texan) (Requires 2/3 Vote) Mayor Guajardo referred to Item 21. Director of Development Services Al Raymond presented information on the following topics: aerial image; zoning and land use; traffic impact study; public notification; staff analysis; and planning commission and staffs recommendation. Council Members and Director Raymond discussed the following topics: Council City of Corpus Christi Page 7 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 Members were told the access to the property would be from the frontage road, not Tuloso Road to change the traffic alignment; the developer would have to meet with Flint Hills since they own all of the property; a Council Member's concern that more residents in the Douglas Estates subdivision were not notified about the zoning change; and a Council Member's request to encourage more left hand turns to exit property. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Smith made a motion to approve the ordinance as recommended by Planning Commission and Staff, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 1 - Council Member Lerma L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 22 - 23) 22. 22-1809 Resolution adopting the specific park Master Plans for Labonte Park and Cole Park. Mayor Guajardo referred to Item 22. Director of Parks and Recreation Robert Dodd presented information on the following topics: overview; Labonte Park amenities; campground; south portion of park; Cole Park-north; Cole Park amphitheater; north promenade; and Labonte Park-cost estimate. Council Members, Director Dodd, City Manager Peter Zanoni, and Assistant Director of Parks and Recreation Kevin Johnson discussed the following topics: a Council Member thanked his colleagues for supporting the addition of the splash pad at Cole Park; Council is not approving the $84M for the two parks today; a Council Member suggested that Director Dodd obtain input from the Parks and Recreation Advisory Committee (PRAC); a Council Member recommended RV Parks be implemented; a Council Member suggested that the palm trees on Ocean Drive and the Bayfront be replaced with trees that provide shade and are less expensive to maintain; public outreach effort included PRAC and council members; a Council Member's concern that PRAC was excluded from the decision making process; a recommendation that the City send surveys by text message to obtain input on city parks; no surveys were sent out for these Master Plans; a Council Member's request for more pools to be included in the Master Plan; the importance of investing money in parks as citizens have requested; a Council Member's request for more input from the council and the public; staff will spend more time reaching out to the community and Council before requesting approval of these City of Corpus Christi Page 8 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 Master Plans; and a request for staff to reach out to Visit Corpus Christi for their input. There was no action taken. 23. 22-1820 Motion authorizing the purchase of an Airspace Easement and Restrictive Covenant from 8321 Weber, LLC and Weber-Oso Investments, LLC for $1,482,855, Located in the Clear Zone of NOLF Cabaniss Field, with funding available from the Texas Military Preparedness Commission Certificates of Obligation and the Community Development Grant Fund. (Requires 2/3 Vote) Mayor Guajardo referred to Item 23. Director of Intergovernmental Relations Tammy Embrey stated that this is a good news item. Mayor Guajardo opened public comment. Naval Air Station Community Planning Laision Officer Ben Pollack thanked the City for their support. Mayor Guajardo closed public comment. Council Member Hunter made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 M. BRIEFINGS: (NONE) N. EXECUTIVE SESSION: (ITEM 24) 24. 22-1790 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential purchase of Airspace Easement and Restrictive Covenant covering approximately 50 acres of property located in the south-most clear zone (approximately 3000'x1000') of Cabaniss Field between Weber Road and Oso Creek and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, and/or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was withdrawn. City of Corpus Christi Page 9 Printed on 11/11/2022 City Council Meeting Minutes -Draft November 1,2022 O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 1:59 p.m. City of Corpus Christi Page 10 Printed on 11/11/2022 so �o p A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 11/01/2022 1852 Second Reading Ordinance for the City Council Meeting 11/15/2022 DATE: November 1, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 2054 Tuloso Road CAPTION: Case No. 0822-03 Flint Hills Resources Corpus Christi, LLC (District 11: Ordinance rezoning property at or near 2054 Tuloso Road, located along the west side of Tuloso Road, north of Leopard Street, and south of Interstate 37 from the "ON" Neighborhood District and the" RS-6" Single-Family District to the "CG-2" General Commercial District. (The Texan) SUMMARY: The purpose of this rezoning is to allow for a convenience store with diesel fuel sales and commercial truck parking. BACKGROUND AND FINDINGS: The subject property is 12.350 acres in size. To the north, properties are zoned "RS-TF" Two- Family and is currently vacant. To the south, properties are zoned "RS-6" Single-Family 6 District and "ON" Neighborhood Office District with commercial, public/semi-public uses. To the east, properties are zoned "RS-6" Single-Family 6 District and "ON" Neighborhood Office with low-density residential, public/semi-public uses as well as vacant. To the west properties are zoned "RS-6" Single-Family 6 District and uses are light industrial and vacant. The proposed development is a 15,830-square-foot convenience store with fuel sales. The site will include passenger and commercial truck parking (approximately 70 spaces for commercial trucks) that will operate during the daytime and nighttime year-round without any overnight accommodations. It will consist of a one-story (approximately 15,820 square feet) convenience store with 16 pumps. A total of 183 parking spaces for passenger cars and trucks will be provided to serve guests and about 20 employees per shift. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes denial of the change of zoning. and in lieu approval of"ON/SP" Neighborhood Office District with a Special Permit. Conformity to City Policy The proposed rezoning is inconsistent with the Future Land Use Map. Public Input Process Number of Notices Mailed 37 within a 200-foot notification area 2 outside notification area As of October 5, 2022: I n Favor In Opposition 14 inside notification area (38.41%) 0 inside notification area (0.00%) 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition. ALTERNATIVES: 1. Approval of the change of zoning from the "RS-6" Single-Family District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended denial of the change of zoning from the "RS-6" Single- Family District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District and in lieu approval of "ON/SP" Neighborhood Office District with a Special Permit on October 5, 2022. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends denial of the change of zoning from the "RS-6" Single-Family District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District and in lieu approval of"ON/SP" Neighborhood Office District with a Special Permit. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0822-03: (District 1) Ordinance rezoning property at or near 2045 Tuloso Road from the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as 12.350 Acres out of Tuloso Road Elementary Subdivision, as shown in Exhibit "A": From the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District. The subject property is located at or near 2045 Tuloso Road as shown in Exhibit A. Exhibit A, which is a metes and bounds description with an associated map, attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 5 Exhibit A 12.358 ACRES THE STATE OF TEXAS) THE COLINTY OF NIJECES) BEING a "2.350 acre Iract of land situated In the City of Corpus Christi, NuecesCounty, Texas crut of the Gulf, olnrad7 and Santa Fe Railway C"-,r rpany Survey, Abstract No. 816, Nuet:e5 County, Texas, being a partior7 DF the Tuloso Read FlernentarV Subdiui i��t . ;..ord ng to the establi5.-ied map or plat there4= as recorded In Volume 44 Mode 4ks of the Mao RLcuurds. NLIN ", Cnurity, Teaas, aqd being t- F artion of a ear>ed 24,74 acre tract of ,a-ic des,cribed by ViVarranty Oeed rioted Octubef 28, 2021 conveyer. from rii-it H.I15 Resources, LR tc. Flint Hills Resources Corpus Christi, .LC as recorfed in Instrument No. 2010040429 of tht OFfi�lal public Records, Nuprp,« County,Texas,Said 1.2.3517 acre ,race of land toeing mare fully described by metes arid bounds as frfllaw s-: SEGIFNNING at a found 112' pipe along the west line of Tuloso Road (a 40oot Right•of- Wav) marking the rorcheast corner of the aforesaid 24.74 acre tract and being the southeast corner of Lot 40, Block I of the Tuioso Estates west Subdivision actording to the estabFlshedsnap for plat thereof as recorded in Volume 48, page 156-157 cf the leap Records,Nueces, County,Texas f€st the northeast corner of the herein described tract; THENCE, routl- 00'41'5$' East 5outl- 00'02'00" East, along the west rrgl`t-of-way line of Said Tuloso Road, with the east line of said 24,74 acre tract, a distance of 537,57 feet to a set 5/8" SWO rebar with yellow plastic cap stampeu 'VU BAN SURVEYING, INC." marking the southeast corner afthe herein described tract; THENCE. S4;,it9h 89'1C'C9" West, depart 7g the west right-iof-array line of said Tuloso Road, over, into, and ,across said 24,74 acre track, a diu;§nce of 598.95 feet to a sp-. 4J+3" steel rehar with yellow plat tic cap stamped "URBAN SURIdLYING, INC," along the west line rrf ,aid ?4.74 acre tract and tieing along the east line of Tuloso Road klerrientary orthe sojLhwest corner of th.2 herein d&scribed -root; THENCE,North 0108.4'51"West(North 00°20'49° Wpm), along rhe common lop between said 24,14 acre tract and the aforesaid 7ulaso Road Elementary, a distance -:-)f 3; 38 feel to a stet 5/8' steel rebs~with yellow plastic cap starnDed"IJRBAN SURVEMIS, INC"along the north line of sand 24.7.1 ;i re tract a,.d bL—nL Tong the south One of or t ; Rlocx 1 of the Tuloso Estates Was', Subdivision for the,nnr+.nwest corner of the he-ein described tract, THENCE, Nc-th 89'10'09°bast (North &9'44`07" Fast M, alang the north lire of said 24,74 acre trazt,with the south line of said Tuloso Estates We5t SuadiY4 or, e cii�,rance of 1002-52 feet to the(POINT Of BEGINNING, CO NTAMING wit hin these •netes and bounds a 12-350 acre tract of land, more or less, Rasws of hearing ,s based on the Texas. State Plane Coordinate System NAD 83), south central zone {4204). This survey was adjusted L,5ir.2 a cDmtined$Cale factor of 1-010 1371656:13 fGEOID12A) The foregoing legal description and acCompanymg survey Mat were prepared from an arttua° Survey rnadp on the ground under my supmv'i5ipn in January:, 2022 and are trua aitd correct to the best of racy knowledge and belie'. r or , .' •s rjr d! d MiFCHf LgT Vill .GMdS Urban Surveying, Inc. �-:�� .............. By:Michael K-Wilfiarn5 Registered Rrofe5sional Land Surveyor '... ,•- Texas No,6616 SU 524919.00 Page 4 of 5 �y3 TA CCF'rS �/y�T/H'�Tp�A ACC 'YY -IY 4o SryOW 4fir R �H3TA C S CFS Urj '4CC o ¢ P,pl�NROR M 13 6 Nyo M 14 10 AL1 YDR 11 12 17 15 7 8 9 18 16 19 20 SUBJECT 21 PROPERTY p 5 23 22 3 q °a 0 1 1n 2 0 J DOUGLAS DR N L X 'LU p ¢ BARROGATE DR lFOp ARD S T CASE. 0822-03 oder„ Zoning and notice Area ". `. RM-1 Multifamilyi IL Lightlntlustrial \ RM-2 Multifamily2 IH Heavylndustril RM-1 MUltlfamlly3 Pul) Planned unit Oe 0. 11ay Port CN PrMesslonal Omce RS-10 Single-Family-10 RM-AT MUltgamlly AT RS-5 Single-Family 5 CN-1 Neighborhood Commercial RS-4.5 Single-Famlly4.5 CN-2 Neighborhood Commercial RS-TF TW.-Family CR-1 Resort Commercial RS-15 Single-Family15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH ToMhollse Cr Qf�'Tll S CG-2 General Commercial SP Special Permit Christ Cl Intensive Commercial RV Reereational Vehiele Park Rolt5tW;n SUBJECT\ ceo Govmtown CommercialRMH Manufactured Home PROPERTY CR,1 Resort Commercial FR Farm Rural HHistoric Overlay BP Buslness Park Sur.q 20O'bWrery O Ovw, w+m zoo�nuner i,e�or 4 owe wnnm zaa ree oa V owners CIIV of _ anarnedawneranrpraare Xmoroncrnon CotpuS� Cr LIEsri,HERE: LOCATION M=AP Page 5 of 5 Case No. 0822-03: (District 1) Ordinance rezoning property at or near 2045 Tuloso Road from the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "ON/SP" Neighborhood Office District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as 12.350 Acres out of Tuloso Road Elementary Subdivision, as shown in Exhibit "A": From the "ON" Neighborhood Office and "RS-6" Single-Family 6 District to the "ON/SP" Neighborhood Office District with a Special Permit. The subject property is located at or near 2045 Tuloso Road as shown in Exhibit A. Exhibit A, which is a site plan, metes and bounds description, a subject property map, attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a convenience store (including showers and laundry facilities) with fuel sales and 74 commercial truck size parking spaces. All commercial truck size parking spaces must be located to the rear of the diesel fuel canopy and generally consistent with the site plan in Exhibit A. 2. Lighting: All freestanding lights located to the rear of the primary building shall be no greater than 50-feet in height and must be downward cast with full cut-off shielding. All other freestanding lights shall too be downward cast with full cut-off shielding and limited to a maximum height of 30-feet. 3. Tuloso Road: All mitigations listed within the Traffic Impact Analysis for the portion of the Tuloso Road from Timberline Drive to the subject property must be installed. Additional improvements to Tuloso Road shall consist of the reorientation of lane striping not including additional widening of the street pavement section from Interstate 37 to Timberline Drive. All improvements must be completed and approved by City prior to the issuance of a certificate of occupancy. 4. Signage: The proposed use will be allowed to have a freestanding sign up to a maximum of 65-feet in height and a maximum sign area of 350 square feet. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months after approval of this ordinance unless a complete building permit application has been submitted, or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. Furthermore, the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. Page 2 of 6 SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 8. This ordinance shall become effective upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 6 Exhibit A w i 9 m r T — m i s 1 s" . i6 w i r.li b r K L Ro�rAG�R�,an Page 4 of 6 12.3Sf7 ACMES THE STATE OF TEXAS) TFIE COUNTY OF NUECES BEING d ?.2.3517 acre trrr't of Idnd situated In the City of Corpus Christi, Nueces County, 7exws Dul of til p, Galt'. Cnlrsrad,n and Santa Fe Rifli aay Company Survey, Abstract hJ'i. 816, NuL%M County, Texas, being a portion ,W Ike Tuloso Road klementary Subdivi5ivri according to tht? establisried map or plat thereat as recorded in Volume 44 age 4,s of the Ma;3 Records. VuPcss Cnu-wy, TeHas, and being � Fartion of a cal ecf 24,74 acre tract ()f ,a-ic described by 4Narranty Oeed dated OdDber 28, 2021 [tlnvey-er' from rh.•it h1.115 Resources. tR tC. Flint Hi'ls Resor,rCes CorpLs Chrsti, .LC as recordrtf to Instrument No. 2010040428 of ehr; Officldl PC,ialic 3ecords, Nuprrx5 County,Texds,said 12.350 acre tract of land being more fr,,luy described by metes 4rid bounds as follows: ElEGINNING at a found 112" pipe along the west Tina of Tuloso Road la 40vot Right-of-Wayi -narking the rorcheast currier of the aforesaid 24.74 acre tract and being the southeast corner of Lot 40, Block 1 of the Tuiaso Estates West Subdivision according to the estahlished wrap or plat thereof as recorded in Volurie 48, Page 156-157 r.f the Map Records,Nueces, County, Texas for the northeast corner of the h@vein describec tract; THENCE, SoutF 00'41'58' Eabt Soutl- 00"02'00" East, along the west rigwt-of-way line of sdirr TuloSrt Road, with the east tine Of &did 24.74 acre tract, q distanc€ of 537.57 feet to a set 5M" ste4el rebar with yellow plastic Cap sl.amper; `URBAN SURVEYING, INC." marking the wnutheast cornier of thi! herein described zeaot THENCE. S4jji:4h 89'1C'C-9" West, depart 7g the west right-of-wav IrILr C-,' Sril Tuloso Road, ower, into, and across sari 24.74 acro tract,, a distance of G98.95 feet to a 9p, 4/8" stQel rebdr with ye low plastic car,;tamped 'URBAN SURIdLYPNG, INC." alone the west Pine of sairl ?4.74 acre tract and being along the east line of Tulosa Road klerrientary rorthe southwestcorner of th.e herein described ,rack; THENCE,North QV 4'51"West(North 00'20'49" Wpst), along the common line between said 24.74 acre tract and the aforesaid 'ruloso Road Elementary, a distanr.p of 557 58 feel to a set 5/8' 5tee1 rebar with yellow pl:istir cap MarnDed"URBA,N SURVEYING, MC"along the north line of said 24.7a acre tract and being along the lure of Lot 19, Bock 1 of the Tuloso Estates West Subdivision forthe,nnririwest cornerof the herein describes 1-d,.; THENCE,North 89'10'09" East (North S9'54'07" Fast), along the north line of said 24,74 acre tract,with the ,.Huth line of said Tuloso Estates West 5-ubdiv4 or, e distance of 1002-52 feet to the POINT OF BEGINNING,CONTAINING within these metes and bounds a 12.35(?acre tract of land, more or less. f9as�; of bearing ii based on the Texas State Piait7e CUardinate System ;NAD 83), south central zone {4204). This survey was ad)tusted r,5ir.g a comt:ined 5!aie`actor of 1,000W1 37165613 fGE411712a) the foregoing legal description and accompanv:ig survey Rlat 4 iRM8 prepared from an acTual survey madp on the ground under my supervision in January, 2022,and are trua artd correct to the bis*of my knowkl dee and belief. MICHAXt. K, WfLLGaMI Urban Surveying, Inc. � -y�.• By:Michael K-Wilfiart115 Registered RrOfe55ional Land Surveyor Texas No,6616 SU 524919.00 Page 5 of 6 ACCESS ACC SiyOkvpSAIro ,H3>4 C C 4 LcSSA W CC o FSR M n 13 6 pyo 14 1D �CILYDR 11 12 17 15 7 8 9 18 16 19 20 S1IBJE / 21 PROPERTY/ � 5 23 3 / 24 a 0 1 0 2 J DOUGLAS DR ti y J X LU Q p ¢ BARROGATE DR �FOp ARD ST CASE: 0822-03 Zoning and notice Area1 'I RM-1 Multifamily) IL Light industrial RM-2 Multifamily IH Heavy Inoustrlal RM-1 Mulafamilyl PLC Planned Unit Dev.Overlay port ON Professional Office RS-10 Single-Family 1D RM-AT Multifamily ATSingle-Familyfi GN-1 Neighborhood Commercial R54.5 Single-Family 4.5 ON Neighboncoatl Commercial RS-TF TWO-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CO.1 General Commercial RS-TH ToVmhouse ■ Corpus CG-2 General Commercial SP Special Permit \ Christ Cl Intensive Commercial RV Recreational Vehicle Park f�C1�15��1VV Il SUBJECT\ CBD Downtown Commercial RMH Manufactured Home PROPERTY CR-1 Resort Commercial --- FR Farm Rural \ H Historic Overlay BP Business Park SLU,�BLt P'Illy O OWners wrm zaa boner m re- 2w vw2w usted on owners City of _ attached ownership facie X in oPPasitiwr C(]r17111 - Ci1rLIS E:r.HEKE: LOCATION MA–PT- Page 6 of 6 ZONING REPORT Case # 0822-03 Applicant & Subject Property City Council District: 1 Owner: Flint Hills Resources Corpus Christi LLC Applicant: Dlugosch 3 LLC Address: 2054 Tuloso Road Location: Along the west side of Tuloso Road, and north of Leopard Street Legal Description: 12.350 acres out of Tuloso Road Elementary Acreage of Subject Property: 12.350 acres Pre-Submission/Early Assistance Meeting: 2/22/2022 Zoning Request From: "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District To: "CG-2" General Commercial District Purpose of Request: The proposed us is a 15,830 square foot convenience store with fuel sales. The site will include passenger and commercial truck parking (approximately 70 spaces) Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6, Public/Semi-Public Government `°ON" Neighborhood Office North "RS-TF" Two-Family, Vacant Light Industrial "RS-4.5" Single-Family 4.5 South "RS-6" Single-Family 6 Public/Semi-Public, Government "ON" Neighborhood Office Vacant, Commercial Low-Density Residential, Low-Density Residential, " East "RS-6" Single-Family 6 Vacant, Public/Semi- Medium-Density ON" Neighborhood Office Public Residential West "RS-6" Single-Family 6 Vacant, Government Light Industrial Plat Status: Property is not platted. Air Installation Compatibility Use Zone (AICUZ): No. Code Violations: None. Transportation and Circulation FOR Tuloso Road (Reconstruction and widening completed as a part of Bond 2012) Designation-Urban Section Proposed Section Existing Tuloso Road Street "A2" Secondary 100' R.O.W. 2 Lanes Arterial 80 Feet Transit: The Corpus Christi RTA provides transit services via Bus Route 27 Leopard with two bus stops near Tuloso Road and Leopard Street. Utilities Gas: 4-inch WS gas line along the east side of Tuloso Road. Stormwater: 24-inch RCP along the west side of Tuloso Road. Wastewater: 8-inch clay along the east side of Tuloso Road, and along the southern boundary of the subject property. Water: 6-inch waterline along the west side of Tuloso Road, rerouted mid-way to the west side of the road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Port/Airport/Violet Area Development Plan (Adopted September 22, 1992) Water Master Plan, Wastewater Master Plan, Stormwater Master Plan: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed . 37 within a 200-foot notification area • 0 outside 200-foot notification area In Favor . 15 inside notification area • 0 inside notification area • 39.32% in favor within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: October 05, 2022 City Council 1St Reading/Public Hearing Date: November 01 , 2022 City Council 2nd Reading Date: November 15, 2022 Background: The applicant is requesting a change in zoning for the northern portion of the remaining 24.74- Acre Tuloso Road Elementary lot, north of the existing Flint Hills Resource Center. The subject property is adjacent to medium-density residential developments to the north, east, and southeast. The site is located half a mile south of Interstate Highway 37 and approximately 1 ,000 Feet north of Leopard Street on Tuloso Road. Both Leopard Street and Tuloso Road are secondary arterials. The proposed development is a 15,830-square-foot convenience store with fuel sales. The site will include passenger and commercial truck parking (approximately 70 spaces for commercial trucks) that will operate during the daytime and nighttime year-round without any overnight accommodations. It will consist of a one-story (approximately 15,820 square feet) convenience store with 16 pumps. A total of 183 parking spaces for passenger cars and trucks will be provided to serve guests and about 20 employees per shift. Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is inconsistent with the following Goals and Strategies for Decision Makers: Zoning Report Page 3 o Future Land Use, Zoning, and Urban Design o Encourage the protection and enhancement of residential neighborhoods. o Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. o Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise, and a visual blight on surrounding areas. o Transportation and Mobility o "Certain uses" that produce traffic congestion, noise, and road wear, should be properly located and designed to prevent conflicts with other land use activities. Future Land Use Map Consistency: The proposed rezoning for commercial uses is inconsistent with the Future Land Use Map (FLUM) and would require an amendment to the FLUM: o Government use. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis staff notes the following: • The proposed rezoning is not consistent with the Future Land Use Map and many broader elements of the Comprehensive Plan. • The proposed use is compatible with the adjacent uses and in keeping with the character of the neighborhood. • The appropriate zoning for the scale of the proposed use is typically in an industrial district. However, the use is on the site of a former Elementary School. • Industrial uses are typically located near major transportation routes such as highways; however, the property is adjacent to the north, west, and south are vacant, office, and a bus maintenance barn. • The reconstruction of Tuloso Road, completed as a part of the City's Bond 2012 program, widened Tuloso Road to three lanes. However, the widening to three lanes did not extend to the subject property. The widening decreases to two lanes the entire length of the subject property on Tuloso Road. • Other sites more suitable for the proposed development are located along Interstate Highway 37. • Operating will be non-stop throughout the year, with 20-50 employees on site, dependent on the time of day. Additionally, a Traffic Impact Analysis (TIA) is required with this rezoning application and has been submitted as Attachment B (Executive Summary — Page 1 , Conclusion and Recommendations — Page 20) • The conclusions submitted as a part of the TIA propose the following mitigations: o Tuloso Road & Access A — Construct a southbound right-turn deceleration lane with a total of 190 feet including a 50-foot taper. o Tuloso Road & Access B — Construct a northbound left-turn deceleration lane with a total of 260 feet including a 50-foot taper. • Tuloso Road, a two-lane arterial, is not designed to accommodate the load and volume of truck traffic associated with the proposed use. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends denial of the change of zoning. However, Staff is recommending a Special Permit for the use that will allow the economic redevelopment of the area while limiting the impact of the commercial use. Planning Commission and Staff Recommendation (October 5, 20221: Denial of the change of zoning from the "RS-6" Single-Family 6 District and "ON" Neighborhood Office District to the "CG-2" General Commercial District in lieu thereof approval of the "ON/SP" Neighborhood Office District with a Special Permit. 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a convenience store (including showers and laundry facilities) with fuel sales and 74 commercial truck size parking spaces. All commercial truck size parking spaces must be located to the rear of the diesel fuel canopy and generally consistent with the submitted site plan. 2. Lighting: All freestanding lights located to the rear of the primary building shall be no greater than 50-feet in height and must be downward cast with full cut-off shielding. All other freestanding lights shall too be downward cast with full cut-off shielding and limited to a maximum height of 30-feet. 3. Tuloso Road: All mitigations listed within the Traffic Impact Analysis for the portion of the Tuloso Road from Timberline Drive to the subject property must be installed. Additional improvements to Tuloso Road shall consist of the reorientation of lane striping not including additional widening of the street pavement section from Interstate 37 to Timberline Drive. All improvements must be completed and approved by City prior to the issuance of a certificate of occupancy. 4. Signage: The proposed use will be allowed to have a freestanding sign up to a maximum of 65-feet in height and a maximum sign area of 350 square feet. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA AND SITE PLAN �y3> gCC�ss Yj�,3jH3>� �G'O � 3/y0�,p�AKDR � COPS �L S4cC Tj c C �B�R��NFo o R m a 13 6NZo z 14 10 �L rLY DR 11 12 17 15 7 8 9 18 16 19 20 SUBJECT 21 PROPERTY 5 23 22 3 4 0 1 0 2 ti DOUGLAS DR N y w 'p BARROGATE DR �F0 '9Rp sT CASE: 0822-03 1-1 kill N Zoning and notice Area W E 5. RM-1 Multifamily? IL Light Industrial RM-2 Multifamily2 IH Heavy Industrial RM3 Multifamily" PUD Planned Unit Dev.Overlay f10r1 ON Professional Office RS-10 Single-Family10 RM-AT Multifamily AT RS-6 Single-Family6 CN-1 Neighborhood Commercial RS-4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Res ort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial Rg TH Townhouse COrE7US CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreat on al Vehicle Park Roh-tt?1111 SUBJECT\ CSD Dowrtown Commercial RMH Manufactured Home PROPERTY CR3 Resort Commercial FR Farm Rural H Historic i.In.Over gp Business Park Subject Property O Owners wltR 200'busier In levor 4 owners wlthln200'l,Ned on owners City of eaeoneb....renlp ieae Xmoppo"l— COTpRs Esri,HERE, Christi LOCATION MAP 1 i x ,v v � Y^ r N , o r, � m �:,LLL11flW-LIQ' i '3>FRpN�,A���pA4 Zoning Case 0822-03 FLINT HILLS RESOURCES ESS CORPUS CHRISTI, LLC DISTRICT 1 oRezoning for a property at Tuloso Road K2ILV OR " " " " " r From ON and RS-6 to CG-2" ,. PL30O PC�f34�7 �QfS13P1(1 Glor Pu s Christi SUBJECT-, OOUG_LAS DI yy� o - —ATEA N t.aCAT�Q r MAP City Council 1 November 1, 2022 _ E- �.:. x t a. Aerial Image �ryr• •' .-.-� x. A a n _ 1 i I'oso Road. ,�e°M"^..: .`� �".-.. SUBJECT`. 1 RF I; i Zoning and Land Use RS-6 Hg�'aC CG_2 e N �Fss9r° Proposed Use: 10/11/1988 ° Convenience Store with Side Diesel Q SN Ory.pEAK DR '3'4CCESS RS-4.5, CG-2 '0°c 7/14/1982T"eFA, Area Development Plan: RS-TF Nf°R °G'2 Port/Airport/Violet Area Development Plan R A ��hLLYD 3/26/1980 7/28/1998 s-6 Future Land Use Map: /7777771 Government SUBJECT m PROPERTY o ON Existing Zoning: m 9/11/1974 "ON" Neighborhood Commercial "RS-6" Single-Family Residential 6 IL ON Adjacent Land Uses: DOUGLAS DR . North: Vacant R-S-6 0 • South: Commercial ON x East: Low-DensityResidential, Public/Semi-Public p 3 BARROGATE DR 4 ®' West: Public/Semi-Public 1 o G.2 4/4/1973 CG-2 Traffic Impact Study A Traffic Impact Analysis (TIA) is required with this rezoning application and has been submitted as Attachment B of the Zoning Report • The conclusions submitted as a part of the TIA propose the following mitigations: o Tuloso Road &Access A— Construct a southbound right-turn deceleration lane with a total of 190 feet including a 50-foot taper. o Tuloso Road &Access B — Construct a northbound left-turn deceleration lane with a total of 260 feet including a 50-foot taper. • Tuloso Road, a two-lane arterial, is not designed to accommodate the load and volume of truck traffic associated with the proposed use as it exists today. 4 Public Notification 37 Notices mailed inside 200' buffer 0 Notice(s) mailed outside 200' buffer QWY BNOWpEgK DR 74,-, Y 0 4 igLeE�L NE Notification Area oR D 1 K'L ILY DR 11 12 17 5 7 8 9 1 Opposed: 0 (0.00%) Separate Opposed Owners. 021 u O ©e 23 z� In Favor: 15 (39.32%) 3 a a Separate In Favor Owners. 1 ILL DOUOLASD O "Notified property owner's land in SQFT/Total square ¢BARROGATED footage of all property in the notification area = Percentage of public opposition. t Staff Analysis • The proposed rezoning is not consistent with the Future Land Use Map and many broader elements of the Comprehensive Plan. • The proposed use is compatible with the adjacent uses and in keeping with the character of the neighborhood. • The appropriate zoning for the scale of the proposed use is typically in an industrial district. However, the use is on the site of a former Elementary School. • Industrial uses are typically located near major transportation routes such as highways; however, the property is adjacent to the north, west, and south are vacant, office, and a bus maintenance barn. • The reconstruction of Tuloso Road, completed as a part of the City's Bond 2012 program, widened Tuloso Road to three lanes. However, the widening to three lanes did not extend to the subject property. The widening decreases to two lanes the entire length of the subject property on Tuloso Road. • Other sites more suitable for the proposed development are located along Interstate Highway 37. • Operating will be non-stop throughout the year, with 20-50 employees on site, dependent on the time of day. Planning Commission and Staff Recommendation "ON/SP" Neighborhood Office District with a Special t *, Permit oa;�k• Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a convenience store (including showers and laundry facilities) with fuel sales and 74 commercial truck size parking spaces. All commercial truck size parking spaces must be located to the rear of the diesel fuel canopy and generally consistent with the submitted site plan. ( " Lighting: All freestanding lights located to the rear of the primary building shall be no greater than 50-feet in height and must be downward cast with full cut-off shielding. All 0 other freestanding lights shall too be downward cast with full cut-off shielding and limited to a maximum height of 30- T feet. O���n ° �, '• Tuloso Road:All mitigations listed within the Traffic Impact Analysis for the portion of the Tuloso Road from Timberline 1 property ect Drive to the submust be installed. Additional improvements to Tuloso Road shall consist of the reorientation of lane striping not including additional staff-'xa widening of the street pavement section from Interstate 37 to Timberline Drive. All improvements must be completed Fr' , and approved by City prior to the issuance of a certificate of r� rrr. r�a*i�; occupancy. 77 Signage: The proposed use will be allowed to have a freestanding sign up to a maximum of 65-feet in height and a maximum sign area of 350 square feet. Tuloso • • Mp w� r/ ._ Buz. _. ,�•�` r - Tuloso Road 'tallI Id� r R , 9 Preliminary Site Plan AOPrv�. �rv,,F� , »=c F a t+ Al n . Eo LUIT rnP,. -F >� '111K n 10 Tuloso Road Improvement Plan Z 0 A 1 S GRAPHIC SCALE IN FEET 0 50 100 200 a0 _ a [ QLU - Li > 2 o ryDf .. SOC II '.. III ��� 11 25R R _ 2e R 75R -I J5 0' 5a 3' TULOSO ROAD -I I SPEED LIMIT.30 MPH s 'y31 e _ S /H,?YF�F�YY O S�OwPEA _ qCC m O A �'G ILY DR I „t I SUBJECT ���` ML PROPERTY .. I �a r _ o � t DOUGLAS DR I c W Y BARROGATE DR J <FoAARo � 1 'ST iL CASE: 0822-03 N W. E S Aerial View F ,1 Subject Property SUBJECT ' f t t i ti R; Itt:.;it � PROPERTY ■■►1■ City of Corpus Esri, HERE, Christi LOCATION MAP' so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 15, 2022 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure wesleyn(a)cctexas.com (361) 826-3111 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Service Agreement for Bio-Monitoring Testing for WWTP CAPTION: Motion authorizing a five-year service agreement with Bio-Aquatic Testing, Inc., of Carrollton, Texas, for bio-monitoring testing for the wastewater treatment plants, in an amount not to exceed $235,000.00, with FY2023 funding in the amount of $43,083.33 from the Wastewater Fund. SUMMARY: This service agreement will provide bio-monitoring testing service for Allison, Broadway, Greenwood, Laguna Madre, Oso and Whitecap wastewater treatment plants. BACKGROUND AND FINDINGS: The Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) permits require biomonitoring tests to be conducted every quarter for City's six wastewater treatment plants. Biomonitoring requirements were added to Corpus Christi Water's discharge permits in 1991 and is used to determine the quality of the effluent for each of the wastewater treatment plants. Biomonitoring uses living organisms to assess environmental conditions of the effluent to ensure all six wastewater treatment plants are meeting regulatory requirements. Corpus Christi Water's lab is not certified in this type of analysis and Bio-Aquatic Testing, Inc. is one of the most widely used laboratories in the State for biomonitoring. This service contract provides regulatory compliance for City's wastewater treatment. PROCUREMENT DETAIL: Finance-Procurement conducted a competitive Request for Bids process to obtain bids for a new contract. The City received one responsive, responsible bid and staff is recommending the award to the incumbent, Bio-Aquatic Testing, Inc. The annual price increased by $3.740.00 from the previous agreement. ALTERNATIVES: Since this is a State and Federal permit-required item, testing must be done. An alternative to awarding this service agreement is to reject the bid and not enter into a service agreement, which would require staff to solicit quotes each time the need for service arises. Having to solicit quotes as needed may not be cost-effective, will result in a time delay due to the procurement process, and may lead to wastewater treatment violations. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2023 is $43,083.33 FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway WWTP Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Account: 530000 Professional service Cost: $7,180.50 Fund: 4200 Wastewater Organization/Activity: 33110 Oso WWTP Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Account: 530000 Professional service Cost: $7,180.50 Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood WWTP Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Account: 530000 Professional service Cost: $7,180.50 Fund: 4200 Wastewater Organization/Activity: 33130 Allison WWTP Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Account: 530000 Professional service Cost: $7,180.50 Fund: 4200 Wastewater Organization/Activity: 33140 Laguna Madre WWTP Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Account: 530000 Professional service Cost: $7,180.50 Fund: 4200 Wastewater Organization/Activity: 33150 Whitecap WWTP Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Account: 530000 Professional service Cost: $7,180.83 RECOMMENDATION: Staff recommends approval of the five-year agreement with Bio-Aquatic Testing Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#4293 Sr.Buyer:Cynthia Perez Bio-Monitoring Testing for Wastewater Treatment Plants Bio-Aquatic Testing,Inc. Carrolton,TX ITEM Description Unit 5-Yr. Qty. Unit Price Total Price 1 Chronic Mysidopsis bahia Each 100 $925.00 $ 92,500.00 2 Chronic Mendidia beryllina Each 100 $895.00 $ 89,500.00 3 jAcute Mysidopsis bahia Each 50 $55.00 $ 2,750.00 4 Acute Menidia beryllina Each 50 $55.00 $ 2,750.00 5 Chronic Ceriodaphnia dubia Each 20 $925.00 $ 18,500.00 6 Chronic Pimephales promelas Each 20 $895.00 $ 17,900.00 7 Acute Ceriodaphnia dubia Each 10 $55.00 $ 550.00 8 Acute Pimephales promelas Each 10 $55.00 $ 550.00 9 Allowance-for repeat Toxicity $ 10,000.00 $ 10,000.00 Testing TOTAL $*235,000.00 *$595/ea.Freight is$200.00/ice chest(FedEx Priority).3 ice chests are required for a single chronic test.$200x3=$600 per chronic test.This total freight is divided in half and$300 was added to each chronic item.Invoices will reflect the$625 Mysid/Cerio and$595 Menidia/Pimephales test price and $200/ice chest for return freight. SC G° a 0 H SERVICE AGREEMENT NO. 4293 U Bio-Monitoring Testing for Wastewater Treatment Plants yeanaonn!e� 1852 THIS Bio-Monitoring Testing for Wastewater Treatment Plants Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Bio-Aquatic Testing, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Bio-Monitoring Testing for Wastewater Treatment Plants in response to Request for Bid/Proposal No. 4293 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Bio-Monitoring Testing for Wastewater Treatment Plants ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is five years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form -Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $235,000.00, subject to approved extensions and changes. Payment will be made for Services provided and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Amanda Howard Department: Utilities Department Phone: (361 ) 826-1894 Email: AmandaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361) 826-4495 IF TO CONTRACTOR: Bio-Aquatic Testing, Inc. Attn: Chris Robason Title: President Address: 2501 Mayes Road, Suite 100, Carrollton, Texas 77450 Phone: (972) 242-7750 Service Agreement Standard Form - Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: (972) 242-7749 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form - Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form -Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: � a _ Printed Name: — (�A rl SV1 Title: Re �-F Date: /D//- �2p a2 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit 7: RFB/RFP No. 4293 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Consent Decree Page B of S Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Bio-Monitoring Testing as outlined in this Scope of Work. The Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) permits require biomonitoring. The frequency of monitoring is related to factors such as size, industrial contribution, receiving stream water quality and flow, and biomonitoring history. The anticipated number of monitoring events are outlined in the attached Table 2. 1.2 Scope of Work The Contractor shall provide biomonitoring testing to determine if wastewater treatment plant effluent is toxic or has sublethal effects on living organisms. The Contractor will provide all necessary sample containers, labels, sample preservatives, shipping packages, and chain-of-custody forms. The City will be responsible for the collection, labeling, preservation of the samples and shipping. The Contractor will specify the method of shipment and will pay all shipping charges. In addition to performing the prescribed analyses, the Contractorwill also submit the reports no later than twenty calendar days after receipt of the last sample. A. The Contractor must meet the requirements of the Corpus Christi Water (CCW), Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ). B. Corpus Christi Water (CCW) Requirements: 1 . The City reserves the right to make changes in the contract to accommodate increased or decreased frequency of testing due to toxicity testing failure or permit alterations and modifications mandated by EPA and TCEQ. To perform additional tests if required, The City will include an allowance on the bid form. Any changes in the contract will be made after consultation with the laboratory. 2. Subcontracting to other laboratories shall not be acceptable. 3. All organisms shall be cultured in-house and shall be maintained in a clean and safe condition. No purchased organisms may be used in City tests. 4. The Contractor must have extensive chemical analysis capabilities in the event toxicity is found and it becomes necessary to isolate the toxins. Revised 1 1.30.20 5. The Contractor shall perform aquatic toxicity testing. The Contractor must have a minimum of a Master Degree toxicologist on staff. 6. The Contractor shall have saltwater testing capabilities. 7. The Contractor's procedures shall be supported by a strict Quality Assurance/Quality Control (QA/QC) program. In addition to the QA/QC program, the following shall be submitted to City Staff: 8. Reporting: a. Contractor must provide two written reports for each testing event; b. Reports must contain written summary, electronic data summary, raw data, reference toxicant data, chain-of-custody forms, and Table forms; C. Contractor must provide completed Table 1 and 2 forms, located with the plant's discharge permit. d. Turn-around-time must be no later than twenty calendar days after the receipt of the last sample. e. Contractor must provide electronic version, and; f. Contractor must retain reports for a minimum of five(5) years. 9. The Contractor must have separate areas, at a minimum, for the following: a. Freshwater testing; b. Saltwater testing; C. Fathead minnow culturing; d. Mysidopsis Bahia culturing; e. Menidia beryllina culturing; f. Synthetic water preparation area separates from testing and culturing; g. Effluent water preparation area separated from synthetic water preparation h. Invertebrate culture area; L Invertebrate testing area (both separate); j. Algae culture area; k. TRE/TIE or other non-routine testing area separate from testing rooms containing National Pollutant Discharge Elimination System (NPDES) compliance tests; I. Sample storage area, and; M. Labware and glassware cleaning and preparation Revised 1 1.30.20 10. The Contractor must be prepared to receive samples after hours. Secure outside storage for samples must be available for drop off or a person available for sample receipt. Security and after-hours sample receipt shall be at no extra charge. 11 . The Contractor must be available to receive samples on weekends and holidays. 1.3 Shipping/Special Instructions A. All sampling will be performed by the Corpus Christi Water and will be scheduled as required by the City's discharge permits. Samples will be shipped on Monday, Wednesday, and Friday. Deviation from this schedule will only be made if deemed necessary and after consultation with the Contractor. B. The Contractor shall provide all sample containers with appropriate preservatives, if any, and shipping container required for shipment. The Contractor must specify the method of shipment and the procedure. C. All sample and shipping containers will be shipped to: Corpus Christi Water Greenwood Wastewater Treatment Plant Attn: Nikki Gordon 6541 Greenwood Drive Corpus Christi, Texas 78415 D. The Contractor will pay all shipping charges to and from Corpus Christi Water (CCW). These charges must be included in the final cost of each test. All samples will be shipped to the Contractor on the day of completion of each 24-hour composite. If for any reason testing is terminated by the Contractor, at any stage of the testing, the cost will be incurred by the Contractor. If, for any reason, testing is terminated by the City after the samples have been received by the Contractor and testing has been initiated, reasonable and proportional costs shall be incurred by the City. 1.4 Invoicing and Reporting The Contractor's invoice for payment must contain the following information: 1 . Service Agreement # and/or PO # 2. Name and address of service location 3. Description of service work 4. Itemized list of charges 5. Name of authorizing City representative Revised 1 1.30.20 The Contractor shall mail the original invoice to the address below and mail a copy of the invoice to CCWAccountspayable@cctexas.com Original invoice to be mailed to: City of Corpus Christi ATTN: Accounts Payable P. O. Box 9277 Corpus Christi, TX 78469-9277 Reports: a. The Corpus Christi Water must receive final reports for the permit-required testing no later than twenty calendar days after receipt of the last sample. b. The original and one copy of both the final report and Table 1 and/or Table 2 for each test will be submitted to Corpus Christi Water. These reports, invoices and all correspondence will be sent to the following address if using the U.S. Postal Service. Corpus Christi Water 2726 Holly Rd Corpus Christi, Texas 78415 Telephone: (361) 826-1800 Fax: (361) 826-1715 Original scanned results can be emailed to: • RobertC6@cctexas.com • EarlRi@cctexas.com • NikkiG@cctexas.com All other couriers will require the shipping address. 1 .5 Methodology A. All test organisms, procedures, and water quality assurance criteria used must be in accordance with the latest revision of the following EPA Manuals: • "Short-Term Methods for Estimated the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms". EPA 600/4-89/001 . Revised 1 1.30.20 • "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, Third Edition." (EPA- 82.1-R-02-014). • "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms Fifth Edition. (EPA-821-R-02- 012). B. All test organisms, procedures, and water quality assurance criteria used must be in accordance National Pollutant Discharge Elimination System (NPDES) permits and/or Texas Commission Environmental Quality (TCEQ) permits as follows: 1. CHRONIC-MARINE TOXICITY TESTING: a. Mvsidopsis Bahia (Mysid shrimp) chronic static renewal 7-day survival, growth and fecundity test using Method 1007.0, EPA/600/4-91 /003, or the most recent update thereof. b. Menidia bervllina (Inland Silverside minnow) chronic static renewal 7- day larval survival and growth test, Method 1006.0 EPA/600/4-91/003, or the most recent update thereof. OR c. Ceriodaphnia dubia (water flea) chronic static renewal survival and reproduction test using Method 1002.0 EPA-821-R-02-013, or the most recent update thereof. d. Pimephales promelas (fathead minnow) chronic static renewal 7-day larval survival and growth test, Method 1000.0 EPA-821-R-02-013, or the most recent update thereof. 2. ACUTE-MARINE TOXICITY TESTING: a. Mvsidopsis Bahia (Mysid shrimp) acute static renewal 24-hour toxicity test using EPA-821-R-02-012, or the latest update thereof. b. Menidia bervllina (Inland Silverside minnow), acute static renewal 24hour toxicity test using EPA-821-R-02-012, or the latest update thereof' OR c. Ceriodaphnia dubia (water flea) acute static renewal 24-hour toxicity Revised 1 1.30.20 test using Method 2002.0 EPA-821-R-02-012, or the latest update thereof. d. Pimephales promelas (fathead minnow) acute static renewal 24hour toxicity test using Method 2000.0 EPA-821-R-02-012, or the latest update thereof. e. Daphnia pulex (water flea) acute static renewal 24-hour toxicity test using Method 2021.0 EPA-821-R-02-012, or the latest update thereof Note: The Daphnia pulex is generally listed as the water flea for 24-48Hr acute tests. They allow the C. dubia, but, generally it's the D. pulex. The D. pulex has a slower metabolic rate and slightly less sensitive than the C. dubia. So, considering all 24hr acute tests are performed on 100% effluent concentration, that's a g ood thing to use D. pulex if you can for acute. Side note: when your chronic test contains a 100% concentration, TCEQ allows you to extract the C. dubia survival after 24hrs in the chronic test to fulfill the 24-hour requirement (which saves you from conducting a whole separate test). A. Any method that does not follow the above procedures must be approved by Corpus Christi Water (CCW). B. The tests listed in Table 1 shall be performed in accordance with the NPDES permits and/or TCEQ permits. Revised 1 1.30.20 Table 1: Estimated Sampling Frequency Specifications for Biomonitoring Testing 4 per year Chronic Mysidopsis Bahia 4 per year Chronic Menidia beryllina Allison 2 per year Acute M sido sis Bahia 2 per year Acute Menidia beryllina 4 per year Chronic Mysidopsis Bahia 4 per year Chronic Menidia beryllina Broadway 2 per year Acute Mysidopsis Bahia 2 per year Acute Menidia beryllina 4 per year Chronic Ceriodaphnia dubia Greenwood 4 per year Chronic Pime hales promelas 2 per year Acute Ceriodaphnia dubia 2 per year Acute Pimephales promelas 4 per year Chronic Mysidopsis Bahia Laguna 4 per year Chronic Menidia beryllina Madre 2 per year Acute Mysidopsis Bahia 2 per year Acute Menidia beryllina 4 per year Chronic Mysidopsis Bahia Oso 4 per year Chronic Menidia beryllina 2 per year Acute Mysidopsis Bahia 2 per year Acute Menidia beryllina 4 per year Chronic Mysidopsis Bahia Whitecap 4 per year Chronic Menidia beryllina 2 per year Acute Mysidopsis Bahia 2 per year Acute Menidia beryllina Table 2: Estimated Number of Annual Sampling Events with: Chronic Mysidopsis bahia 20 Chronic Menidia beryllina 20 Acute Mysidopsis bahia 10 Acute Menidia beryllina 10 Chronic Ceriodaphnia dubia 4 Chronic Pimephales promelas 4 Acute Ceriodaphnia dubia 2 Acute Pimephales promelas 2 Revised 1 1.30.20 Attachment B - Bid/Pricing Schedule � $ CITY OF CORPUS CHRISTI ° CONTRACTS AND PROCUREMENT BID FORM RFB No. 4293 I Bio-Monitoring Testing for Wastewater Treatment Plants PAGE 1 OF 1 Date: 0.8/10/2022 Authorized Bidder: Bio-Aquatic Testing, Inc. Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item Description Unit 5-Yr. Unit Price Total Price Qty. 1 Chronic M sido sis bahia Each 100 $ 925.00 $ 92 500.00 2 Chronic Mendidia ber Ilina Each 100 $ 895.00 $ 500.00 3 Acute M sido sis bahia Each 50 $ 55.00 $ 2,750.00 4 Acute Menidia ber Ilina Each 50 $ 55.00 $ 2,750.00 5 Chronic Cerioda hnia dubia Each 20 $ 92 . 0 $ 18,500.00 6 Chronic Pimephales promelas Each 20 $ 895.00 $ 17,900.00 7 Acute Cerioda hnia dubia Each 10 $ _5-W $ 550.00 8 Acute Pime hales promelas Each 10 $ 55.oa $ 550.00 9 Allowance - for repeat Toxicity Testing $10,000.00 $10,000.00 Total _ $ *235,00.,00 *FYI: Total includes the $10,000.00. Our Unit Prices include return freight. Our invoices,will show the freight and test parameters as separate line items. Prices used for above: Freight$200/ice chest. Mysid/Ceriodaph$625/ ea;Menidia/Pimephales $595/ea. The Unit Prices above reflects a portion of freight and test prices combined. The Total does not change,we just itemize it. Corpus Christi accounting has years of experience with our invoices with no issues. Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury BUSINESS AUTOMOBILE LIABILITY $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Revised 1 1.30.20 Additional Requirements - 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Revised 1 1.30.20 ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-13 Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Revised 1 1.30.20 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cd n.cctexas.com/sites/default/files/CC-Consent-Decree.Pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article I X of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. se o H U NOORPOHPI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 15, 2022 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Drew Molly,P.E. Director - Water Systems and Support Services DrewM(a)cctexas.com (361) 826-1853 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Supply agreement for the purchase of Liquid Chlorine One-Ton Cylinders for O. N. Stevens Water Treatment Plant CAPTION: Resolution authorizing a one-year supply agreement with DPC Industries, Inc., of Corpus Christi, for the purchase of liquid chlorine in one-ton cylinders, for O. N. Stevens Water Treatment Plant, in an amount not to exceed $156,000.00, with FY 2023 funding from the Water Fund. SUMMARY: This resolution authorizes a one-year supply agreement with DPC Industries, Inc. for liquid chlorine in one-ton cylinders for the O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Chlorine is the disinfectant used in the treatment process to produce potable (drinking) water. Liquid chlorine (provided in one-ton cylinders) is a supplemental delivery supply when the primary supply system (i.e. 90 ton rail-cars) is unavailable. The cylinders are delivered via truck to the water treatment plant. Liquid chlorine is vital to operations and any interruption in supply could adversely impact our ability to produce treated water. Supply for liquid chlorine is very limited in our area. The manufacturer refuses to sell direct, and no other reseller has interest in operating in our market. DPC Industries has supplied liquid chlorine to the City of Corpus Christi since 2010. PROCUREMENT DETAIL: This chemical is necessary for treatment of potable (drinking) water. Procurement staff believes that it is in the best interest of the City's residents to enter into an agreement with DPC Industries, Inc. to avoid any interruption in the City's supply of liquid chlorine one—ton cylinders in accordance with Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents. Pricing is consistent with the prior agreement of $2,500 per cylinder and a $50 rental fee for the chlorine cylinders. ALTERNATIVES: The alternative is to not purchase one-ton cylinders and only rely on the use of the liquid chlorine from rail cars, but if there is an emergency and a rail car cannot be used or delivered, we run the risk of not having liquid chlorine for treatment of potable drinking water. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY2023 is $156,000.00. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity 31010 Stevens Filter Plant Mission Element 062 Treat Water Project # (CIP only) N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of this resolution authorizing a one-year supply agreement with DPC Industries, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Resolution authorizing a one-year supply agreement with DPC Industries, Inc., of Corpus Christi, for the purchase of liquid chlorine in one - ton cylinders, for O. N. Stevens Water Treatment Plant, in an amount not to exceed $156,000.00, with FY 2023 funding from the Water Fund. WHEREAS, liquid chlorine in one-ton cylinders is a necessary chemical for treatment of potable water; WHEREAS, the price of liquid chlorine in one-ton cylinders is volatile in the current market; WHEREAS, State law generally requires that procurements are subject to statutory requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, given the necessity of purchasing sufficient supplies of this chemical for the treatment of potable water, the City believes it is in the best interest of the City's residents to enter into an agreement with DPC Industries, Inc. that allows flexibility in pricing up to a maximum annual dollar amount in order to avoid any disruption in the City's supply of this chemical necessary to preserve and protect the public health and safety of the City's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute all documents necessary to secure a one-year supply agreement with DPC Industries, Inc. for the purchase of liquid chlorine in one-ton cylinders in an amount not to exceed $156,000.00, with FY 2023 funding from the Water Fund. PASSED AND APPROVED on the day of , 2022: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Page 1 of 2 Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 DocuSign Envelope ID:781D313332-8CK-461 E-134132-Cl 651313027E48 SC > SUPPLY AGREEMENT NO. 4386 U Liquid Chlorine I Jon Cylinders fhaaaoRp 1852 THIS Liquid Chlorine I Jon Cylinders Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and DPC Industries, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Liquid Chlorine 1- Ton Cylinders in response to Request for Bid No. 4386 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Liquid Chlorine 1- Ton Cylinders in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $156,000.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:78D313332-8CK-461 E-134132-Cl 651313027E48 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: CCW Phone: (361 ) 826-1687 Email: Diana@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:781D313332-8CK-461 E-134132-Cl 651313027E48 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:78D313332-8CK-461 E-134132-Cl 651313027E48 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche-Garza Title: Contract/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361 ) 826-1687 Fax: (361 ) 826-4495 IF TO CONTRACTOR: DPC Industries, Inc. Attn: Ed Manzano Title: Territory Manager Address: 5245 Sunbelt, Corpus Christi, Texas 78408 Phone: (361 ) 289-6947 Fax: (361 ) 289-7709 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:78D313332-8CK-461 E-134132-Cl 651313027E48 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:78D3B332-8C3C-461 E-134132-C165BB027E48 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:781D313332-8CK-461 E-134132-Cl 651313027E48 CONTRACTOR DocuSignne_d�by: 4 km\o Signature: 5 Edward Manzano 7r Printed Name: Tltle: Territory Manager Date: 9/15/2022 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 4386 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:78D313332-8CK-461 E-134132-C165BB027E48 O.�yZ36 Cj ATTACHMENT A: SCOPE OF WORK v ' On POx41E0 1852 1. General Requirements The Contractor shall provide liquid chlorine in 1-ton cylinders as outlined in this Scope of Work. 2. Scope of Work A. The Contractor shall supply liquid chlorine in 1-ton cylinders per scope of work. Liquid chlorine is defined as the commercially available form of liquefied elemental chlorine gas. B. The liquid chlorine will be use in treatment of potable(drinking) water. C. The liquid chlorine must conform to: 1 . American National Standards Institute/American Water Works Association Standards for Liquid Chlorine, ANSI/AWWA B301-18 or latest revision. 2. American National Standards Institute/National Sanitation Foundation Institute Standards for Drinking Water Treatment Chemical- Health Effects, ANSI/NSF 60 or latest revision. 3. Conformance to ANSI/NSF 60 or latest revision shall be obtained by certification of this product by an agency recognized by the Texas Commission on Environmental Quality (TCEQ). 3. Delivery A. The City will place orders for liquid chlorine in 1-ton cylinders on an as needed basis. This is a secondary system and only runs when the primary feed system is offline. B. The Contractor shall deliver the material with lead time of less than or equal to 7 days. In unusual circumstances, the City will accept lead time of 10 days. C. Delivery is to be made to the City of Corpus Christi O.N Stevens Water Treatment Plant 13101 Leopard St, Corpus Christi, Texas 78469-9277. Delivery hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. D. A Safety Data Sheet (SDS) must be provided to the City prior to shipping the product and along with the product. E. The Contractor shall provide an affidavit of compliance, by manufacturer, stating that at the time of loading, the liquid chlorine furnished under the release order, complies with all applicable requirements of ANSI/AWWA B301- 18 and ANSI/NSF 60 shall be provided to the City of Corpus Christi, Plant Manager, 13101 Leopard St, Corpus Christi, Texas 78469-9277. Page 1 of 3 DocuSign Envelope ID:781D313332-8CK-461 E-134132-C165BB027E48 4. Ownership City's ownership of the Liquid Chlorine in 1-ton cylinders shall begin, and Contractor's ownership shall cease, upon arrival of the cylinder at the unloading rack at the O.N Stevens Water Treatment plant. 5. Testinq The City of Corpus Christi reserves the right to have the product supplied tested at any time during the Contract period. An independent laboratory would do such testing. Failure to meet specification shall result in the testing rate costs to be borne by the Contractor. 6. Containers A. The Contractor shall supply Liquid Chlorine in 1 Ton Cylinders. B. The Contractors' shipping containers for Liquid chlorine shall conform to applicable regulations of the federal, state and Interstate Commerce Commission. C. The Contractor shall send containers that are reconditioned and maintained in accordance with the latest edition of "Container Procedure at Chlorine Packaging Plants" issued by the Chlorine Institute Inc. The Contractor shall carefully examine the container for the leakage, damage and corrosion before delivery. D. All chlorine containers shall have legible tag(s) securely attached which, in addition to the information routinely furnished, shall indicate the following container history: 1 . Date of last visual inspection in accordance with Compressed Gas Association, Inc standards. 2. Date the valves were overhauled. 3. Date the fuse plugs were tested and/or renewed. 4. Date the container was last cleaned 7. Inspection The City of Corpus Christi reserves the right to make unannounced inspection of the Contractor's plant and facilities at any time, in order to ensure proper cleaning of chlorine containers and proper preventative maintenance and testing of chlorine containers and regulators. 8. Safety Measures A. The Contractor shall provide with the following information. The information is to be continually updated as revisions occur during the contract period. 1 . Location of nearest emergency station 2. Name of person in charge of emergency crew Page 2 of 3 DocuSign Envelope ID:78D313332-8CK-461 E-134132-Cl 651313027E48 3. Telephone number to be called for emergency service and/or normal maintenance. B. The Contractor shall assure that in case of emergency condition, trained emergency crews and equipment shall be made available on a 24-hour basis. C. The Contractor shall assure that in case of non-emergency condition, remedial maintenance shall be performed on existing problem within 24 hours of a receipt of maintenance problem call. 9. Invoicing The Contractor shall email a copy of the monthly invoice to CCWAccounts Payable@cctexas.com or mail a hard copy to the address listed below. City of Corpus Christi Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 3 of 3 DocuSign Envelope ID:78D3B332-8C3C-461 E-134132-C165BB027E48 Attachment B - Pricing Schedule dpc Dpc Industries, Inc 5245 Sunbelt Corpus Christi, Texas 78408 (361)289-6947 8-17-2022 Here is the quote you requested for Chlorine Tons delivered to the Stevens plant on a as needed basis. PRODUCT SIZE QUANITITY UNIT PRICE EXTENDED PRICE Chlorine 2000 Lb.Ton Containers 60 $2,500.00 $150,000.00 Cylinder Rental 120 $50.00 $6,000.00 TOTAL $156,000.00 Payments by credit card will incur a 3% surcharge. Thank you, Edward Manzano Jr. Territory Manager Dpc Industries, Inc. *Please visit our website httl2://www.dxgroul2.com/ DocuSign Envelope ID:781D313332-8CK-461 E-134132-Cl 651313027E48 Attachment C- Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator, one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is Exhibit. not domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per occurrence 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Revised 1 1.30.20 DocuSign Envelope ID:781D313332-8CK-461 E-134132-Cl 651313027E48 Additional Requirements - 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Revised 1 1.30.20 DocuSign Envelope ID:781D313332-8CK-461 E-134132-C165BB027E48 ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement 2021 Insurance Requirements Ins. Req. Exhibit 1 -B Purchase Contracts - Supply Agreements - Equipment Leases Hazardous Chemicals Delivered to City 05/10/2021 Risk Management - Legal Dept. Revised 1 1.30.20 DocuSign Envelope ID:78D3B332-8C3C-461 E-134132-C165BB027E48 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." mus r �, c0 a "GOAPORp£° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of November 15, 2022 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Gabriel Hinojosa, Interim Director of Public Works gabrielh(O-)cctexas.com (361) 826-1877 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement heatherh3(a)cctexas.com (361) 826-3227 Construction Contract Award Long Meadow Drive (St. Andrews Drive to Hunt Drive) (Bond 2018, Proposition B) CAPTION: Resolution authorizing the approval of Change Order No. 1 with JE Construction Services LLC., Corpus Christi, TX, for the Long Meadow Drive Project, in an amount of $168,876.76, and repurposing $115,380 from Bond 2014 funds with remaining funds available from Storm Water for the project. SUMMARY: This motion authorizes approval for Change Order No. 1 for the additional funding required to complete critical repairs to Long Meadow Drive. A section of Long Meadow Drive between Saratoga Boulevard and Middlecoff Circle started to fail dramatically over the course of the past two months. The repair will occur on the North bound lane starting at just short of the crosswalk at Saratoga and Long Meadow for roughly 180 linear feet (LF). Full depth repairs will also occur for 54 LF on the south bound lane starting just before the same crosswalk as well as one pothole on the south bound lane. Mill and overlay will occur on the remainder of the north and south bound lanes to achieve pavement repairs on 320 LF of roadway on the southside of Long Meadow. BACKGROUND AND FINDINGS: On June 28, 2022, Council approved a construction contract with JE Construction Services LLC, to reconstruct Long Meadow Drive from Saratoga Boulevard to St. Andrews as approved in Bond 2018. However, staff was able to identify $115,380 that was saved after completing Bond 2014 projects. As a result, staff advises the use of this savings along with Storm Water funds to complete this change order. Long Meadow Drive from St. Andrews Drive to Hunt Drive is classified as a residential collector street and is 0.57 miles in length. This project is divided into Phase I—Saratoga Boulevard to Hunt Drive and Phase 11 — Saratoga Boulevard to St. Andrews Drive. Long Meadow provides access primarily to adjacent residential neighborhoods and small businesses along Saratoga Boulevard. Phase I is 0.33 miles in length. The roadway was originally constructed in 1965 with a surface pavement overlay completed in 2002. In 2020, Public Works in-house crew completed a new pavement rehabilitation project due to several requests from the residents. The rehabilitation project included construction of new pavement, curb and gutter, sidewalks, ADA improvements and upgrades to utilities. Phase 11 is 0.24 miles in length. The existing street has two-lane roadway with 36-foot-wide asphalt pavement, curb and gutter, sidewalks, underground water lines, storm water lines, gas lines, and wastewater lines. The roadway was originally constructed in 1965 with a surface pavement overlay completed in 2002. The existing underground utilities were built in 1965 with no other major utility improvements. This change order no.1 requests addition of the repair that will occur on the North bound lane starting at just short of the crosswalk at Saratoga and Long Meadow for roughly 180 linear feet (LF). Full depth repairs will also occur for 54 LF on the south bound lane starting just before the same crosswalk as well as one pothole on the south bound lane. Mill and overlay will occur on the remainder of the north and south bound lanes to achieve pavement repairs on 320 LF of roadway on the southside of Long Meadow. PROJECT TIMELINE: 2021 2022 2023 J J A SFO N FD J F M A M J J � A � S � O N D J F M � A � M J Design Bid/ Award Construction Change Order No. 1 will authorize an additional 28 calendar days to the construction contract. The anticipated substantial completion date of the project is July 2023. ALTERNATIVES: Council could choose not to approve Change Order No. 1. and not do the repair to Long Meadow Drive, thus procuring a new construction contract and delaying critical improvements. FISCAL IMPACT: The fiscal impact for the FY 2023 is an amount of$168,876.76 with funding available from the Bond 2014 and Storm Water Funds. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is planned for FY2023. The project is ready to be implemented and expenditures are within budget as shown in the CIP. Fund: Street—ST2015 GO BD 14 (Fund 3551) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 18030 - Long Meadow Dr (St Andrews Dr to Hunt Dr) Account: Construction (550910) Activity: 18030-A-3551-EXP Amount: $115,380.71 Fund: Storm Water- StrmWtr 2022 CIP (Fund 4533) Mission Elem: Drainage Infrastructure (ME 043) Project No.: 18030 - Long Meadow Dr (St Andrews Dr to Hunt Dr) Account: Construction (550910) Activity: 18030-A-4533-EXP Amount: $52,744.49 Overall Total $168,125.20 RECOMMENDATION: Staff recommends approval of Change Order No. 1 in an amount $168,876.76 to JE Construction Services LLC., for additional repairs of Long Meadow Drive south of Saratoga Boulevard with construction duration planned for 28 days extended to the original June 23 completion date. LIST OF SUPPORTING DOCUMENTS: Location Map Change Order No. 1 CIP Page Resolution authorizing the approval of Change Order No. 1 with JE Construction Services LLC., Corpus Christi, TX, for the Long Meadow Drive Project, in an amount of $168,876.76, and repurposing $115,380 from Bond 2014 funds with remaining funds available from Storm Water for the project. WHEREAS, all Bond 2014, Proposition 1 projects have been completed and any remaining Bond 2014, Proposition 1 funds shall be used as directed by City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council hereby directs and authorizes the repurposing of$115,380.00 in Bond 2014, Proposition 1 funds to fund the Bond 2018 Proposition B Long Meadow Drive, from Hunt Drive to St Andrews Drive project (with $52,744 available from Stormwater Fund). SECTION 2. The City Council further authorizes and approves Change Order No. 1 in the amount of $168,876.76 with JE Construction Services LLC to the Long Meadow Drive (St. Andrews to Hunt Drive) Project. PASSED AND APPROVED on the day of 2022: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Project G R GAKS Location Map No - , M r � G r Al Cl. W ^ � rz �� A , C ttllWORK LLI Jr 44. _ . A. iRe .`R) , Al- . r p. MIDDLECOFF EIDER ' � , �� :tea TOX'RUN e Ab MERGANSER )e, 4f - k GOLDENEYE 4.n 1 �q ry r a j,`rJ Phase I Phase II ?, PROJECT'NO. 18030A �' LONG MEADOW DRIVE - CITY COUNCIL EXHIBIT ST ANDREWS DRIVE TO CITY OF CORPUS CHRISTI,TEXAS _ HUNT DRIVE DEPARTMENT OF ENGINEERING SERVICES CITU OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER PROJECT: Long Meadow Dr.(Hunt Dr.to St.Andrews Dr.)(Bond 2018)(11113 4117) CHANGE ORDER NO: 1 CONTRACTOR: JE Construction Services,LLC. CHANGE ORDER DATE: drafted 10/11/22 ENGINEER: Freese and Nichols PROJECT NUMBER: 18030A PROJECT MANAGER: Ryan Hedrick ORIGINAL CONTRACT TIME: 150 CD's OPERATING DEPT.: Streets-Public Works Make the following additions,modifications or deletions to the work described in the Contract Documents: ADDITIONS Quantity Unit Unit Price Total Long Meadow Failure at Saratoga PART A-GENERAL Al Mobilization(Max 5%Part A) I LS $ 1,248.44 $ 1,248.44 A2 Bonds and Insurance(Max 2%) 1 AL $ 1,668.75 $ 1,668.75 A6 Traffic Control Plan by Professional Engineer 1 EA $ 2,400.00 $ 2,400.00 A7 Traffic Control Mobilization/Adjustments I LS $ 7,400.00 $ 7,400.00 A8 Traffic Control Items(Signs,Barricades,Channelizing Devices,LPCBs,etc.) I MO $ 1,000.00 $ 1,000.00 All Temporary Traffic Signalization(Timber Pole Span Wire for all Traffic Control Phases) I EA $ 12,500.00 $ 12,500.00 Part A: $ 26,217.19 PART B-STREET IMPROVEMENTS BI Mobilization(Max 5%Part B) I LS $ 6,757.52 $ 6,757.52 B2 Sweet Excavation 494 SY $ 21.00 $ 10,374.00 B3 12"Compacted Subgrade with top 8"Lime Stabilized 494 SY $ 31.00 $ 15,314.00 B4 Lime 6 TON $ 300.00 $ 1,800.00 B5 9"Crushed Limestone Flexible Base(Type A,Gr.1-2) 494 SY $ 43.00 $ 21,242.00 B6 Prime Coat(0.15 GAL SY) 200 GAL $ I L00 $ 2,200.00 B7 One Course Surface Treatment Underseal(Asphalt Binder and Aggregate) 494 SY $ 8.00 $ 3,952.00 B8 3"HMACP(Type D)Surface Course 494 SY $ 34.00 $ 16,796.00 B9 6"Concrete Driveway 360 SF $ 15.00 $ 5,400.00 BIS REEL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W)(ARROV 3 EA $ 400.00 $ 1,200.00 B16 REEL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W)(WORD) I EA $ 500.00 $ 50(r00 B18 REFL PAV MRK TY I(Y)4"(SLD)(DBL)(090MIL) 320 LF $ 2.00 $ 640.00 B19 REFL PAV MRK TY I(V)8"(SLD)(090MIL) 130 LF $ 2.00 $ 260.00 B21 TY II-C Raised Pavement Marker(Reflectorized) 7 EA $ 8.00 $ 56.00 B22 TY II-A-A Raised Pavement Marker(Reflectorized) 34 EA $ 8.00 $ 272.00 B29-NI Demo Driveway 360 SF $ 5.00 $ 1,800.00 B29-N2 Demo Curb and Gutter 75 LF $ 8.00 $ 600.00 Part B: $ 89,163.52 PART D-STORM WATER DRAINAGE IMPROVEMENTS DII 6"Concrete Curb and Gutter 75 LF $ 29.00 $ 2,175.00 D-Nl 3"Mill and Overlay 857.11 SY $ 59.00 $ 50,569.49 Part D: $ 52,744.49 Additional contract time due to:Scope of Work 28 DAY $ - $ - Additions Total: $ 168,125.20 DELETIONS none 1 n/a 0 LS $ - $ Deletions Total: $ - Additional Calendar Days requested 28 NET TOTAL OF THIS CHANGE ORDER: $ 168,125.20 Why was this Change necessary: The Public Works Department requested that a section of Long Meadow Drive between Saratoga Blvd and Middlecoff Circle be added to the project due to significant road failures. The new scope will require an additional 28 contract days to complete. This Contract Modification represents Final Adjustment for any and all amounts due or to become due to Contractor far changes referred to herein.Contractor further releases all other claims,if any(except those claims previously submitted in writing in strict accordance with the Contract),for additional compensation under this Contract,including without limitation any rights Contractor may have for additional compensation arising out of delays or disruption of Contractor's schedule as may have arisen prior to the date of this Contract Modification.Unless otherwise expressly provided herein,the titne of completion and all other terms and conditions of the Contract remain unchanged CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER PROJECT: Long Meadow Dr.(Hunt Dr.to St.Andrews Dr.)(Bond 2018)(RFB 4117) CHANGE ORDER NO: 1 CONTRACTOR: JE Construction Services,LLC. CHANGE ORDER DATE: drafted 10/11/22 ENGINEER: Freese and Nichols PROJECT NUMBER: 18030A PROJECT MANAGER: Ryan Hedrick ORIGINAL CONTRACT TIME: 150 CD's OPERATING DEPT.: Streets-Public Works Original Contract Amount $ 1,825,283.00 Maximum Change Order Contingency Amount(25%) $ 456,320.75 Remaining Available Contingency Amount(including this CO) $ 288,195.55 Previously Approved Change Order Amount $ - Proposed Change Order Amount $ 168,125.20 Revised Contract Amount $ 1,993,408.20 Percent of Total Change Orders(including this CO) 9.21% Original Contract Time for Substantial Completion 150 CD's Notice to Proceed Date 10/3/2022 Original Substantial Completion Date 3/2/2023 Previously.Approved Change Order Time 0 CD's Additional Time on This Change Order 28 CD's Revised Contract Time for Substantial Completion 178 CD's Revised Substantial Completion Date 3'30/2023 REVIEWED BY: Initial Date REQUESTED BY: JE Construction Services,LLC. Eng.Proj.Specialist Liza Steele LS Constr.Supervisor Arnie Wojtasez)k ADW Constr.Inspector Geoffrey Mayer Constr.Sr.Project Mgr. Ruben Barrera R.Ti. Grant Dietze Date Vice President CITY OF CORPUS CHRISTI SECTION/FUND SECTIONYUND FUND: xxxx-xxx XXXX-XXX ACCOUNT: xxxxxx XXXXXX RECOMMENDED BY: ACTIVITY: XXXXXX-XX-XXXX-XXX XXXXXX-XX-XXXX-XXX Brett Van Hazel Date AMOUNT: $0.00 $0.00 Construction Engineer APPROVED AS TO APPROVED BY: vt- nt - FORM: Kent McIlyar Date ($50,000.00-$99,999.99)Neiman Young Date Assistant Cite Attorey Assistant City Manager initials RECOMMENDED BY: Authorized Legisuar No. Kamil Taras Date Management and Budget Designee By Council Council Date APPROVED BY: ATTEST: Jeff H.Edmonds Date (Council)Rebecca Huerta Date Director of Engineering Services (>_$100,000.00 or>_25%)City Secretary CONSTRUCTION SERVICES JE Construction Services 7505 Up River Rd. Corpus Christi, TX 78409 Change Request 01 Rev 01 TO: City of Corpus Christi PROJECT: Long Meadow Drive Please see pricing below reflecting the quantities necessary to perform full depth repair of the right lane on Long Meadow beginning at the fence line of American Bank going towards Saratoga Blvd for roughly 320 LF. Full depth repair will also include full width of the road at the intersection of Long Meadow and Saratoga just before the cross walk striping and not extending past the American Bank driveway on the left lane. There is one pot hole on the left lane that will also receive full depth repair. The left lane will receive a 3"mill and overlay roughly 300 LF from the first American Bank driveway to just past the fence line. Upon request from the city, original contract items have been applied to capture the required scopes of work pricing with additional change order contract items necessary to complete the scope of work. There will be phasing for each side of the road to allow one way traffic from Saratoga through Long Meadow. Please advise. Labor, Material, Insurances, Bonds, Overhead and Profit to provide the following: - Over run of quantities in the original contract to perform the street reconstruction on the south side of Long Meadow Dr. Long Meodow Saratoga towards Hunt Dr.Rev 1 Contract Item Description Unit qty Unit Price Total A01 Mobiliztion 5%Part LS 1 $ 1,748.59 $ 1,748.59 A02 Bonds and Insurance LS 1 $ 2,071.80 $ 2,071.80 A06 Traffic Control Plan by Professional Engineer EA 1 $ 12,000.00 $ 12,000.00 A07 Traffic ControlMobili2ation/Adjustments LS 1 $ 7,400.00 $ 7,400.00 A08 Traffic Control Items(Signs Barricades Channeli MOS 1 $ 1,000.00 $ 1,000.00 All Temporary Traffic Signalization EA 1 $ 12,500.00 $ 12,500.00 Bol Mobiliztion S%Part B LS 1 $ 8,200.40 $ 8,200.40 B02 Street Excavation SY 660 $ 2 1.00 $ 13,860.00 B03 12"Compacted Subgrade with top 8"Lime Stabilized SY 660 $ 31.00 $ 20,460.00 B04 Lime TON 12 $ 300.00 $ 3,600.00 B05 9"Crushed Limestone Flexible Base(Type A Gr.1- SY 660 $ 43.00 $ 28,380.00 B06 Prime Coat(0.15 GAL/SY) GAL 200 $ 11.00 $ 2,200.00 B07 One Course Surface Treatment Underseal(Asphalt Bi SY 660 $ 8.00 $ 5,280.00 B08 3"HMACP(Type D)Surface Course SY 1280 $ 34.00 $ 43,520.00 B09 6"Concrete Driveway SF 360 $ 15.00 $ 5,400.00 B1S REFL PAV MRK TYC HEATAPPLIED PREFAB PREFORMED THERMOPLASTIC(W)(ARROW)(12S MIL) EA 3 $ 400.00 $ 1,200.00 B16 REFL PAV MRKTYC HEATAPPLIED PREFAB PREFORMED THERMOPLASTIC(W)(WORD)(125 MIL) EA 1 $ 500.00 $ 500.00 B18 REFL PAV MRK TY I(Y)4"(SLD)(DBL)(090MIL) LF 320 $ 2.00 $ 640.00 B19 REFLPAVMRKTYI(W)8"(SLD)(090MIL) LF 130 $ 2.00 $ 260.00 B21 TY I-C Raised Pavement Marker(Reflectorized) EA 7 $ 8.00 $ 56.00 B22 TY II-A-A Raised Pavement Marker(Reflectorized) EA 34 $ 8.00 $ 272.00 CO 1.1 Demo Driveway SF 360 $ 5.00 $ 1,800.00 001.2 3"Mill And Overlay SY 620 $ 59.00 $ 36,580.00 Total $ 207,180.20 Exclusions: Common fill/topsoil, anchor bolts, utilities and conduit/piping; Windstorm Engineering/Certification; TxDOT Traffic Control; Fencing (temp and permanent), Materials Testing, Permits, Repair/relocation to unknown underground utilities; Disposal of any contaminated materials; any work not specifically stated above. City of Corpus Christi JE Construction Services Date: Date: Print: Print: Signature: Signature: JE Construction Services Project Name: Long Meadow Drive Project Number: 18030A Submittal Name: Traffic Control Plan Specification Section:025802 Date: 9/7/2022 To: Geoffry Mayer, City of Corpus Christi From: John M Gonzalez JE Construction APPWWD AS SOW"= Contractor's Stamp: Q APPROVED AS NOTED 0 REVW AND RESUBMIT THI5 STAMP CERTIFIES THAT J.E. COWMkCTION SERVICES HAS REVIEWED rHIS SUBMITTAL FOR GENERAL CONFORMANCE WITH THE CONTRACT DOCUMENTS ONLY IT NEITHER OVERRIDES NOMI SUPERCEDES ANY OF SHE REQUIREMENTS AS SET FORTH BY THE DRAWINUS OH SPECIFFCATiONS J-L CONSTRUCTION SERVICES By J M G DATE. 9/7/22 .40e N 18030A SUBMIT-IAL TCP Arch/Engineer Stamp: 7505 Up River Road Corpus Christi,Texas 78409 Off: 361.289.2901 Fax: 361.289.2904 REQUIRED TRAFFIC CONTROL SIGNS TRAFFIC CONTROL PLAN- PHASE 1 NARRATIVE/NOTES A ++.o LENC—ERA 11 NI TERM �NPILIINIPSY,xE OL"APTEA LINE,��-�ry„.EORPLOAx n.�,.a,.x,1. E.A<A TOETreEFILIE� ---_ .. 1,11-IL NIONN-I'll ERNAL1111RAP.'HE 1EN11-1—L PaoPEa'P<,,aE EN—,FIAFTQPFRIL, RDAD ROA DETauR ENDTZATETP� FEE" r WDRK CLOSED ANEAD 1HSL ,aun�IarvEs.N—LN-111 or'IF acawaco cwxNEunxc IF-Es. D Bono woeK� SITE nW ANEAD - u XX�• x 4e x,a• �p�_ ,o is Aap O O O 18•%i4•O - e siexs sun or corvsrauc,iory eccEss cooamw,iory is nso aEouiaEo. sc - °E`r"uii`EET IIIE3 ExAT reE P�ATEo AE Ereo„N.�.APPrea..�Ta Eery TPo<�N�. 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SEE STEEL 3 of J FOR OCP EOR yr O ' f- �l . :r"a� 12 wows AT ns nlEEoeores T N E o IF 1 TORARI arc SIGNAL �czo e,4e aao _ xr c: °' w o + . SURES/DESION A TRAFFIC ALONG G ! Ge 4 _ H 3 MEaoow REFER o AaTFc scNAL SHEETS By OTHERS SEE NOTE ,p 2 FIGNE %an°) O s ROAD WORK PO159 - NEXT Z MIII LE♦ PHASE? (LOCATE ARmox bO' \. PORTABLE CHANGEABLE MESSAGE BOARD MESSAGES As SHOWN m0Y RN9:cna1 - kf*... 'g, C I - �rNc mem�cm. mnmcrc.aa, SIGN SPACING(TYPICAL) CONST QNB LONG : sFzzFZOzz N. LONG MEADOW DR 120 MIN. ONE WAY MEADOW PECALNGMEEIGVJ-1 NON ANOTIA DR.=1 120 1 4 1_ Si.ANDREWS 120MIN. /�4T_-h ry EE SWITCR CLOSED SARATOGA BLVD.=320'MIN. "aurzSTRi (SONE SPACINGS MAY NOT BE SHOWN TO SCALE) BEGINNING SEEK TOf1.L TT,7 LIE_A ,aP ar PreaP...DreDrenEE DAY ALTERNATE Of [DATE] ROTE PHASE 2 TYPICAL CONSTRUCTCN SECTON Im TN Au vas vuu!E TAM AT A IM ATR =1"I"W114 WIN mE.RN S.NINL NEEP TIE NTSE Sn C SIOEV IN M RIE 90E D NIS E.MC srr�Er Ixrncr w1E 12 4 CRISIMMING nE aMER 90E R�10R.4B"x 94' END 5 MATRAcrm NWL PEACE o w/rvPE a BPRRicPDE - $ Aq ROAD WORK�O� E •offs E •9ceNix(Ill4➢.aff S,IT cern FTR FN 2 „ 13 �l,{ 9ce 9fN5•(R9 10 SIOXA Ar y AVAV Ffl1ESmW15 EASLY ILce559E EARNS AOtaSS ME $ STMT ISBN Al Al STEER d ENS1IN0 tlll8 tlM55 nAHP IALAnOnSI nR uXE RE-IN AREA _ IXnFffC11GX \ g�"L �+ w 29 DURING PHASE 1 7, , noon Y. ,RL,F1➢PAdAAE, =IALNEPEBAB-0 ONW5PAR=AT Sa' rMkFNo N .,..,y A.` _. W/TYPE II BARRICADE _ DETAIL 1-TYPICAL SIDEWPII(CLOSURE41'1 41 •' u�t Ej y o / p ,yd 48- 0 9 Rano {{{� - R A, WDRN aAcan� nnEaD -- az 13 W/TEPT III APARe CBEs 1(sl "� (�----*- '- f END +; oNE LANF � O ROAD d Q RmEcroRlan } sono WEER a°Fno o m ceWEAff Pi z muu T.wxc 1a .. Ns'NA (rArm)�l; cso-z.4e x z4 a 12 ¢ Ce AOMSS INMECTON CLOSED DEFINITION OF TREATMENT ZONES FOR VARIOUS EDGE CONDITIONS FIGURE-1: CONDITIONS INDICATING USE OF �s Edge Height (D) in Inches versus Lateral Clearance (Y) in Feet POSITIVE BARRIER FOR ZONE 5 ( ) inin., in. fi$m 30- 30- 30 g 24 >24 >L4 po,00 �.. © p eQ w 5 >55 w de'f > 2 >2 >2 ° M1�o f•s^e, pan > 1 O. > 1 0 oo mss, m Q > 1 Q v a, 0 10 20 30tt. 0 10 20 30 ft. 0 1 0 20 30 ft. o,o0 0o5rg°iT9 e°sa Edge Condition I Edge Condition II Edge Condition III F� S = (3:1) (or flatter) S = ((2.99):1) to (1:1) S is steeper than (1:1) 0,0o Qoo Trd�c9" o s Lateral ,1 ed�nae 1n 20 25 it ,AF where AOT 's ThpT portion of The 11d,Igd aptly+rpfflc volume asO eogeed poff CIn 20 fee+ tgenerallThtw ad�acen+ r f+h Wpr Thing D.,,,.,.or z �1 K Zone 1r.IYmen+Types Guioeli of the clr opoff cand�i(nonan T is e euro ion Time ein years e om T a a Barrier ¢�, ID NO Tre enY c. Flgure-I ovlde5 p pr p DT l.I l fppproaah To The use of poSltive 4" While Edge Llna ^Q CW S-I�T�dneven Lanes" signs. omerers for T e Dt-t_ ton o ehloles from ppveme nT rop-offs. Edge of renes o aoTor uoh a a presence o M1eavy m phinery,� © LW 8-9a Shoulder Drop-off" cw 9-II signs nsTructlonswor ker=bs orh the m and volume ofo+rpfflc may make d p= keine u r plus vertical panels. e edea a - mai nT ananoe o oondI+�on Alone may no+),srlry Th,use of o dorrer. of Traffl o. 4Q GW0-9p or GW 8-IIS signs p r WI— a any ————————— eoAndedgehs Yo YhpY posiTnve bar ener+end+IDaated wlT hbn The alearf�Dne. T Ipo1 p e DrofereanE age Gond lYlonl]pe SQ Check indioaTlons IFigure-I) for p s7Tive barrier. Where P—rive—ler Is not gTv D 'ndla0ted, The treOT men+shown above for f Zor e-4 may be used If.. consider.Tlon of FACTORS CONSIDERED IN THE GUIDELINES: .r 7. r ds 1 "Eage GandiT ton" 151 0 - f tu:Vl. Etlge Cantlition Nates: The Edge uel gnT s me dept of Tne d op-oft o t 2. pis+an.."X„ 1.Edge Conditi Dn 1:Most v s edgeoonstruated with - am.Tna.a gu eel Inas 1my ce..dated on ine Das gn Division s oDd r dhigh s ed o comoocted material oa Dad le of...DoriIn,vont.les. age o Ione To edge of dropoffe pl IIIdndednIe does not have a minimum. 2.Edge Condition II:Most vtr—rl,In 2.99hto e ns ong e 0 sgsP11 Engineer s Seai 3. In a d I 1 tWUnder-carr ldgestl r 111.TT Pn9oP , for rollover is greater in most vehicles. rty <E�F �2Z ,Tera Department of Transportation or Izo"I ....dTu I'd the wean s 6 nrhe eels 2a �✓ •kH id v pup a do a ou iT Itvp ap s, SU as T a m 5♦ 5S posy ed speetl in Y e--r-11—zone, re pracilaallTy of Yha TrsaT hent opt Ions. 3.Etlge CDn ni-III:Wh-slopes are gr,,dter Th e "D"i •.,} TM1e for of greater Thon 2 1nrnes,a`re d o moy etl } 'v do n'2`° D ... •.•.• ... TREATMENT FOR VARIOUS pndlt�pn- d�cpt�ng me..e ppsitive pr protective derriere pre of drdDerly,re°Ted. affic apps' or Dr e d. Pon dd .dmDID,sere ... given py zone-5 aha Flgure-1. carriers are primarily ioaele tD 2n lnchds different typos or vahid les may er perienoe 0 snapnd PERE high. urhdn d f 3o m les.may different edge neighs.nmomocl les might e d g RueEH.T z�..' EDGE CONDITIONS oral gnt-angled e t 93971 .� h "D" s greener Tnan 2 eom5 l ��cENSE.°:`2v peed Dodd(tons reos with=Deeds o Dn I need for.igning, dellneo+ion, dgBSj Dontr0l m Doe o and odrrters oonrrol d'.rrerem 101 when mode.aha.o t It however, w�Th 'D"grearer man 2 Inches aha Icoared within a lateral off=al of hones. "• M1 nigM1 .n- ,V 6 "'t' e ay ndiaa+e o higher level DF treatment. s gredier�ot .xceeds 5. If T n 3 f may `4 inn es,the Do ssibi Ty of rollover is g adter for-dt veM1i ales. ]r.s _ you r r e A.Milling° n Edge C ai III s pore 812212022 ar,iwD 12 f IOsf um Isea 1—8051gn1, o 21 p dv dd ?ng i �tl these mnditi Dns should not .Ehr.. an edgeeos opo s..h—Edge cond�t on r. da IefT in.Taos for erTended.eriods of Time. Ruben T.Perez,Jr..P.E. Capital Improvement Plan 2022 thru 2024 City of Corpus Christi, Texas Project# 18030 Project Name Long Meadow Dr(St Andrews Dr to Hunt Dr) s Type Recondition/Longevity Department Public Works Useful Life 25 years Contact Director of Public Works @ "= Category Street-Rehabilation Priority 2 Critical-Asset Condition Ojai Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. This project is currently scheduled to begin construction in FY2022 and continue until completed. Schedules maybe adjusted after design is completed or during annual CIP update. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan.This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 1,180,000 1,180,000 Design 301,169 301,169 Storm Water-St. 773,750 773,750 WasteWater-St 418,000 418,000 Water-St. 388,000 388,000 Gas-St. 82,750 82,750 Eng,Admin Other Estimated 25,305 263,121 288,426 Total 326,474 3,105,621 3,432,095 Funding Sources Prior Years 2022 2023 2024 Total G.O.Bond 2018 167,553 1,432,447 1,600,000 Revenue Bonds 158,921 1,673,174 1,832,095 Total 326,474 3,105,621 3,432,095 Budget Impact/Other There is no projected operational impact with this project,at this time. Once the project is completed it will be added to the Street Preventive Maintenance Program. 213 SC �o lh � p'0 F v NoAPoapYE° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of November 15, 2022 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 David Lehfeldt, Director of Solid Waste david l3(a)cctexas.com (361) 826-1966 Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement heatherh3(a)-cctexas.com (361) 826-3227 Professional Services Contract Solid Waste Facility Complex CAPTION: Motion authorizing a professional services contract with SCS Engineers, Houston, Texas, to provide conceptual design, process design, and permitting services for a new Solid Waste Facility Complex that includes a transfer station, and crew quarters/administration building, and fleet services complex located in Council District 3, in an amount not to exceed $328,050.00, with FY 2023 funding available from the Solid Waste Certificate of Obligation Fund. SUMMARY: This motion authorizes approval of a professional services contract to provide solid waste permitting services and conceptual layout for the proposed transfer station, crew quarter/administration building, and fleet services complex. Additional services include assistance with addressing Texas Commission on Environmental Quality (TCEQ) administrative and technical comments, TCEQ permit public hearings, and meetings with the Coastal Bend Council of Governments,which is tasked with conducting regional planning for its membership of thirty-three cities and eleven counties. This contract represents Phase 1 of work including conceptual design and permitting services to develop the unified Solid Waste Department campus. Phase 2 will include recommendations for the design, bid, and construction of the facility. BACKGROUND AND FINDINGS: The J.C. Elliot Landfill was closed in 2007 and the J.C. Elliot Transfer Station was opened to transfer solid waste approximately 15 miles to the Cefe F. Valenzuela Landfill. The Corpus Christi community utilizes the landfill and transfer station for waste disposal. Due to increasing customer demand for operations, the J.C. Elliot Transfer Station has outgrown its facilities and existing space for expansion is limited. The Solid Waste Department has proposed the development of a unified Solid Waste Facility Complex to meet both the City's and residents' growing needs. The proposed unified Solid Waste Facility Complex consists of three major projects: a transfer station, a crew quarters building, and a fleet services facility that will include both parking infrastructure and a fueling facility. City staff has achieved several important milestones in the development of this project, including City Council approval in August 2020 to purchase 92 acres of farmland adjacent to the current J.C. Elliott Transfer Station. Over 270,000 customers used the transfer station in FY21. With growing traffic in the transfer station, a new facility is needed to efficiently handle all residential and light commercial waste in the city. The facility does not have walls, resulting in scattered trash from weather conditions such as the wind. The new facility will allow the City to incorporate tire shredding, glass crushing and freon recovery into our waste processing capabilities, reducing the need to rely on third party contractors. For FY22, the Solid Waste Department budgeted and approved 189 full time positions. Solid Waste collection crews are currently housed at a small City facility located at 2525 Hygiea Street. This facility has not received any improvements since its construction in 1973. The current building and restroom/locker facilities are unable to accommodate the increase in employees. There is only one female restroom facility and one male facility in the building. To supplement the need for additional facilities, the department has placed a porta potty outside the building. In addition, the current Solid Waste office is co-located with Public Works (a portion of which is sinking and has become unsafe), causing Public Works and Solid Waste to rent temporary office space to accommodate employees. The Solid Waste Department has a mixed fleet of refuse collection trucks, brush trucks, light trucks, heavy construction equipment, roll off trucks and over the road tractor/trailer combos. The number of units will grow annually as the department develops the facility and service demands increase. To achieve the requirements mentioned, this project will be completed in two phases: Phase 1 will include transfer station permit or registration application, appropriate for TCEQ authorization. This phase of the project will also include development of conceptual layout of the Facility considering entrance location, traffic, truck queuing at the gate, scale details, the conceptual building layout for the transfer station/crew quarter building, fueling area, maintenance area for hauling vehicles, and potential site obstacles such as floodplains, wetlands, easements, pipelines, Cabaniss Airfield proximity concerns, and powerlines. Phase 2 of the project will be presented to Council at a future date to include development of detailed plans and specifications for construction, construction cost estimate, construction bid administration and construction phase services. PROJECT TIMELINE 2022 - 2023 2023 - 2024 November - August August - April Permitting Conceptual Facility Design Projected schedule reflects City Council award of phase 1 design services in November 2022, with conceptual design, and permitting completion anticipated in April 2024. The project schedule is dependent on a timely issuance of Notice to Proceed and is based on estimated time periods for TCEQ review and response. Phase 2 will commence after the completion of Phase 1. COMPETITIVE SOLICITATION PROCESS: SCS Engineers was selected for the Professional Engineering Service in March 2021 under RFQ 3409, Capital Improvement Projects 2020-2021, Public Health and Safety. SCS Engineers is one of nine firms that submitted qualifications for this project announcement. The RFQ selection committee consisted of representatives from Solid Waste Department, Asset Management Department, Engineering Services, and the Executive Leadership Team. On March 15, 2021, the RFQ selection committee conducted interviews for the top two firms that were recommended by the evaluation committee. Firms were ranked based on five factors: 1) firm's experience and qualifications; 2)team's experience and qualifications; 3) understanding of project scope based on understanding of scope of services, ability to maintain schedules, cost, and quality controls. SCS Engineers has 50 years of experience as an environmental engineering firm. SCS has been assisting several communities throughout Texas, like Cities of Brownsville, Beaumont, Dallas, Denton, EI Paso, Lubbock, Killeen, Odessa, Nacogdoches, New Braunfels, Port Arthur, Temple, and Waco on various recycling and solid waste projects. SCS Engineers have previously completed the Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements - Cells 1 B/1 C project for the City. ALTERNATIVES: The alternative is to not approve the proposed professional services agreement; however, the Solid Waste Facility Complex is an approved project in the Solid Waste Department CIP for FY 2022, and it will cause a delay in the development of the unified Solid Waste Facility Complex if this professional services agreement is not approved. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of $328,050.00 with funding available from the Solid Waste Certificate of Obligation Fund. FUNDING DETAIL: Fund: SolidWst2021TCO (Fund 3373) Mission Elem: Maintaining Solid Waste Facilities (031) Project No.: Solid Waste Facility Complex (21007) Account: Design (550950) Activity: 21007-3373-EXP Amount: $328,050.00 RECOMMENDATION: Staff recommends approval of the professional services contract with SCS, in an amount not to exceed $328,050.00 for Solid Waste Facility Complex. The phase I design will begin in November 2022 with estimated phase design completion in April 2024. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Evaluation Matrix Contract CIP Page PowerPoint M", " �, ro • � . Sq� N P r�Cq SCALE: N.T.S. J.C. ELLIOT TRANSFER STATION 1 co PROJECT LOCATION CABANISS FIELIle D NOLF y 10 co Ir 'v � i"a•... xe"• a w m w � —t I, • ��" .. %� � —haw. u4a,� Aa., , r AERIAL MAP , NOT TO SCALE PROJECT NUMBER: 21007 CITY COUNCIL EXHIBIT dl SOLID WASTE FACILITY COMPLEX CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES m N SCALE: N.T.S. o � � Doyle Q ortland NUECES RAVER NUECES BAY c oRR�R z o CORPUS CHRISTI SHIP C � mop LEOPARD O a i as s CORPUS CHRISTI O �Wi 256 INTERNATIO F AIRPORT v MpRO PROJECT LOCATION 9 r ° yM A TEXAS A&M UNIVERSITY S'OkY CORPUS CHRISTI 358 CABANISS �y Z OSD BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION as ° p° FLOUR BLUFF e r 358 266 ] � _(♦ a�44 4 Qac, o pr � 4 Q- 2aa4 Rio VP ars 0 VICINITY MAP NOT TO SCALE PROJECT NUMBER: 21007 CITY COUNCIL EXHIBIT �y SOLID WASTE FACILITY COMPLEX CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Proposal Evaluation SCS Tetra Tech Turner/Ramierz Rit ter Engineering Architects Gignac CLK Solka NT Ardurra Dykema MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass Pass Pass Pass Pass Licensing/Certification V c9 c9 No material lawsuits during Iasi 5 years V c9 No material regulatory issues Iasi 5 years V c9 References Provided for firm V c9 TECHNICAL PROPOSAL (50 PTS) 47 46 39 35 36 34 33 31 31 Firms'Experience(15 pis) 14 15 12 10 9 10 9 9 8 Team's Experience(15 pis) 15 14 12 11 11 11 11 10 10 Understanding of Project Scope(20 pts) 18 17 15 14 16 13 13 12 13 INTERVIEW(50 PTS) 47 46 0 0 0 0 0 0 0 Firms'Experience(15 pis) 15 14 Team's Experience(15 pis) 14 14 Understanding of Project Scope(20 pis) 18 18 Total 94 92 39 35 36 34 33 31 31 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas m, Project# 21007 �....._ .�. .-. Project Name Solid Waste Facility Complex ..- Type Improvement/Additions Department Solid Waste " Useful Life 40 years Contact Director of Solid Waste Category Site Improvements Priority 1 Critical-Health&Safety Status Active Description An Administration Building to provide offices,meeting space,filing and storge areas,and employee lockers for 170 employees. The transfer station requires 3 load out bays,adequate queuing lanes for customers and sufficient area to process all of the trash received daily within the enclosed building. Sufficient parking area is needed for vehicles and equipment used in the collection and transportation of Solid Waste,with diesel,gasoline and CNG fueling facilities. New solid waste facility will replace the existing Solid Waste facility at 2525 Hygeia Street,and provide adequate square footage to accommodate administrative functions and to support field activities for 170 Solid Waste personnel. Construction will include parking for 120 mid size to large collection and haul vehicles,a 1200 tons per day transfer station and 200 space ,employee parking. Justification The current administration building does not provide the required space needed by the employees. It is shared with the Street Department and additional space is not available. This results in employee meetings held outdoors in the elements,fragmentation of important department services in portable buildings,and management offices that are inadequate. One third of the building has a floating floor that is sinking,causing the walls to crack and posing dangers for our employees and recurring sewage problems.Customer demand has outgrown our current Transfer Station,resulting in blowing trash,long lines,poor traffic flow,unsightly and inadequate recycling facilities,safety concerns,and a Household Hazardous Waste facility that is outside in the weather. Due to the physical constraints the transfer station staff is unable to move all of the trash to the landfill on a daily basis,causing trash to be stored on site. The stored materials creates a vector problem,attracts birds and poses a fire hazard. Customers experience long lines and extended waits. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 3,875,482 14,836,500 18,711,982 Design 2,220,000 2,220,000 Eng,Admin Reimbursements 600,000 1,100,000 1,700,000 Total 6,695,482 15,936,500 22,631,982 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation (Prior) 6,695,482 6,695,482 Certificates of Obligation(New) 15,936,500 15,936,500 Total 6,695,482 15,936,500 22,631,982 Budget Impact/Other There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budget to maintain these improvements. 152 SCS ENGINEERS Environmental Consultants & Contractors October 25, 2022 Proposal No. 160008221 Mr. Nate Woldesenbet 1201 Leopard St. 3rd Floor Corpus Christi, TX 78401 Subject: Revised Proposed Scope of Services Phase 1-Transfer Station Permitting and Conceptual Facility Design Services City Project Number 21007 - Solid Waste Facility Complex Bond 2020 Facilities and Parks & 2021 CIP Projects RFQ No. 3409 Dear Mr. Woldesenbet: Attached is our revised proposal for the subject RFQ for the Solid Waste Facility Complex. Per our discussions with City staff, this scope is the first phase of the overall work and includes the critical path items of the solid waste permitting for the transfer station and the conceptual design of the overall facility. The complete project will involve the final design for bidding and construction purposes, bid support services, and construction-phase services. At this time, however, the conceptual layout must be prepared and approved as part of Phase 1 so that a scope for the detailed design, bid and construction-phase services can be reliably developed to reflect the level of effort needed. Also, as discussed the solid waste permitting and approval for the transfer station is a long-lead item that should be commenced early in the overall process. The transfer station permitting does not require a detailed transfer station layout and, as such, is included with our Phase 1 services as well. We look forward to working together on this important project for the City. Please do not hesitate to contact Jeff Reed, P.E., Vice President, at the address below, at (817) 358-6159, or at JeffReed@SCSEngineers.com with any questions or if you require any additional information. Sincerely, Z * 161ul Chad Ellinger, P.E. Jeffrey K. Reed, P.E. Project Director Vice President/Texas Engineering Offices Director SCS Engineers SCS Engineers TBPE#F-3407 Attachment 12651 Briar Forest Drive, Suite 205, Houston, TX 77077 1 281.293.8494 Solid Waste Facility Complex- Prof. Engineering Services Bond 2020 Facilities/Parks & 2021 CIP Projects — RFQ 3409 Proposal for Preliminary Phase - Phase 1 Transfer Station Permitting and Conceptual Facility Design Services City Project Number 21007 - Solid Waste Facility Complex CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361 ) 826-3500 SCS ENGINEERS <q! HANSON Proposal No. 160008221 1 May 2021 Revision 3 October 2022 4501 Gollihar Road 12651 Briar Forest Drive, Suite 205 Corpus Christi, Texas 78411 Houston, Texas 77077 (361) 814-9900 (281) 293-8494 Table of Contents Background............................................................................................................................................2 Task 1 - New Transfer Station Application............................................................................................3 Task 2-Conceptual Facility Layouts......................................................................................................7 Subtask 2.1- Project Kickoff, Data and Operations Review...........................................................7 Subtask 2.2 -Concept Plan Development........................................................................................7 Subtask2.3-Summary Report.........................................................................................................8 Task 3 -Additional Services Tasks........................................................................................................9 Subtask 3.1 - Address TCEQ Administrative And Technical Review Comments Regarding New Transfer Station Application............................................................................................9 Subtask 3.2 - TCEQ Newspaper Notices Assistance......................................................................9 Subtask 3.3 - Public and COG Meetings Assistance ......................................................................9 Scheduleand Fee.................................................................................................................................10 Assumptions.........................................................................................................................................11 Appendix A- Fee Schedule Solid Waste Facility Complex-Transfer Station www.scsenaineers.com Permitting and Conceptual Facility Design BACKGROUND The City of Corpus Christi Engineering and Solid Waste Services Department have a vision of creating a unified campus (Facility) to serve the needs of the Solid Waste Department. This Facility, to be located on an 89.64-acre (per land title survey provided) property adjacent to the J.C. Elliott Landfill/Transfer Station, may include: a transfer station, an administration building, and a fleet services facility that will include both parking infrastructure and a fueling facility. This overall project, as identified in the RFQ 3409, will include the remaining three components and will occupy portions of the eastern side of the property. Each of these three components is an important part of the City's vision for the new Solid Waste Department complex and each will bring its own challenges to permitting, design and development. It will be important to determine the best fit for these facilities within the useable limits of the property as well as to optimize the functionality of all of the complementary infrastructure and operations. ilk There will be many siting criteria to take into consideration p when determining the ideal layout for the Facility. Some of these are: traffic flow, including attention to public accessibility; floodplain issues; Texas Department of Transportation (TxDOT) driveway location restrictions; visual Mock Layout of Solid WasteFacilitiesscreening; stormwater detention requirements; and Naval (from 8/18/20 Solid Waste Services) Air Station Corpus Christi Joint Land Use Study considerations; among others. The SCS Project Team has extensive experience in leading clients through the process of addressing various site restrictions posed by a specific location in order to bring a project's vision to reality. An additional value provided by us is that Hanson, as part of the SCS Team, will be performing a constraints analysis on the entire property to examine many of the concerns mentioned above. This proposal covers the first portion of our overall services for this work, which we have labelled as Preliminary Phase - Phase 1. For this portion of the work we will prepare a transfer station permit or registration application for review and approval from the Texas Commission on Environmental Quality (TCEQ). A second task of this phase is included to prepare the conceptual layout of the Facility considering: the entrance location,traffic considerations,truck queuing at the gate, scale details,the conceptual building layout for the transfer station/administration building,fueling area, maintenance area for hauling vehicles, and potential site obstacles including: floodplains, wetlands, easements, pipelines, Cabaniss Airfield proximity concerns, and powerlines. The ultimate Scope of Services authorized under this contract will encompass not only the Scope of Services described as Phase 1 services as follows, but will also eventually encompass detailed design of the transfer station,administrative building, maintenance and fueling areas,truck parking,entrance and exits to the property for construction, bid assistance and construction-phase services as part of Phase 2.Atthis time, however,the conceptual layout must be prepared and approved as part of Phase 1 so that a scope forthe Phase 2 services can be reliably developed to reflectthe level of effort needed. As we approach completion of Phase 1, as described herein, we will provide a Scope of Services,fee estimate, project schedule, and list of deliverables associated with Phase 2 for review and approval by the City. Solid Waste Facility Complex—Transfer Station www.scsenaineers.com Permitting and Conceptual Facility Design 2 TASK 1 - NEW TRANSFER STATION APPLICATION Task 1 of the Phase 1 services is for the preparation of a Type V permit or registration application for a new Municipal Solid Waste (MSW)transfer station for the City's submittal to TCEQ depending on the permitting strategy developed and discussed with the TCEQ. Whether the application is a permit or a registration,the components within either application described in this subtask are the same. The permitting mechanism is an important consideration in any new or expanded existing MSW facility, whether landfill or transfer station. For a transfer station, a new facility can be registered or permitted. The single most significant difference between a registration and a permit is a registration is not subjectto a contested case hearing.Acontested case hearingcanjeopardize a viable project or extend the time from months to years for TCEQ approval. In many instances, a registration can provide the shortest pathway to regulatory approval. A new transfer station can be registered if it meets certain criteria, such as being located within the permit boundary of an existing landfill under 30 TAC 330.9(b)(4). Adjacent to the new transfer station property is the existing J.C. Elliott Landfill. In order to take advantage of the above registration criteria, the landfill permit boundary would need to be expanded to incorporate the land upon which the new transfer station will be located. Expanding the landfill permit boundary would require a notice modification of the landfill permit under 30 TAC 305.70(k)(7). It is recommended a meeting with TCEQ at the outset of the project be conducted to discuss the above plan. If the TCEQ concurs,the landfill permit will require a modification in addition to the new transfer station registration. If this strategy is not employed,the permit option exists. The new transfer station application would be for a permit. This would potentially subject the application to a contested case hearing process. Lastly,there is no viable mechanism to amend the existing transfer station.Since this is a new building in a new location on different property, the TCEQ would consider this a new facility and it will be assigned a new permit or registration number. This application will primarily incorporate the acceptance of municipal solid waste, including solid waste resultingfrom or incidental to municipal,community,commercial, institutional,and recreational activities, including garbage, rubbish, ashes,street cleanings,dead animals,abandoned automobiles, and all other solid waste other than industrial solid waste. MSW transfer stations may also accept industrial solid waste, defined as solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operation. This task assumes that regulated hazardous wastes and radioactive wastes will not be accepted except for hazardous wastes from conditionally exempt small quantity generators, and that special wastes may be accepted. The conceptual layout for the entrance, traffic patterns and transfer station building for use in the application will be developed in Task 2. The application will include the following: • Submittal Letter • TCEQ Core Data Forms • TCEQ Type V Facility Checklist • TCEQ Part I Form Adjacent landowner list and map (1/4-mile radius) • Part Vill in accordance with 30 TAC 330.59 and 330.61 (Parts I and II are typically Solid Waste Facility Complex-Transfer Station www.scsengineers.com Permitting and Conceptual Facility Design 3 combined): Supplemental Technical Report Existing Conditions Summary Waste Acceptance Plan Impact on Surrounding Area Transportation Study (desktop road volume study, assumes no roadway upgrades or other design and notifications necessary) Geology and Soils Statement(no borings or studies proposed) Groundwater and Surface Water Study (conduct regional based desktop search for hydrogeologic and surface water information, no additional studies proposed) Abandoned Oil and Water Wells Study (conduct desktop search for oil and water well information) Floodplains and Wetlands Statement (Proposal assumes no Floodplain; Wetlands investigation provided by others under separate contract) Endangered or Threatened Species (provided by others under separate contract) Historical Commission Review (a letter request for review only, no studies proposed) Council of Governments and Local Government Review Request Location Restrictions (Subchapter M) - Easements, Buffer Zones (50 feet) and Rights-of-Way - Airport Safety - Floodplains - Groundwater (Edwards Aquifer, Not Applicable) - Endangered or Threatened Species - Wetlands - Fault Areas - Seismic Impact Zones - Unstable Areas - Coastal Areas - Type I and IV Landfill Permit Issuance Prohibited (Not Applicable) Legal Description and drawing (legal description and drawing for TS permit boundary provided by others under separate contract) Applicant's Statement Property Owners Affidavit Applicant's Appointment and Legal Authority Engineer's Appointment Evidence of Competency Adjacent and Potentially Affected Landowners Figures, Including - General Location Map - County Highway Map - Topographic Map - Land Use Map - Aerial Photograph (obtained from Google Earth) - Landowner Map - Airport Map - Floodplain Map - Geology Map - Seismic Impact Zone Map - Facility Layout Maps (Conceptual level layouts developed in Task 2) Permit Related Correspondence, Including Solid Waste Facility Complex-Transfer Station wvwv.scsengineers.com Permitting and Conceptual Facility Design 4 - TxDOT - Texas Historical Commission - TCEQ Water Quality - Federal Aviation Agency - Local Council of Government - U.S. Corps of Engineers - Texas Parks and Wildlife - U.S. Fish and Wildlife • Part III in accordance with 30 TAC 330.63: Site Development Plan: - Introduction - Solid Waste Data - Facility Access - Facility Waste Movement and Design - Facility Sanitation - Water Pollution Control - Endangered Species Protection - Surface Water Drainage Report - Flood Control Analyses - Waste Management Unit Design - Geology Report (not required per TCEQ) - Groundwater Sampling and Analysis Plan (not required per TCEQ) - Landfill Gas Management Plan (not required per TCEQ) - Closure Plan - Post-Closure Plan (not required per TCEQ) - Cost Estimate for Closure and Post-Closure Care (Subchapter L) Attachment 1,Site Layout Plan: - Facility Design Features (2 drawings) - Schematics with Flow Chart Attachment 2,Surface Water Drainage Plan Attachment 3, Closure Plan Attachment 4, Cost Estimate for Closure • Part IV: Site Operating Plan Prepare Operating Plan to conform to 30 TAC 330 Subchapter E, Operational Standards for Municipal Solid Waste Storage and Processing Units regulations, including: - Waste Acceptance and Analysis - Facility Generated Waste - Contaminated Water Management - Storage Requirements - Approved Containers - Citizen's Collection Stations - Requirements for Stationary Compactors - Pre-Operation Notice - Recordkeeping and Reporting Requirements - Fire Protection - Access Control - Unloading of Waste - Spill Prevention Control Solid Waste Facility Complex-Transfer Station www.scsengineers.com Permitting and Conceptual Facility Design 5 - Operating Hours - Facility Sign - Control of Windblown Material and Litter - Materials Along the Route to the Facility - Facility Access Roads - Noise Pollution and Visual Screening - Overloading and Breakdown - Sanitation - Ventilation and Air Pollution Control - Health and Safety - Employee Sanitation Facilities SCS will require a site boundary description and topographic map for the entire property. We understand this will be prepared separately by others under a separate contract. In addition, we'll require a metes and bounds description and boundary map for the transfer station permit or registration boundary signed and sealed by a Registered Land Surveyor. We understand this will be prepared separately by others under a separate contract. The transfer station vehicle routing, and building layout,design and details will be developed in close collaboration with the City.The application will include schematic, conceptual plans and details. We will provide draft applications for review at two milestones; one at 60% and one at 90%. For each draft,we will prepare 2 draft copies of the new transfer station application package forthe City's review and comment. Upon receipt of the City's comments to the 90% draft, we will finalize the application and submit 7 copies of the permit application: 2 copies for the City, 4 copies for the TCEQ, and 1 copy for the City to locate at a publicly accessible location for review and copying by the public (i.e.: a local library or City Hall). Our fee includes one in-person or Zoom meeting with the City and TCEQ at initiation of the project to inform TCEQ of the project and discuss strategy for permitting/registering the new transfer station. Additionally, we have also included three meetings in this subtask, one at the beginning of this task as a kickoff (in conjunction with the Task 2 services), one at 60% and another at or near the 90% complete stage. We will prepare a scanned .pdf file of the permit application and will post the files on SCS's State Required Posting web site. Subtask 1.1 Deliverables: 1. 60 and 90%Draft Permit Applications for review by the City 2. Permit Application for Administrative Review by TCEQ 3. Permit Application for Technical Review by TCEQ Solid Waste Facility Complex-Transfer Station www.scsengineers.com Permitting and Conceptual Facility Design 6 TASK 2 - CONCEPTUAL FACILITY LAYOUTS Task 2 covers the preparation of the conceptual facility layouts. We have three subconsultants that will be working with us on this project. Hanson will provide civil design services,SNT will be performing architectural services for the office building, and Tait will provide the layout details regarding the fueling facility. Hanson will work in collaboration with SCS, the City, and the other subconsultants to develop a conceptual facility layout that incorporates each of the components that will be a part of the complex, including an enclosed transfer station, an administration building, and a fleet services facility that includes parking infrastructure, minor vehicle maintenance capabilities, and a fueling station for gasoline, diesel and CNG fuels. Hanson will prepare two draft conceptual layouts, and prepare a final conceptual layout based upon the preferred draft option. Hanson will prepare a preliminarystormwater management plan for the final conceptual layout that will address hydraulics and hydrology, stormwater quality, and stormwater detention. Hanson will also prepare a basic cut/fill analysis of the proposed site incorporating the proposed building components and stormwater management channels and ponds. SNT will provide architectural services in support of the conceptual facility and will establish the administration building's organizational layout and room adjacencies. The intent of the administration building design services will be to establish public spaces, work group zones, building access points and the type of support spaces needed for an efficient solution to meet the City's needs. Coordination with the adjacent transfer station building will be made. Tait will serve as the fueling systems designer for the Solid Waste Facility Complex conceptual design. They will collaborate with the City and SCS team members to develop conceptual designs for a fueling facilitythat will include liquid fuels(gasoline,diesel)and CNG. Liquid fuelingfacility considerations will include AST versus USTforfuel storage,storage tank capacity,dispenser locations and configurations, and canopy locations and configurations, among others. Tait will utilize a subconsultant, Morris & Associates,to provide the CNG conceptual design. Each of the subconsultants will work underthe direction of SCS.This work will be performed as further described in the subtasks below. SUBTASK 2.1 - PROJECT KICKOFF, DATA AND OPERATIONS REVIEW For this second task, we will start the conceptual layout design by attending a project kickoff meeting with the City's projectteam and relevant stakeholders(concurrently with the transfer station permitting kickoff meeting). During this meeting the variety of services that are desired to be incorporated into the concept plan will be established. Priorto and followingthis meeting a request for data and reports that will be used to evaluate and size the desired facilities will be provided. In conjunction with this meeting, a site evaluation will be performed to obtain input on planned operations and desired improvements. At the completion of field activities, two conceptual plans will be developed locating the various uses within the Facility. SUBTASK 2.2 - CONCEPT PLAN DEVELOPMENT The development of both conceptual plans will take into account the information we obtain from site personnel, our observations of site operations, and the information/options presented in the project kickoff meeting. Up to two different concepts will be developed for the following Facility uses: Solid Waste Facility Complex-Transfer Station www.scsengineers.com Permitting and Conceptual Facility Design 7 • Transfer station; • Recycling/public drop-off facility; • Maintenance shop; • Administrative building; • Scales and scalehouse; • Fuelingfacility (both compressed natural gas and diesel); and • Employee and equipment parking. As an example forthis portion of our work,a conceptual Administrative building layout will be prepared for review and comment by the City. Based on initial discussions on staff occupancy and amenities, the conceptual layout will establish the building's organizational layout and adjacencies desired in a final design. An approved concept layout will provide direction to the design team for developing a detailed design in Phase 2 of this overall project. The administration building design will take into consideration daily and post-event operations supporting administrative and field operations staff. Support spaces will include typical office environment spaces conducive for an efficient yet flexible design for future modifications as building use may change for future services needed by the Solid Waste Department. We understand that multiple review sessions of the draft concept plans will be necessary to narrow down the projectto a final concept plan. Based on our conversations,we have assumed that two draft plans will be provided for review and comment. We will make the appropriate revisions and narrow these down to a single site concept. Once the final concept has been developed, a summary report that documents this concept will be prepared. Deliverables: 1. Draft Conceptual Layout(s) - up to two concepts 2. Final Conceptual Layout SUBTASK 2.3 - SUMMARY REPORT The summary report, which will be prepared for the final conceptual layout,will establish the basis-of- design. This report will document the different areas of work, the basic assumptions of each feature, and the decisions that were made in the previous tasks. This report will be used in Phase 2 of the overall project to develop the construction/budding documents and will be updated throughout the project as decisions are made and changes to the design occur. Deliverable: 1. Summary Report for Final Conceptual Layout Solid Waste Facility Complex-Transfer Station wvwv.scsengineers.com Permitting and Conceptual Facility Design 8 TASK 3 - ADDITIONAL SERVICES TASKS The following additional services tasks must be authorized by the City prior to the work commencement. These Task 3 subtasks, if separately approved by the City, are proposed to be conducted and billed on a time and material basis. SUBTASK 3.1 - ADDRESS TCEQ ADMINISTRATIVE AND TECHNICAL REVIEW COMMENTS REGARDING NEW TRANSFER STATION APPLICATION This subtask includes the fee for addressing TCEQ administrative and technical Notice of Deficiency (NOD) review comments on the new transfer station application. This includes preparing a scanned .pdf file of any revisions or responses regarding the application and posting the file on SCS's State Required Posting website. Since the complexity and scope of the TCEQ's comments are difficult to estimate,staff time is included in this subtask for typical leve/of comments Subtask 3.1 Deliverables: 1. Prepare an Administrative Review comment response(s) letter and application revisions to TCEQ. 2. Prepare a Technical Review comment response(s)letter and application revisions to TCEQ. SUBTASK 3.2 - TCEQ NEWSPAPER NOTICES ASSISTANCE This subtask is included to assist the City with their preparation of, publishing of, and certification of newspaper notices of the administrative and technical approval of the new transfer station application. When TCEQ issues their administrative approval of the permit application, they will require the City to publish a notice in the local newspaper. This may include an alternative language publication. Additionally, a second publication will be required when TCEQ issues their technical approval of the permit application. Our proposed fee assumes that any fees for newspaper publications will be paid d i rectly by the City. SCS understands the City will complete this subtask but SCS has included staff time in this proposal for minor assistance. Subtask 3.2 Deliverables: 1. Assist City with their preparation of an Administratively Complete notice package. Provide Notice language to City for publication in newspapers 2. Assist City with their preparation of a Technically Complete notice package. Provide notice language to City for publication in newspapers SUBTASK 3.3 - PUBLIC AND COG MEETINGS ASSISTANCE This task is for assisting the City with the preparation of a potential public meeting associated with the project. During the pandemic, public meetings have been held over Zoom calls versus in person. It is unknown at this time which would be required by the TCEQ. Since the nature of the issues are difficult to estimate, this subtask includes limited staff time in this proposal for presentation assistance. If needed, we have assumed one team member will provide backing support to the City at a public meeting. In addition, a presentation regarding the project is sometimes requested by the Council of Governments (or subcommittees thereof) for a transfer station permit application. This subtask includes limitedstafftime forpresentation assistance andattendance. If needed, we have assumed Solid Waste Facility Complex-Transfer Station www.scsengineers.com Permitting and Conceptual Facility Design 9 one team member will provide backing support to the City at a COG meeting. Subtask 3.3 Deliverables: 1. Assist City with public meeting and COG presentation 2. Attend public meeting and COG meeting SCHEDULE AND FEE We will initiate work immediately upon receipt of notice-to-proceed from the City. Our first meetings will be scheduled to conduct a site visit within the first 2 weeks of notice-to-proceed depending on the City's availability. A proposed schedule for the work for key tasks is proposed below in bullet format followed by a graph. • Task 1 can be completed within 9 months from notice-to-proceed pending completion of services from others, assuming a Floodplain Analysis, TxDOT driveway permit and traffic analysis and/or a wetlands permit is not needed. • Additional Services Subtasks 3.1 through 3.3 are anticipated to be completed as needed, but that they would follow the completion of Task 1. • The initial draft conceptual layout(s) will be submitted within 6 weeks of the project kickoff meeting. Upon selection of the conceptual layout of the entire Facility,the conceptual transfer station layout and building plan will be incorporated in the Task 1 new TS application. Task 2 is anticipated to be completed within 3 weeks of receipt of final City comments on the draft conceptual plans and the receipt of all information needed to refine the information into one, final conceptual layout. MONTHS TASK 1.New Transfer Stati on Application t •� t Regarding our proposed fees,Table 1 below shows the proposed fees for the base tasks presented in this proposal.Table 2 shows the potential additional services for City authorization as the need arises. All tasks and subtasks are proposed on a time-and-materials, not-to-exceed fee basis. A copy of our proposed fee schedule is included in Appendix A. Table 1 - Preliminary Phase- Phase 1 Proposed Fees by Task— Base Services 1 New Transfer Station Application i_ $45,,500 $94,030 6COnceptu"IFacility Layouts $103,700 $20,800 03 000 0 $114,830.00 Solid Waste Facility Complex—Transfer Station www.scsenQineers.com Permitting and Conceptual Facility Design 10 Table 2 - Preliminary Phase - Phase 1 Proposed Fees by Task— Potential Additional Services Task # I Task Name 2022 Fee 2023 Fee 3.1 Address TCEQ Comments Regarding New TS Application 0 $44,650 3.2 TCEQ Newspaper Notices Assistance 0 $4,600 3.3 Public and COG Meetings Assistance 0 $14,770 Tota 1 0.00 $64,020.00 Total Project Fee (Base and Additional Services) - $328,050 ASSUMPTIONS We have developed the Scope of Work based on our understanding of the project. The following is a list of assumptions used in the development of the scope of work, schedule and fees for the Phase 1 services: • Survey Services. Others will provide a ground topographic survey with a map, boundary survey, and metes-and-bounds description for the transfer station permit/registration boundary, an adjacent landowner map and list within 1/4 mile of the permit boundary, and drainage, pipelines, and utility easement map within the permit/registration boundary.Others will prepare the ground survey and prepare a topographic map in AutoCad format. Others will utilize a registered survey firm in Texas for this work that has significant experience completing these surveys for solid waste facilities,who will prepare the other surveys and maps. These drawings and lists will need to be included in the permit application. This scope of work is not included in this scope of work but can be included in the next phase of services for this contract. Traffic and Access Road Assessment. Traffic study proposed for Task 1 is for transfer station permitting/registration only and is a limited traffic count study. Road upgrades or additional traffic studies, such as Traffic Impact Analyses, and driveway permits are not included in this scope of work but can be included in the next phase of services forthis contract. In addition,any traffic study needed for other entrances/exits to property, unrelated to the transfer station, is not included in this scope of work but can be included in the next phase of services for this contract. • Wetlands Permitting. Any scope of services related to wetlands is provided by others. However, if needed, SCS could provide a fee estimate for wetlands and waters of the US delineation, coordination with USACE and meetings with USACE, preparation of an individual permit or assist the City with mitigation. If required by USACE,we also can prepare a pre-construction notification (PCN)for submittal of a Section 404 Nationwide Permit application to the USACE to be included in the next phase of services. Endangered Species. Permitting and mitigation of potential endangered species located on the property is not included in this scope of services. However, if requested by the City, SCS could provide a fee estimate for endangered species habitat survey, agency coordination with Texas Parks and Wildlife and US Fish and Wildlife Service. Bird studies are not included in this phase of services. Flood Plain Study or CLOMR. This proposal assumes these services will not be needed for the transfer station permit application. However, if the buildings or other critical facilities on the property are located in the 100-year floodplain, we could prepare a CLOMR to remove said facilities from the floodplain under a separate scope of services included in the next phase of Solid Waste Facility Complex-Transfer Station www.scsenaineers.com Permitting and Conceptual Facility Design 11 services forth is contract. • Preparation of other permit applications or approvals that may be required for the facilities is not included (e.g., TPDES Stormwater Notice of Intent, Stormwater Pollution Prevention Plan required after issuance of MSW permit, Air Permits). • Newspaper publishing will be the responsibility of the City, and newspaper fees will be paid directly by the City. • The City will lead a potential public meeting and/or council of governments (COG) meeting for the new transfer station application. • Preparation for and participation in a Public Hearing for a Permit Application is not included. If required, our project team has significant experience in preparing for and serving as expert witnesses at various legal proceedings, including contested case hearings for solid waste facilities in Texas. • Changes resulting from new regulations. Our team will monitor the evolution of state rules in an effort to avoid an impact on this application. • Construction drawings or technical specifications other than the conceptual drawings are not included. • It is assumed that the City will provide certain items, including: legal description and metes-and -bounds survey showing easements, rights-of-way, etc., for the entire property and evidence of financial assurance. • In the course of interagency review of the permit application, certain agencies may request additional information that requires further study. Given the uncertainty of the need for such additional studies, such studies (e.g., historical, archaeological, land use, etc.) are not included in the proposal. • This property is located in Nueces County. As such, pursuing re-zoning, platting or other local land use approval is not included in this scope of services. • Any permit modifications/amendments contemplated for the adjacent landfill is not included in this scope of work. Technical Assumptions • Easements and right of ways will be provided by the City for the entire 89.64-acre property. • We will designate a permanent benchmark for the transfer station in the application documents. However, the benchmark will not be installed until the construction phase of this contract in Phase 2. • We understand that a constraints analysis, which would identify potential location restriction items of concern is being prepared for the property and will be provided by others. This information will serve as a basis for the layouts and potential impacts to certain facilities. • The City wishes to utilize the existing inbound scales at the existing transfer station site, but upgrade the scalehouse for the new transfer station. • A waterline and sanitary sewer will be provided for the transfer station building, administration building, and scalehouse. • The City requests one inbound and outbound scale with ample passing lanes. • Anticipate a maximum of 2,000 tons per day, or as the waste intake and building can ultimately Solid Waste Facility Complex-Transfer Station www.scsengineers.com Permitting and Conceptual Facility Design 12 support,for the permit application. • The transfer station will include two loading tunnels at a minimum. • The transfer station will include a reinforced concrete floor. • The City wishes to consider a permitting mechanism to potentially expand the permit boundary of the adjacent closed landfill to incorporate the new transfer station boundary as a landfill permit modification and pursue the new transfer station application as a registration. Solid Waste Facility Complex-Transfer Station www.scsengineers.com Permitting and Conceptual Facility Design 13 Corpus Chr s[i Engineering Solid Waste Facility Complex e,I,',r"I" Council Presentation _! November 15, 2022 Project Location Carpus Chr sti Engineering sgRa N N T SCXEKU NIS, °o NS ET NS TRAFERRSTATION i,— PROJECT LOCATION t CABANISS PROJECT LOCATION FLIPPER ZONE --- � .r^ I•.m i� PROJECT NUMBER:21007 PROJECT NUMBER:21 W7 Z WJ Project Scope Cor'pus cr rti Engineering • The project scope includes conceptual design, process design, and permitting services (phase I) for a new Solid Waste Facility Complex. • The proposed unified Solid Waste Facility Complex consists of three major projects: • Crew Quarters/Administration • Transfer Station • Fleet Services Facility (Consolidated parking, fueling and collection fleets) 3 Mock Layout Carpus Chr sti Engineering • The 92 acres will provide enough s, space for the three new projects ry FLEET PARKING The BUFFERZONE µ aye'. new/expanded services will utilize the old Transfer Station building Vision for New Transfer Station The new transfer station will be state of the art and will have architectural and landscaping design elements to provide an attractive appearance from the Cross Town Expressway. Pro'ect Schedule l Carpus Chr sti Engineering 2022 - 2023 2023 - 2024 November - August August - April Permitting Conceptual Facility Design Projected schedule reflects City Council award of design services in November 2022 with anticipated phase I completion by April 2024. Plaque so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for City Council Meeting November 15, 2022 DATE: November 8, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert , CPA, CGFO, Director of Finance and Procurement heather3(a-)-cctexas.com (361) 826-3227 City of Corpus Christi and AEP Texas Streetlight Installation Agreement for conversion of select streetlights to LED fixtures CAPTION: Motion authorizing a fourteen-month streetlight installation agreement with AEP Texas to convert 11,038 existing light fixtures to LED light fixtures for select residential areas across the five districts for a total cost of$1,521,698.68 from the Bond 2018 capital fund. SUMMARY: This agenda item is to execute a service agreement totaling an amount not to exceed $1,521,698.68 with AEP Texas to convert an estimated 11,038 streetlights to LED fixtures. This agreement is the second service agreement in support of the Light-up CC project which is a one and a half year planned conversion of all eligible streetlights across the City, to brighter and more efficient LED lights. BACKGROUND AND FINDINGS: The use of LED technology for streetlights has increased in popularity due to the longer-life spans, better color rendition, brightness, less carbon footprint, and improved energy efficiency compared to other lighting options. As a result, there has been an increased demand from cities to provide LED fixtures as an option to older technologies including longer life span of the lights, better color rendition, better brightness, less carbon footprint & improved energy efficiency compared to existing lighting. Electric power providers are establishing LED streetlight tariffs to support the demand. In June 2020, AEP Texas adopted an LED tariff as an option to cities. The tariff allows replacement of an existing streetlight with an LED fixture if the existing fixture fails at no cost to the City. However, the cost to convert a functioning streetlight to an LED fixture is $137.86. In August 2021, the City initiated a pilot program to upgrade streetlights to LED fixtures as part of the City's plans to rehabilitate Ocean Drive or "Revive the Drive" initiative. A total of 523 AEP owned streetlights along the Ocean Drive and Shoreline Drive corridor between Resaca Street and Ennis Joslin Road were identified and upgraded to LED fixture types. The change in fixture type not only provided better illumination but also provided the City with a total annual savings of approximately $20,500. With the success of the pilot program, the City initiated a program called "Light Up CC — Phase 1" on May 24, 2022. This plan was to change all eligible streetlights across the City from the existing fixtures to LED fixtures. For the first four months of the program, Public Works staff identified 4,125 AEP owned streetlights, that were eligible to be upgraded to LED fixtures. These lights were located within select residential areas in each of the five City Council districts. The service agreement for this first phase was approved by the City Council on May 24, 2022. This agenda item is for approval of the second phase of"Light Up CC — Phase 2". Public Works has identified an additional 11,038 AEP owned streetlights, that are eligible to be upgraded to LED fixtures. These lights would be converted during the next 14 months. Assuming a combined kWh charge of$0.08, the City will have an estimated combined savings per year of$672,000. For the purpose of the street light replacements, the City was broken down into nine (9) zones with the replacements starting in Zone One which is on North Padre Island. Replacements will progress through Zone Nine which is the northwest portion of the City. This systematic approach by AEP provides for the most efficient use of resources and coverage with the new lighting. The installation of the LED fixtures will be done by AEP Texas with the second phase is anticipated to begin in December 2022. As owners of the streetlights, AEP Texas will procure the replacement fixtures and will schedule the resources needed to perform conversion of the streetlights. AEP Texas will advise the City of Corpus Christi on any unforeseen circumstances that might impact the procurement and installation timeline. All work for Phase 1 is estimated to be completed by December 2022, allowing the project to flow into Phase 2. Phase 2 will begin December 2022 and is estimated to be completed by November 2023. ALTERNATIVES: The alternative is to not approve the execution of the Streetlight Installation Agreement with AEP Texas or to approve a modified agreement. FISCAL IMPACT: The fiscal impact of the project is an amount not to exceed $1,521,698.68 for the installation of approximately 11,038 LED streetlights over the next 14 months. FUNDING DETAIL: Fund: 3553 — Street2018 CO Organization/Activity: 18045A3553EXP Mission Element: 051 Project # (CIP Only): 18045 —Street Lighting Improvements Account: 530235 Amount: $1,521,698.68 RECOMMENDATION: Staff recommends approval of this motion authorizing the conversion of an estimated 11,038 existing streetlights to LED fixtures for the remainder of the Light Up CC conversion program. LIST OF SUPPORTING DOCUMENTS: City of Corpus Christi and AEP Texas Streetlight Installation Agreement Price Sheet FAEAS An AEP Company City of Corpus Christi and AEP Texas Streetlight Installation Agreement LED Conversion Project AEP Texas and The City of Corpus Christi have mutually agreed to implement a mass change-out of existing streetlights and replace them with new LED street lighting options offered through AEP Texas' Tariffs. Each streetlight identified will be replaced with an LED light of equivalent wattage range, as noted in the attached chart (Attachment A). It is AEP Texas' intent to start installations in January 2023. This will allow time to order the required lights, schedule appropriate resources and plan other operations associated with the project. If procurement of inventory or scheduling of resources become an issue due to unforeseen circumstances or weather concerns, AEP Texas will advise the City and resume the project as soon as it is reasonably able to do so. All work shall be completed by December 2023 (March 2024, if delays occur). The Corpus Christi LED Conversion project will involve the installation of 11,038 lights in 2023 and 2024 if necessary. The charge to change out each light is $137.86 per light. The total invoice, for this project will be $ 1,521,698.68 ($137.86 x 11,038 lights). The $137.86 covers the cost of the average undepreciated value of existing non-LED light fixtures. AEP Texas will provide the City with an invoice for $ 1,521,698.68 to be payable 30 days prior to commencement of the project. Should AEP Texas incur additional installation costs, the City shall be advised beforehand and grant the additional payment approval prior to the streetlight installations. Change order authority is only up to $50,000 without additional Council approval. Please note that no lights shall be scheduled for installation until AEP Texas receives payment. AEP Texas will hold periodic meetings with the City to provide an update on the status of the project and discuss any issues that arise. The City acknowledges that AEP Texas does not provide street lighting design services and that AEP Texas will only place replacement LED lights where instructed by City, to the extent it can do so consistent with Good Utility Practice. City further acknowledges that the color and light pattern of replacement LED street lights may be different from the light pattern of Customer's existing streetlights. The City recognizes that AEP Texas will conduct its operations in a prudent manner and maintain open communication with the City throughout the course of this project. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in the next annual budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as that determination is within the City Council's sole discretion when adopting each budget. In the event that either party defaults in its performance under this Agreement, the other party may terminate the Agreement by providing the defaulting party with notice in writing of the default and providing 14 days for the defaulting party to correct such default. If the defaulting party does not correct the default within the 14-day period, the Agreement shall be terminated, and the non-defaulting party is released from any obligations under the Agreement yet to be performed as of the date of termination. If the Agreement is terminated prior to completion, AEP Texas shall be entitled to payment in full for all LED lights installed through the date of termination, and the City shall be entitled to a refund of any advanced funds that remain unused by AEP Texas as of the date of termination. Any notice of default under this Agreement must be given by fax, hand delivery, or certified mail with return receipt requested and postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day following the date of postmark if sent by certified mail. Notice must be sent as follows: If to AEP: AEP Texas, Inc. Attn: Vice President, External Affairs 539 N CARANCAHUA CORPUS CHRISTI, TX 78401 If to City: City of Corpus Christi Attn: City Manager 1201 Leopard St. Corpus Christi, TX 78401 Fax: (361-880-3601) This Agreement shall be construed in accordance with the laws of the State of Texas. in the event of a contractual dispute hereunder, the parties do hereby AGREE and STIPULATE that VENUE shall lie in Nueces County, Texas, and such venue shall not be contested or disputed. In the event it shall become necessary for any party hereto to file a lawsuit to enforce this Agreement or any provision herein, the party prevailing in such action shall be entitled to recover, in addition to all other remedies or damages, reasonable attorneys' fees incurred in prosecuting or defending such lawsuit. Acknowledgement for City of Corpus Christi: By: Peter Zanoni, City Manager Date: City of Corpus Christi Authorized Signer Print Name: Attest: Rebecca Huerta, City Secretary Approved as to form: , 2023 Assistant City Attorney for Miles Risley, City Attorney AckRaWjg,Ogq,,ment for AEP Texas Inc.: By: , Robert Black, Vice President Date: External Affairs Authorized Signer Capital Improvement Plan 2023 111ril 2025 City of Corpus Christi, Texas Project# 18045 Project same Street Lighting Improvements Type Improvement/Additions Department Public Works Useful Life 25 years Contact Director of Public Works Category Lighting Priority I Critical-Health&Safety Status Active ° 1 ' Description This project consists of street area lighting improvements converting all 15,163 existing streets lights to LED as part of the Light Up CC initiative. Justification This project will improve the road and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 300,000 1,790,371 2,090,371 Eng,Admin Reimbursements 40,000 40,000 Total 300,000 1,830,371 2,130,371 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation(Prior) 1,830,371 1,830,371 G.O. Bond 2018 300,000 300,000 Total 300,000 1,830,371 2,130,371 Budget Impact/Other 71 It is estimated this project will generate$672,000 annual in energy savings costs in the General Fund once completed. 226 S C�` o� � v NCORPOR 1�'0 AGENDA MEMORANDUM 1852 Action item for the City Council Meeting of November 15, 2022 DATE: October 24th, 2022 TO: Peter Zanoni, City Manager FROM: Michael Murphy, Chief Operations Officer for Corpus Christi Water m ichaelm u r(a)cctexas.com (361) 826-3556 Joint Funding Agreement with the United States Geological Survey (USGS for Automated River Gauging Station Monitoring CAPTION: Motion authorizing an annual renewal of a Joint Funding Agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, for USGS to maintain automated river gauging stations that record stream flows and water quality parameters associated with the Frio and Nueces Rivers and associated tributaries, which is data the City uses daily to manage releases from the City's reservoir system and for water treatment operations, whereby the USGS contributes $28,950.00 and the City contributes $169,350.00. SUMMARY The motion authorizes the City to contribute $169,350.00 to maintain automated river gauging stations along the Frio River, Nueces River, and associated tributaries, which the City uses to record stream flows and water quality information as well as to manage daily inflows and releases from the City's reservoir system. Knowledge of the incoming raw water quality allows the City's Water Treatment Plant Operators to optimize the treatment process, and knowledge of the inflows to Lake Corpus Christi and Choke Canyon Reservoir allows the City's Dam Operators to adjust the downstream releases to protect public safety, maintain as much water as possible in the reservoirs, and protect the integrity of the dams. BACKGROUND AND FINDINGS: The City utilizes the USGS automated river gauging stations to record all inflows and releases in the reservoir system to properly manage the diversion of raw water and health of the reservoir system, in addition to water quality monitoring. To better manage the treatment of water at O. N Stevens Water Treatment plant, the gathering of real-time water quality data from the Nueces River prior to the intake pumps is critical. Streamflow gauges are the primary system used by the City's Dam Operations team at Choke Canyon Reservoir and Lake Corpus Christi to track water levels in and out of the City's reservoirs, which gives the operations essential data to maintain reservoir levels, ensure Dam safety, and provides a means of early flood warning to protect public safety. The contract period is October 1 , 2022, through September 30, 2023. ALTERNATIVES: The alternative would be to eliminate the City's knowledge of inflows and outflows to the reservoir system, lake levels, the City would not know how to plan for raw water diversions and flood mitigation. Knowledge of the incoming raw water quality allows the City's Water Treatment Plant Operators to optimize the treatment process, and knowledge of the inflows to Lake Corpus Christi and Choke Canyon Reservoir allows the City's Dam Operators to adjust the downstream releases to protect public safety, maintain as much water as possible in the reservoirs, and protect the integrity of the dams. FISCAL IMPACT: The motion authorizes the City to contribute $169,350.00 in FY 23 to USGS to maintain automated river gauging stations along the Frio and Nueces Rivers and associated tributaries, which the City uses to record stream flows and water quality information as well as to manage daily inflows and releases from the City's reservoir system. Funding Detail: Fund: 4010 Organization/Activity: 30200 Water Wesley Seale Dam, 30210 Choke Canyon Dam Mission Element: 061 Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of the Joint Funding Agreement with the USGS with a City contribution of $169,350.00 LIST OF SUPPORTING DOCUMENTS: Joint-funding agreement z "T Op Ty United States Department of the Interior O PP �,�`bM A U.S. GEOLOGICAL SURVEY Oklahoma-Texas Water Science Center 1505 Ferguson Lane pc" 'a Austin,TX 78754 July 25,2022 Mr. Esteban Ramos Water Resources Manager City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 Dear Mr. Ramos: Enclosed is one signed scan of our standard joint-funding agreement for the project(s)Oklahoma-Texas Water Science Center Water Resources Investigations,during the period October 1,2022 through September 30,2023 in the amount of$169,350 from your agency.U.S. Geological Survey contributions for this agreement are$28,950 for a combined total of$198,300.Please sign and return one fully-executed original to Kandis K. Becher at the address above. Federal law requires that we have a signed agreement before we start or continue work.Please return the signed agreement by September 1,2022. If,for any reason,the agreement cannot be signed and returned by the date shown above,please contact Douglas Schnoebelen by phone number(210)691-9262 or email dschnoebelen@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request(automated Form DI-1040).Please allow 30-days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s),please contact Kandis Becher at phone number(682)316-5051 or email at kkbecher(a-),usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Sincerely, /Gl'I'ldY79.�r.��/�.�G2GIZQ.2 Timothy H. Raines Director Enclosure 23SJJFATX029000 Form 9-1366 U.S. Department of the Interior Customer#:6000000486 (May 2018) U.S. Geological Survey Agreement#:23SJJFATX029000 Joint Funding Agreement Project#:SJO09ME FOR TIN#:74-6000574 Water Resource Investigations Fixed Cost Agreement YES[X] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2022, by the U.S. GEOLOGICAL SURVEY, Oklahoma-Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of$0.00 (a) $28,950 by the party of the first part during the period October 1, 2022 to September 30, 2023 (b) $169,350 by the party of the second part during the period October 1, 2022 to September 30, 2023 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties.The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW)are subject to applicable USGS review, approval, and release requirements,which are available on the USGS Fundamental Science Practices website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science- practices). Form 9-1366 U.S. Department of the Interior Customer#:6000000486 (May 2018) U.S. Geological Survey Agreement#:23SJJFATX029000 Joint Funding Agreement Project#:SJO09ME FOR TIN#:74-6000574 Water Resource Investigations 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717)established by the U.S. Treasury. USGS Technical Point of Contact Customer Technical Point of Contact Name: Douglas Schnoebelen Name: Esteban Ramos Branch Chief-South Texas Water Resources Manager Address: 5563 DeZavala Road Suite 290 Address: 1201 Leopard Street San Antonio, TX 78249 Corpus Christi, TX 78401 Telephone: (210) 691-9262 Telephone: (361) 826-3294 Fax: (210) 691-9270 Fax: Email: dschnoebelen@usgs.gov Email: EstebanR2@cctexas.com USGS Billing Point of Contact Customer Billing Point of Contact Name: Kandis Becher Name: M. P. Sudhakaran Budget Analyst Water Resources Mgmt Advisor Address: 501 W. Felix Street Bldg 24 Address: 2726 Holly Road Fort Worth, TX 76115 Corpus Christi, TX 78415 Telephone: (682)316-5051 Telephone: (361) 826-3667 Fax: (682) 316-5022 Fax: (361)826-4420 Email: kkbecher@usgs.gov Email: mp@cctexas.com U.S. Geological Survey United States City of Corpus Christi Department of Interior Signature Signatures TIMOTHY TDIIMOTHYIRAINESY RAINES Date:2022.07.25 By _ 16:32:13-05'00' Date: By Date: Name: Timothy H. Raines Name: Title: Director Title: By Date: Name: Title: By Date: Name: Title: CITY OF CORPUS CHRISTI 23SJJFATX029000 City of Corpus Station USGS Christi Total Number Description Funds Funds Funds 001: SURFACE WATER 08194000 Nueces River at Cotulla,TX Full Range Streamflow Station $4,580.00 $11,720.00 $16,300 Precipitation $1,500.00 $1,500 08194500 Nueces River near Tilden,TX Full Range Streamflow Station $4,580.00 $11,720.00 $16,300 Precipitation $1,500.00 $1,500 08205500 Frio River near Derby,TX Full Range Streamflow Station $4,580.00 $11,720.00 $16,300 Precipitation $1,500.00 $1,500 08206600 Frio River at Tilden, TX Full Range Streamflow Station $4,580.00 $11,720.00 $16,300 08206900 Choke Canyon Reservoir nr Three Rivers,TX Reservoir Contents $2,465.00 $5,835.00 $8,300 08206910 Choke Canyon Res.outflow nr Three Rivers,TX Q below Base and Continous Stages $2,850.00 $7,950.00 $10,800 08210000 Nueces River near Three Rivers,TX GWSIP Full Range Streamflow Station $0.00 $0.00 $0 08210500 Lake Corpus Christi near Mathis,TX Reservoir Contents $2,465.00 $5,835.00 $8,300 08211000 Nueces River near Mathis,TX GWSIP Full Range Streamflow Station $0.00 $0.00 $0 08211200 Nueces River above Bluntzer,TX Q below Base and Continous Stages $2,850.00 $7,950.00 $10,800 Precipitation $1,500.00 $1,500 08211500 Nueces River at Calallen,TX GWSIP Full Range Streamflow Station $0.00 $0.00 $0 08211502 Nueces River nr Odem,TX Q below Base with AVM and Continuous Stage $0.00 $13,500.00 $13,500 SURFACE WATER TOTAL: $28,950 $93,950 $122,900 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer,Tx Temp., Cond., pH, Diss. Oxy.,Turbidity Monitor(5-Parm) $0 $43,000 $43,000 08211502 Nueces Rv nr Odem,TX Temp.and Cond. Monitor(2-Parm) $0 $16,200 $16,200 821150305 Rincon Bayou Channel near Odem,TX Temp.and Cond. Monitor(2-Parm) $0 $16,200 $16,200 WATER-QUALITY TOTAL: $0 $75,400 $75,400 LATY OF CORPUS PROJECT USGS CHRISTI TOTAL FUNDS FUNDS FUNDS SURFACE WATER: 00170 $28,950 $93,950 $122,900 WATER QUALITY: 00370 $0 $75,400 $75,400 TOTAL $28,950 $169,350 $198,300 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 15, 2022 DATE: November 7, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Director of Finance and Procurement Heatherh3Ca)-cctexas.com (361) 826-3227 Reimbursement Resolution for Street Reconstruction Projects CAPTION: Resolution relating to establishing the City of Corpus Christi's intention to reimburse itself for the prior lawful expenditure of funds relating to any capital expenditures from the proceeds of tax- exempt obligations to be issued by the City in an aggregate amount not to exceed $3,500,000 for authorized purposes SUMMARY: The City of Corpus Christi is planning on awarding contracts for street reconstruction projects included in the Fiscal Year 2022-2023 Capital Improvement Plan (CIP) prior to the issuance of tax notes planned after the first of the year 2023. This resolution is needed for the City to move forward with incurring capital costs and then to reimburse itself for these costs with tax note proceeds once issued. BACKGROUND AND FINDINGS: The City is planning on issuing tax notes to complete the funding needed for the street reconstruction of Gollihar Road between Greenwood and Crosstown Expressway. This project was included in the 2018 bond, but due to current costs in excess of the original estimates, there is a gap in funding of approximately $3.33M. The City is permitted to award contracts for this project prior to the issuance of the tax notes in order to move forward with the projects. The City plans on issuing the tax notes after the first of the year and will reimburse itself an amount not to exceed $3,330,000 for expenditures with the tax note proceeds. For the City to be eligible for reimbursement of any expenditure incurred prior to the sale of the tax notes, the City must declare its intent to reimburse itself for payments made prior to the tax notes being sold. This action must meet specific U.S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: The alternative would be to reject the reimbursement resolution, but this would prevent contracts from being awarded and delay the award of the contract until the tax notes have been issued. FISCAL IMPACT: Approval of this item will authorize City staff to encumber and spend available streets' cash to award the contract for the street reconstruction project. Once the tax notes are issued, the cash funds will be replenished with tax note proceeds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO ANY CAPITAL EXPENDITURES FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $3,500,000 FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer (1) designing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right- of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs,which are the responsibility of the City's utility system); (2)the purchase of materials, supplies, equipment, machinery, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements; (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects (the Project); and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing obligations in the principal amount of not to exceed $3,500,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 133312260.5 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution maybe relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation,the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 133312260.5 SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] 133312260.5 PASSED, ADOPTED AND APPROVED on this the 15th day of November, 2022. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 15TH DAY OF NOVEMBER, 2022: Miles Risley, City Attorney Signature page to the Resolution S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 15th day of November, 2022, relating to establishing the City's intention to reimburse itself in an amount not to exceed $3,500,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 15th day of November, 2022. City Secretary (CITY SEAL) Signature page to the Resolution S-2 That the foregoing resolution was read and passed on this the 15th day of November, 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED, this the 15th day of November, 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Signature page to the Resolution S-3 SC �o w h �� O F v N6OOPORP11 1852 AGENDA MEMORANDUM Ordinance for the City Council Meeting November 15, 2022 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Gabriel Hinojosa, P.E., Interim Director of Public Works gabrielh@cctexas.com (361) 826-1877 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement Heatherh3@cctexas.com (361) 826-3227 Construction Contract Award Gollihar Road —Greenwood Drive to Crosstown Expressway (Bond 2018, Proposition A) CAPTION: One-reading ordinance awarding a construction contract to Bay, Ltd, Corpus Christi, Texas in the amount of $10,143,242.52 for reconstruction of Gollihar Road, from Greenwood to Crosstown, with new concrete pavement and utility improvements; amending the FY 2023 Capital Budget; located in Council District 3, with funding available from the Street Bond 2018, Storm Water, Wastewater, Water, Gas and short-term tax notes. SUMMARY: This ordinance awards a construction contract with Bay, Ltd., Corpus Christi, Texas for the reconstruction of Gollihar Road from Greenwood Drive to Crosstown Expressway. The existing roadway will be demolished and rebuilt with new concrete pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, RTA improvements, street light improvements, pedestrian improvements, utility improvements to water, wastewater, gas, and storm water. BACKGOUND AND FINDINGS: Gollihar Road, between Greenwood and Crosstown Expressway is classified as an Al Minor arterial roadway and is 0.75 miles in length. This section of the street was originally constructed in 1952 with reconstruction in 1970 and a seal coat in 1994. The roadway width varies from 4- lanes between Greenwood Drive and Prescott Street, and 5-lanes between Prescott Street and Crosstown Expressway. The underground utility systems were installed in 1970, nearing the end of their economic life and require improvements. The project scope includes full depth reconstruction of the existing roadway with a new concrete pavement, driveway approaches, new sidewalks, ADA ramps, new curb and gutter, concrete bus pads, signage, pavement markings, underground utilities for storm water, wastewater, water, and gas. PROJECT TIMELINE: 2019 - 2022 2022 2022 - 2024 October - April May - November December - October Design Bid/Award Construction Project schedule reflects City Council award in November 2022 with anticipated completion by October 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on May 23, 2022, for the proposed Gollihar Road construction project. The solicitation contained two base bids, Base Bid 1 (asphalt) and Base Bid 2 (concrete). On July 20, 2022, the City received four bids for HMAC Pavement and three bids for Concrete Pavement. A summary of the bids is provided below. Bidder Base Bid 1 HMAC Base Bid 2 Concrete 1 Bay Ltd $9,947,848.47 $10,143,242.52 2 Clark Pipeline Services, LLC $12,418,506.13 Not Bidding 3 Haas-Anderson Construction, Ltd $12,427,039.52 Not Bidding 4 JE Construction Services, LLC $12,912,553.80 $13,183,312.60 5 Reytec Construction Resources, Inc Not Bidding $10,739,396.75 Bay Ltd is the Low Bidder for both Base Bid 1 HMAC and Base Bid 2 Concrete.The cost difference between HMAC and concrete is $195,394.05. The project includes 3.27 lane miles of pavement, the concrete pavement is only $59,754/lane mile more expensive than HMAC. Per City Council Policy 28 - Award Guidelines for Arterial and Collector Streets, an award recommendation for concrete pavement is made if the construction cost for concrete pavement does not exceed $125,000/lane mile ($17.75/SY) of the asphalt cost. After review of the received bids, City staff recommends that the City award the construction contract to the Low Bidder — Bay, Ltd., with Base Bid 2 Concrete, in accordance with the City's current policies regarding pavement selection. Bay, Ltd has successfully completed many street projects with the City of Corpus Christi. Some of the recently completed projects include Gollihar Road from Weber Road to Staples Street (E13087), Yorktown Boulevard from Everhart Road to Staples Street (E13096), Holly Road from Rodd Field Road to Ennis Joslin Road (18021 A), Morgan Avenue from Staples Street to Ocean Drive (Bond 2014), and Morgan Avenue from Staples Street to Crosstown Expressway (Bond 2012). ALTERNATIVES: City Council could choose not to award the construction contract to Bay, Ltd. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The item proposes to award a construction contract to Bay, Ltd in the amount of$10,143,242.52 for the reconstruction of Gollihar Road from Greenwood Drive to Crosstown Expressway. The shortfall in the funding for the project will be funded from the issuance of tax notes. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in 2022. The project is ready to be implemented. Fund: ST2020 BD18 P1 (Fund 3556) Mission Elem: Streets (051) Project: 18020A Gollihar Rd - (Crosstown Expwy to Greenwood) Account: Construction (550910) Activity: 18020-A-3556-EXP Amount: $2,474,459.02 Fund: StrmWtr 2023 CIP (Fund 4534) Mission Elem: Storm Water Drainage (043) Project: 18020A Gollihar Rd - (Crosstown Expwy to Greenwood) Account: Construction (550910) Activity: 18020-A-4534-EXP Amount: $1,461,750.30 Fund: WW 2023 CIP (Fund 4259) Mission Elem: Wastewater Collection (042) Project: 18020A Gollihar Rd - (Crosstown Expwy to Greenwood) Account: Construction (550910) Activity: 18020-A-4259-EXP Amount: $786,621.60 Fund: Water 2023 CIP (Fund 4486) Mission Elem: Water Distribution System (041) Project: 18020A Gollihar Rd - (Crosstown Expwy to Greenwood) Account: Construction (550910) Activity: 18020-A-4486-EXP Amount: $1,969,601.00 Fund: Gas 2015 CIP (Fund 4559) Mission Elem: Gas Distribution System (022) Project: 18020A Gollihar Rd - (Crosstown Expwy to Greenwood) Account: Construction (550910) Activity: 18020-A-4559-EXP Amount: $122,746.70 Fund: Street 2023 Tax Notes (3559) Mission Elem: Streets (051) Project: 18020A Gollihar Rd - (Crosstown Expwy to Greenwood) Account: Construction (550910) Activity: 18020-A3559-EXP Amount: $3,328,063.90 Overall Contract Total: $10,143,242.52 RECOMMENDATION: Staff recommends awarding construction contract to Bay, Ltd for reconstruction of Gollihar Road from Greenwood Drive to Crosstown Expressway in the amount of $10,143,242.52, for the concrete pavement with construction duration planned for 22 months from issuance of the Notice to Proceed with construction starting in November 2022 and completed by August 2024. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs (Asphalt and Concrete) CIP Page Power Point Presentation Ordinance One-reading ordinance awarding a construction contract to Bay, Ltd, Corpus Christi, Texas in the amount of $10,143,242.52 for reconstruction of Gollihar Road, from Greenwood to Crosstown, with new concrete pavement and utility improvements; amending the FY 2023 Capital Budget; located in Council District 3, with funding available from the Street Bond 2018, Storm Water, Wastewater, Water, Gas and short-term tax notes. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2022-2023 Capital Budget, adopted by Ordinance No. 032856, is amended to increase expenditures by $3,328,063.90. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Bay, Ltd. in an amount not to exceed $10,143,242.52 for reconstruction of Gollihar Road, from Greenwood to Crosstown, with new concrete pavement and utility improvements. SECTION 3. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 15th day of November, 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Location Map Project Location ANDREWS � ANDREWS LORITTE LORITTE ROSLYN ROSLYN LISMAN TALISMAN PEARSE HORNE m w YALE YALE YALE j 0 O SHERMAN a SHERMAN W HUDSON HUDSON HUDSON 0 00 HARVARD w HARVARD W ROSALIE O HARRIETT HARRIETT •+� ISLLA ~ O O Lu ISLLA <O 2 KAREN a KAREN z BERNANDINO O BERNANDINO wSHIRLEY Q rn MORALES < MORALES GOLLIHAR O R F Z "ry O 8. '•' gh Ll O O w a m a � J Z W W = (� m F H m va' Y W w v DELGADO O m JUAREZ SYCAMORE O MADRID �O BIRCH PROJECT NO. 18020A GOLLIHAR ROAD - CITY COUNCIL EXHIBIT CROSSTOWN ACCESS ROAD CITY OF CORPUS CHRISTI,TEXAS .�:.. .� TO GREENWOOD DRIVE DEPARTMENT OF ENGINEERING SERVICES TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an A,durra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.di-diii July 20,2022 TIME OF COMPLETION:530 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLLIHAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1901 HOLLISTER STREET 7505 UP RIVER ROAD 6229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX]8409 HOUSTON,177080 CORPUS CHRISTI,TX]8409 CORPUSCHRISTI,TX]8409 CORPUS C HRISTI,1 8467 ITEM DESCRIPTION QTY. UNIT UNIT PRICE I AMOUNT UNIT PRICE I AMOUNT UNIT PRICE AMOUNI UNIT PRICE AMOUNI UNIT PRICE AMOUNT BASE BID NO.2-CONCRETE PART AA-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) AA1 Mobili-tion(5%Max.Part A) 1 LS $ 20,000.00 $ 20,000.00 $ 30,000.00 $ 30,000.00 $ 13,000.00 $ 13,000.00 $ - $ - $ - $ - ARE Bonds&Insurance(2%Max 1 AL $ 61,]00.00 $ 61]00.00 $ 150,000.00 $ 150,000.00 $ 100,000.00 $ 100,000.00 $ - $ - $ - $ - AA3 Storrs Water Pollution Prevention Plan 1 LS $ 2,600.00 $ 2,600.00 $ 20,000.00 $ 20,000.00 $ 6200.00 $ 6200.00 $ - $ - $ - $ - AA4 Curb Inlet Protection 37 EA $ 350.00 $ 12950.00 $ 110.00 $ 4,0]0.00 $ 183.00 $ 6]]1.00 $ - $ - $ - $ - AA5 Stabilized Construction Entrance 2 EA $ 10 200.00 $ 20,400.00 $ 3,000.00 $ 6,000.00 $ 3,000.00 $ 6,000.00 $ - $ - $ - $ - AAA Hydromulch 1,800 SV $ 12.00 $ 21,600.00 $ 2.00 $ 3,600.00 $ 5.00 $ 9,000.00 $ - $ - $ - $ - AA] Traffic Control Design By Professional Engineer(ALL PHASES) 1 LS $ 35,400.00 $ 35,400.00 $ 32,000.00 $ 32,000.00 $ 30,000.00 AA8 Traffic Control Plan Mobilization/Adjustments 1 LS $ 25,500.00 $ 25500.00 $ 18,000.00 $ 18,000.00 $ 38,000.00 $ 38,000.00 $ - $ - $ - $ - AA9 Temporary Traffic Signal Design By Professi onal Engineer 3 EA $ 11,800.00 $ 35,400.00 $ 2,000.00 $ 6,000.00 $ 4,000.00 $ 12,000.00 $ - $ - $ - $ - M10 Temporary Traffic Signal lm ple ,R,ti (All Phases) 1 LS $ 64,800.00 $ 64,800.00 $ 58,000.00 $ 58,000.00 $ 61,000.00 $ 61,000.00 $ - $ - $ - $ - AA11 Traffic Control lt-s(Banicades,Sighs,&Traffic Handling) 19 MO $ 6,900.00 $ 131,100.00 $ 24,000.00 $ 456,000.00 $ 2,800.00 $ 53200.00 $ - $ - $ - $ - M12 Low Profile Concrete Barriers(20') 100 EA $ 25.00 $ 2500.00 $ 600.00 $ 60,000.00 $ 1 300.00 $ 130,000.00 $ - $ - $ - $ - M13 Electronic Message Board 4 EA $ 23,800.00 $ 95200.00 $ 19,000.00 $ ]6,000.00 $ 25,000.00 $ 100,000.00 $ - $ - $ - $ - M14 Cl ear Right-Of-Way ].1 AC $ ]200.00 $ 51,120.00 $ 3]00.00 $ 262]0.00 $ 4300.00 $ 30530.00 $ - $ - $ - $ - M15 Ozone Action Day 5 DAYS $ 650.00 $ 3250.00 $ 500.00 $ 2500.00 $ 1.00 $ 5.00 $ - $ - $ - $ - SUBTOTAL PART AA-GENERAL(it...AAA thru AA15) $ 583520.00 $ 948,440.00 $ 595]06.00 PART BB-STREET IMPROVM ENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B131 Mobilization(5%Max Part B) 1 LS $ 30,000.00 $ 30,000.00 $ 100,000.00 $ 100,000.00 $ 61500.00 $ 61500.00 $ - $ - $ - $ - BB2 Remove Existing Signs 1 LS $ ],000.00 $ ],000.00 $ 1500.00 $ 1500.00 $ 2300.00 $ 2300.00 $ - $ - $ - $ - B133 Remove Concrete Driveway 8,833 SF $ 6.60 $ 5829].80 $ 1.00 $ 8,833.00 $ 2.00 $ 1],666.00 $ - $ - $ - $ - B134 Remove Chain Link Fence 675 LF $ 620 $ 4,185.00 $ 350 $ 236250 $ 1.00 $ 6]5.00 $ - $ - $ - $ - �BB Remove Wooden Fence 692 LF $ ]50 $ 5,190.00 $ 6.00 $ 4,152.00 $ 1.00 $ 692.00 $ - $ - $ - $ - Street Excavation(1'B.O.C) 25,424 SV $ ]]0 $ 195]64.80 $ 11.00 $ 2]9,664.00 $ ].00 $ 1]]968.00 $ - $ - $ - $ - **The areas with bold bortlers intlicate an error in an extension which did not affect the low bid. The totals reflect.d here are the Unit Price x Quantity. The unit price shall govern ov er the amount. Page 1 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an A,durra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.di-diii July 20,2022 TIME OF COMPLETION:530 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLLIHAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1901 HOLLISTER STREET 7505 UP RIVER ROAD 3229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX78409 HOUSTON,177080 CORPUS CHRISTI,TX 78409 C ORPU S CH RI STI,178409 CORPUS C HRISTI,178437 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BB] Subgrade Proparation(1B.O.C.) 25,424 SV $ 230 $ 58,47520 $ 6.00 $ 152544.00 $ 10.00 $ 254240.00 $ - $ - $ - $ - BB8 7 Crushed,Limestone Base(Type A,Grade 1-2)(1'B.O.C.) 25,424 SV $ 24.00 $ 610,176.00 $ 1].00 $ 432208.00 $ 19.00 $ 483,056.00 $ - $ - $ - $ - BB9 Prime Coat(020 Gallons/SV) 4,903 GAL $ 620 $ 30396.12 $ 8.00 $ 39220.80 $ 6.00 $ 29,415.60 $ - $ - $ - $ - BB10 1"Type'D'(Bond Breaker) 24513 SV $ 950 $ 232,87350 $ 14.00 $ 343,182.00 $ 11.00 $ 269,643.00 $ - $ - $ - $ - BB11 75"4,000 PSI Continuously Reinforced Concrete Pavement 24513 SV $ 100.00 $ 2,451300.00 $ 10].00 $ 2,622,891.00 $ 89.00 $ 2,181,65].00 $ - $ - $ - $ - BB12 FUII Depth Pavement Repair 25 SV $ 250.00 $ 6250.00 $ 275.00 $ 6,875.00 $ 500.00 $ 12500.00 $ - $ - $ - $ - BB13 Concrete Driveway 8,943 SF $ 20.00 $ 178,860.00 $ 18.00 $ 160974.00 $ 15.00 $ 134,145.00 $ - $ - $ - $ - BB14 Adjust AT&T Manholes 7 EA $ 1,700.00 $ 11900.00 $ 1,620.00 $ 11340.00 $ 750.00 $ 5250.00 $ - $ - $ - $ - BB15 Combo Stop Sign(R1-1)/Street Name Blades(Incl.Metal Pole, 12 EA $ 1200.00 $ 14,400.00 $ 1,026.00 $ 12312.00 $ 1200.00 $ 14,400.00 $ - $ - $ - $ - Foundation and Removal of Existing Sign) BB16 Speed Limit Sign(R2-1)(Incl.Metal Pole and Foundation) 4 EA $ 950.00 $ 3,800.00 $ 783.00 $ 3,132.00 $ 800.00 $ 3200.00 $ - $ - $ - $ - BB17 End School Zone Sign(55-2) 2 EA $ 880.00 $ 1 760.00 $ 730.00 $ 1,460.00 $ 830.00 $ 1,660.00 $ - $ - $ - $ - BB18 Lane Control Sign(R3-8LLR)(Incl.Metal Pole and Foundation) 1 EA $ 980.00 $ 980.00 $ 810.00 $ 810.00 $ 920.00 $ 920.00 $ - $ - $ - $ - BB19 Street Ends Sign(W2-4)(Incl.Metal Pole and Foundation) 1 EA $ 920.00 $ 920.00 $ 756.00 $ 756.00 $ 860.00 $ 860.00 $ - $ - $ - $ - BB20 School Crossing Sign(S1T)(Incl.Metal Pole and Foundation) 8 EA $ 1,200.00 $ 9,600.00 $ 972.00 $ 7 776.00 $ 1,100.00 $ 8,800.00 $ - $ - $ - $ - BB21 Pedestrian Crossing Sign(W11-2)(Incl.Metal Pole and Foundation) 2 EA $ 1,200.00 $ 2,400.00 $ 972.00 $ 1944.00 $ 1,100.00 $ 2200.00 $ - $ - $ - $ - BB22 "Ahead"Sign(W16-9P) 3 EA $ 85.00 $ 255.00 $ 70.00 $ 210.00 $ 79.00 $ 23].00 $ - $ - $ - $ - BB23 No Dumping Allowed Sign (K-1735) (Incl. Metal Pole and 1 EA $ 880.00 $ 880.00 $ 730.00 $ 730.00 $ 830.00 $ 830.00 $ - $ - $ - $ - Foundation) BB24 Pedestrian Crossing Arrow(W16-]P L) 1 EA $ 110.00 $ 110.00 $ 92.00 $ 92.00 $ 105.00 $ 105.00 $ - $ - $ - $ - BB25 Pedestrian Crossing Arrow(SW1 6-6PR) 1 JEA $ 110.00 $ 110.00 $ 92.00 $ 92.00 $ 105.00 $ 105.00 $ - $ - $ - $ - BB26 Pedestrian Crossing Arrow(SW1 6-6 PL) 1 $ 110.00 $ 110.00 $ 92.00 $ 92.00 $ 105.00 $ 105.00 $ - $ - $ - $ - BB2] Meld Sign Pedestrian Crossing (R1SL) (Incl. Metal Pole and 2 $ 980.00 $ 1960.00 $ 810.00 $ 1,620.00 $ 920.00 $ 1,840.00 $ - $ - $ - $Foundati )BB28 15 M.PHZone(Speaal 18"X24")(InclMetal Pole and Foundation) 3 $ 850.00 $ 2550.00 $ 702.00 $ 2,106.00 $ 800.00 $ 2400.00 $ - $ - $ - $BB29 15 M.PHZone(Speaal 18"X24") 3 $ 110.00 $ 330.00 $ 92.00 $ 276.00 $ 105.00 $ 315.00 $ - $ - $ - $ - BB30 School Sign(S4-3P) 5 EA $ 98.00 $ 490.00 $ 81.00 $ 405.00 $ 92.00 $ 460.00 $ - $ - $ - $ - BB31 School Zone Times Sig,(S4-1P) 7 EA $ 85.00 $ 595.00 $ 70.00 $ 490.00 $ 80.00 $ 560.00 $ - $ - $ - $ - BB32 One Way Sign(R6-2L)(Incl.Metal Pole And Foundation) 2 EA $ 850.00 $ 1 7. $ 702.00 $ 1,404.00 $ 800.00 $ 1,600.00 $ - $ - $ - $ - **The areas with bold bortlers intlicate an error in an extension which did not affect the low bid. The totals reflect.d here are the Unit Price x Quantity. The unit price shall govern ov er the amount. Page 2 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an A,durra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.di-diii July 20,2022 TIME OF COMPLETION:530 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLLIHAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1901 HOLLISTER STREET 7505 UP RIVER ROAD 3229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX]B409 HOUSTON,177080 CORPUS CHRISTI,TX]B409 C ORPU S CH RI STI,177409 CORPUS C HRISTI,1 8407 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BB33 One Way Sign(R6-2R) 2 EA $ 110.00 $ 220.00 $ 92.00 $ 184.00 $ 105.00 $ 210.00 $ - $ - $ - $ - BB34 N,Parking Sign(R7-2)(Special 18"x24")(Incl.Metal Pole And 4 EA $ 850.00 $ 3,400.00 $ ]02.00 $ 2,808.00 $ 800.00 $ 3200.00 $ - $ - $ - $ - Foundation) BE 35 D,Not Block Intersection Sign(Special 30"x30")(Incl.Metal Pole 2 EA $ 920.00 $ 1,840.00 $ 92.00 $ 184.00 $ 800.00 $ 1,600.00 $ - $ - $ - $ - And Foundation) BE 36 N,Tum On Red Sign(Special 18"X24")(Ind.Metal POI,and 1 EA $ 850.00 $ 850.00 $ ]00.00 $ ]00.00 $ 800.00 $ 800.00 $ - $ - $ - $ - Foundati,,) BB37 "BEGIN"Sig,(R3-9CP) 2 EA $ 85.00 $ 1]0.00 $ ]0.00 $ 140.00 $ 80.00 $ 160.00 $ - $ - $ - $ - BB38 "END"Sig,(R3-9DP) 2 EA $ 85.00 $ 1]0.00 $ ]0.00 $ 140.00 $ 80.00 $ 160.00 $ - $ - $ - $ - BB39 Two-Way Left Tum Only(R3-9B)(Incl.M,tal POI,and Foundation) 4 EA $ 1,000.00 $ 4,000.00 $ 864.00 $ 3,456.00 $ 980.00 $ 3920.00 $ - $ - $ - $ - BB40 Ball,ctiv,Pavement Markings TY.1(W)(24")(SLD)(90 Til)-Stop 263 LF $ 19 75 $ 5,19425 $ 16.00 $ 4208.00 $ 18.00 $ 4]34.00 $ - $ - $ - $ - BB41 Reflective Pavement Markings TY.A(W)(24")(SLD)(90 T1I)- 459 LF $ 19 75 $ 9,06525 $ 16.00 $ ]344.00 $ 18.00 $ 8262.00 $ - $ - $ - $ - Crosswalk BB42 Reflective Pavement Markings TY.A(BLK)(6")(SLD)(90 Til)- 918 LF $ 490 $ 4,49820 $ 4.00 $ 3,6]2.00 $ 4.00 $ 3,6]2.00 $ - $ - $ - $ - Crosswalk BB43 R,fl,ctiv,Pav,T,nt Markings TYA(V)(24")(SLD)(90 Tit)-Gore 162 LF $ 19 75 $ 3,19950 $ 16.00 $ 2592.00 $ 18.00 $ 2916.00 $ - $ - $ - $ - BB44 Reflective Pavement Markings TY.1 (W)(18")(SLD)(90 Til)- 100 LF $ 1825 $ 1,825.00 $ 15.00 $ 1500.00 $ 1].00 $ 1]00.00 $ - $ - $ - $ - Whool Zon, BB45 R,fl,ctiv,Pav,T,nt Markings TY 1(Wu)(8")(SLD)(90 Til) 423 LF $ 1 30 $ 54990 $ 1.10 $ 46530 $ 1.00 $ 423.00 $ - $ - $ - $ - BB46 R,fl,ctiv,Pav,T,nt Markings TY 1(V)(4")GILD)(90 TiI) 8,593 LF $ 0.80 $ 6,8]440 $ 0.65 $ 558545 $ 1.00 $ 8593.00 $ - $ - $ - $ - BB47 Reflective Pavement Markings TY 1(V)(4")(BKN)(90 Tih 460 LF $ 0.80 $ 368.00 $ 0.65 $ 299.00 $ 1.00 $ 460.00 $ - $ - $ - $ - BB48 R,fl,ctiv,Pav,T,nt Markings TY1(Wu)(4")(BKN)(90 Til) 1,690 LF $ 0.80 $ 1352.00 $ 0.65 $ 1,09850 $ 1.00 $ 1,690.00 $ - $ - $ - $ - BB49 Prefabricated Pavement Markings TV.0(Vu)(Word)"Only"(125 Til) 4 EA $ 490.00 $ 1960.00 $ 405.00 $ 1,620.00 $ 450.00 $ 1,800.00 $ - $ - $ - $ - BB50 PR,Til)Rbricat,d Pavement Markings TY.A(W)(Left Tum Arrow)(125 10 EA $ 290.00 $ 2900.00 $ 243.00 $ 2,430.00 $ 2]5.00 $ 2]50.00 $ - $ - $ - $ - BB51 PR Rbricat,d Pavement Markings TY.A(W)(Right Tum A-)(125 2 EA $ 290.00 $ 580.00 $ 243.00 $ 486.00 $ 2]5.00 $ 550.00 $ - $ - $ - $ - BB52 Prefabricated Pavement Markings TY.A(W)Yi,ld Triangle(18") 40 LF $ 1825 $ ]30.00 $ 15.00 $ 600.00 $ 1].00 $ 680.00 $ - $ - $ - $ - (125Ti1)Line BB53 Prefabricated Pavement Markings TV.A(Wu)(P,d XiNg)(125T it) 4 EA $ 650.00 $ 2,600.00 $ 540.00 $ 2,160.00 $ 600.00 $ 2,400.00 $ - $ - $ - $ - BB54 Remove and R,plac,R-IN.Strips&Striping 4 EA $ 1,300.00 $ 5200.00 $ 1,053.00 $ 4212.00 $ 1 200.00 $ 4,800.00 $ - $ - $ - $ - BB55 Raised Reflective Pavement Markings(TVIFA-A)Vellow 197 EA $ 6.20 $ 1 22140 $ 5.00 $ 985.00 $ 6.00 $ 1,182.00 $ - $ - $ - $ - BB56 Raised Reflective Pavement Markings(TV-IL)WWhit. 99 EA $ 620 $ 613.80 $ 5.00 $ 495.00 $ 6.00 $ 594.00 $ - $ - $ - $ - BB57 Raised Reflective Pavement Markings(TVIFB-B)Blu, 27 EA $ 620 $ 16740 $ 5.00 $ 135.00 $ 6.00 $ 162.00 $ - $ - $ - $ - BB58 Chain Link Fence 601 LF $ 58.00 $ 34,858.00 $ 2].00 $ 1622].00 $ 42.00 $ 25242.00 $ - $ - $ - $ - "The areas with bold bortlers intlicate an error in an extension which did not affect the low bid. The totals reflect.d here are the Unit Price x Quantity. The unit price shall govern ov er the amount. Page 3 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an A,durra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.dn.day,July 20,2022 TIME OF COMPLETION:630 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLUIPAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1901 HOLLISTER STREET 7505 UP RIVER ROAD 3229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX78409 HOUSTON,177080 CORPUS CHRISTI,TP 7F409 CORPUSCHRISTI,TX]8409 CORPUS C HRISTI,1 8407 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BB59 Wooden Fence 580 LF $ ]2.00 $ 41]60.00 $ 3].00 $ 21,460.00 $ 5].00 $ 33,060.00 $ - $ - $ - $ - BB60 Allowance For Unanticipatetl Street Improvements 1 AL $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ - $ - $ - (MANDATORV) SUBTOTAL PART BB-STREET IMPROVEMENTS(Items BB1 thru BB60) $ 4,084]8552 $ 4311,63955 $ 3,812,024.60 $ - $ - PART CC-RTA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) CC1 Mobilization(5%Max.Part W 1 LS $ 500.00 $ 500.00 $ 100.00 $ 100.00 $ 500.00 $ 500.00 $ - $ - $ - $ - CC2 Remove And Stockpile Existing RTA Signage & Bus Stop 1 LS $ 6,]00.00 $ 6]00.00 $ 1500.00 $ 1500.00 $ 12,000.00 $ 12,000.00 $ - $ - $ - $ - Inf-tructure CC3 Remove Existing RTA Bus Stop Concrete 595 SF $ 12.00 $ ],140.00 $ 1 30 $ 773 50 $ 2.00 $ 1,190.00 $ - $ - $ - $ - SUBTOTAL PART CC-RTA IMPROVEMENTS-(Items CC1 thru CC3) $ 14340.00 $ 23]3 50 $ 13,690.00 $ - $ - PART DO-ADA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) DD1 Mobili=tion(5%Max.PartD) 1 LS $ 3,]00.00 $ 3]00.00 $ 20,000.00 $ 20,000.00 $ 9200.00 $ 9200.00 $ - $ - $ - $ - DD2 Remove Existing Concrete Sidewalk 32,645 SF $ 5.]0 $ 186,07650 $ 050 $ 16 322 50 $ 1.00 $ 32,645.00 $ - $ - $ - $ - DD3 5'-8Wide,Concrete Sidewalk 41,138 SF $ 9.10 $ 3]4355.80 $ 950 $ 390,811.00 $ 10.00 $ 411380.00 $ - $ - $ - $ - DD4 Sidewalk Retaining AIR(Height Varies) 1,]45 LF $ 55.00 $ 959]5.00 $ 56.00 $ 9]]20.00 $ 44.00 $ ]6]80.00 $ - $ - $ - $ - DD5 Remove Existing Curb Ramps 3,581 SF $ 4.00 $ 14324.00 $ 0.60 $ 2,148.60 $ 2.00 $ ],162.00 $ - $ - $ - $ - DDA Curb Ramps 3,605 SF $ 31.00 $ 111]55.00 $ 25.00 $ 90,125.00 $ 32.00 $ 115360.00 $ SUBTOTAL PART DO-ADA IMPROVEMENTS(Items DD1 thru DDE) $ ]86,186 30 $ 61],12].10 $ 652,52].00 $ - $ - PART EE-IT&TRAFFIC SIGNAL IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) EEL Mobilization(5%Max Part E) 1 LS $ 25,800.00 $ 25,800.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 $ - $ - $ - $ - EE2 2"Blank Sch.40 PVC Conduit with Mule Tape 3,890 LF $ 19.]5 $ ]6,82]50 $ 22.00 $ 85580.00 $ 18.00 $ ]0,020.00 $ - $ - $ - $ - EE3 24x36x18"Pull Box 12 EA $ 2,800.00 $ 33,600.00 $ 2322.00 $ 2],864.00 $ 2]00.00 $ 32,400.00 $ - $ - $ - $ - EE4 CONDT(PVC)(SCHD 40)(2") 217 LF $ 22.00 $ 4]]4.00 $ 24.00 $ 5208.00 $ 21.00 $ 455].00 $ - $ - $ - $ - FEE CONDT(PVC)(SCHD 40)(2")(BORE) 45] LF $ 39.00 $ 1],823.00 $ 39.00 $ 1],823.00 $ 3].00 $ 16909.00 $ - $ - $ - $CONDT(PVC)(SCHD 40)(3") 196 LF $ 29.00 $ 5,684.00 $ 30.00 $ 5,880.00 $ 2].00 $ 5292.00 $ - $ - $ "The areas with bold bortlers mdlicate an error in an extension which did not affect the low bid. The totals reflect.d here are the Unit Price x Quantity. The unit price shall govern over the amount. Page 4 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an Artlurra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.dn.day,July 20,2022 TIME OF COMPLETION:630 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLUIPAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1901 HOLLISTER STREET 7505 UP RIVER ROAD 6229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX]8409 HOUSTON,177080 CORPUS CHRISTI,TX]8409 C ORPU S CH RI STI,TX]8409 CORPUS C HRISTI,1 8467 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT EE] CONDT(PVC)(SCHD 40)(4") 255 LF $ 39.00 $ 9945.00 $ 39.00 $ 9945.00 $ 38.00 $ 9,690.00 $ - $ - $ - $ - EE8 CONDT(PVC)(SCHD 40)(4")(BORE) 325 LF $ 59.00 $ 19,1]5.00 $ 55.00 $ 1],8]5.00 $ 55.00 $ 1],8]5.00 $ - $ - $ - $ - EE9 ELEC COLOR(NO 8)INSULATED 923 LF $ 2.60 $ 2399.80 $ 220 $ 2,030.60 $ 3.00 $ 2]69.00 $ - $ - $ - $ - EE10 ELEC COLOR(N0.6)BARE 278 LF $ 2.80 $ ]]840 $ 220 $ 611.60 $ 3.00 $ 834.00 $ - $ - $ - $ - EEL ELEC COLOR(N0.6)INSULATED 556 LF $ 290 $ 1,61240 $ 240 $ 1 33440 $ 3.00 $ 1,668.00 $ - $ - $ - $ - EE12 TRAY CABLE(3 COLOR)(12 AWG) 663 LF $ 3]0 $ 2,453.10 $ 3.00 $ 1989.00 $ 4.00 $ 2,652.00 $ - $ - $ - $ - EE13 GROUND BOXTY D(162922)W/APRON 9 EA $ 1,600.00 $ 14,400.00 $ 1350.00 $ 12,150.00 $ 2,000.00 $ 18,000.00 $ - $ - $ - $ - EE14 INSTALL HWY TRF SIG(ISOLATED) 1 EA $ 32]00.00 $ 32]00.00 $ 2],000.00 $ 2],000.00 $ 31,000.00 $ 31,000.00 $ - $ - $ - $ - EE15 SMARTLINK WIRELESS CONN AND SENSOR HUB(PXX11215- 2 EA $ ],]00.00 $ 15,400.00 $ 6350.00 $ 12]00.00 $ ]200.00 $ 14,400.00 $ - $ - $ - $ - 001) EE16 SMARTSENSE MULTIMODAL VIDEO DETECTION(PXX11215- 2 EA $ 13]00.00 $ 2],400.00 $ 11300.00 $ 22,600.00 $ 12,800.00 $ 25,600.00 $ - $ - $ - $ - 002) EE17 SMARTVIEW 360 CAMERA W/BELL HOUSING(GARY 1215-003) 2 EA $ ],100.00 $ 14200.00 $ 5,800.00 $ 11,600.00 $ 6]00.00 $ 13,400.00 $ - $ - $ - $ - EE18 SOFTWARE.TRAFFIC LINK SIG COMM&TRAPP OPS 2 EA $ 2,600.00 $ 5200.00 $ 2,100.00 $ 4200.00 $ 2,400.00 $ 4,800.00 $ - $ - $ - $ - (PBU11217-001) EE19 SOFTWARE.TRAFFIC LINK PERFORMANCE(PBU1 1217-002) 2 EA $ 2,600.00 $ 5200.00 $ 2,100.00 $ 4200.00 $ 2,400.00 $ 4,800.00 $ - $ - $ - $ - EE20 SOFTWARE.TRAFFIC LINK MULTIMOD GET&COUNTS 2 EA $ 2,600.00 $ 5200.00 $ 2,100.00 $ 4200.00 $ 2,400.00 $ 4,800.00 $ - $ - $ - $ - (PBU11217-003) EE21 MOUNT.120",PENDANT,SS CBL&HW,-PIPE 2 EA $ 1,200.00 $ 2,400.00 $ 1,000.00 $ 2,000.00 $ 1 200.00 $ 2,400.00 $ - $ - $ - $ - EE22 MIOVISION ASTRO BRACKET 2 EA $ 590.00 $ 1,180.00 $ 490.00 $ 980.00 $ 550.00 $ 1,100.00 $ - $ - $ - $ - EE23 ITS CABINET W/AC POWER(MOBOTREX EAGLE) 2 EA $ 8,500.00 $ 1],000.00 $ ],000.00 $ 14,000.00 $ 8,000.00 $ 16,000.00 $ - $ - $ - $ - EE24 REMOVING TRAFFIC SIGNALS 2 EA $ 5,000.00 $ 10,000.00 $ 4,150.00 $ 8300.00 $ 4]00.00 $ 9,400.00 $ - $ - $ - $ - EE25 VEH SIG SEC(12")LED(GRN) 13 EA $ 410.00 $ 5330.00 $ 335.00 $ 4355.00 $ 380.00 $ 4940.00 $ - $ - $ - $ - EE26 VEH SIG SEC(12")LED(GRN ARW) 2 EA $ 380.00 $ ]60.00 $ 310.00 $ 620.00 $ 350.00 $ ]00.00 $ - $ - $ - $ - EE27 VEH SIG SEC(12")LED(YEL) 17 EA $ 410.00 $ 69]0.00 $ 330.00 $ 5,610.00 $ 380.00 $ 6,460.00 $ - $ - $ - $ - EE28 VEH SIG SEC(12")LED(YEL ARW) 4 EA $ 3]0.00 $ 1,480.00 $ 300.00 $ 1 200.00 $ 350.00 $ 1,400.00 $ - $ - $ - $ - EE29 VEH SIG SEC(12")LED(RED) 13 EA $ 410.00 $ 5330.00 $ 330.00 $ 4290.00 $ 380.00 $ 4940.00 $ - $ - $ - $ - EE30 VEH SIG SEC(12")LED(RED ARW) 2 EA $ 3]0.00 $ ]40.00 $ 300.00 $ 600.00 $ 350.00 $ ]00.00 $ - $ - $ - $ - EE31 BACK PLATE(12 IN)(3 SEC)PELCO AEROFLEX 13 EA $ 200.00 $ 2,600.00 $ 166.00 $ 2,158.00 $ 190.00 $ 2,4]0.00 $ - $ - $ - $ - EE32 BACK PLATE(12 IN)(4 SEC)PELCO AEROFLEX 2 EA $ 240.00 $ 480.00 $ 200.00 $ 400.00 $ 230.00 $ 460.00 $ - $ - $ - $ - "The areas with bold bortlers mdlicate an error in an extension which did not affect the low bid. The totals reflectetl here are the Unit Price x Quantity. The unit price shall govern over the amount. Page 5 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an Artlurra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:Wetlnestlay,July 20,2022 TIME OF COMPLETION:630 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLUIPAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1901 HOLLISTER STREET 7505 UP RIVER ROAD 6229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX]8409 HOUSTON,177080 CORPUS CHRISTI,TX]8409 C ORPU S CH RI STI,TX]8409 CORPUS C HRISTI,1 8467 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT EE33 REMOVE RDSD FLASH BEACON ASSEMBLY 2 EA $ 630.00 $ 1 260.00 $ 520.00 $ 1,040.00 $ 1 500.00 $ 3,000.00 $ - $ - $ - $ - EE34 INSTL RDSD FLSH BON ASSM(SOLAR-POWRD) 2 EA $ 10,400.00 $ 20,800.00 $ 8500.00 $ 1],000.00 $ 11,400.00 $ 22,800.00 $ - $ - $ - $ - EE35 PED SIG SEC(LED)(COUNTDOWN) 6 EA $ 660.00 $ 3960.00 $ 545.00 $ 32]0.00 $ 620.00 $ 3]20.00 $ - $ - $ - $ - EE36 TRF SIG GEL(TY A)(12 AWG)(2 COLOR) 1,]22 LF $ 250 $ 4305.00 $ 2.00 $ 3,444.00 $ 2.00 $ 3,444.00 $ - $ - $ - $ - EE37 TRF SIG GEL(TY A)(14 AWG)(5 CO NDP) 793 LF $ 290 $ 2299]0 $ 250 $ 198250 $ 2.00 $ 1586.00 $ - $ - $ - $ - EE38 TRF SIG GEL(TY A)(14 AWG)(16 COLOR) 925 JEA $ 520 $ 4,810.00 $ 430 $ 39]]50 $ 5.00 $ 4,625.00 $ - $ - $ - $ - EE39 PED POLE ASSEMBLEY 11 $ 2,800.00 $ 30,800.00 $ 2300.00 $ 25300.00 $ 2]00.00 $ 29]00.00 $ - $ - $ - $ - EE40 PED DETECT PUSH BUTTON(APS)TOUCHLESS 12 $ 1300.00 $ 15,600.00 $ 1,050.00 $ 12,600.00 $ 1 200.00 $ 14,400.00 $ - $ - $ - $ - EE41 PED DETECTOR CONTROLLER UNIT 2 EA $ 5,000.00 $ 10,000.00 $ 4,100.00 $ 8200.00 $ 4]00.00 $ 9,400.00 $ - $ - $ - $ - EE42 RADAR PRESENCE DETECTOR 3 EA $ 12,400.00 $ 37 200.00 $ 10200.00 $ 30,600.00 $ 11]00.00 $ 35,100.00 $ - $ - $ - $ - EE43 RADAR PRESENCE DETECTOR COMM CABLE ]]0 LF $ 3]0 $ 2,849.00 $ 3.00 $ 2310.00 $ 3.00 $ 2310.00 $ - $ - $ - $ - EE44 BATTERY BACKUP UNIT 1 EA $ 11,100.00 $ 11,100.00 $ 9200.00 $ 9200.00 $ 10,000.00 $ 10,000.00 $ - $ - $ - $ - EE45 PTZ CAMERA 1 EA $ ],600.00 $ ],600.00 $ 6300.00 $ 6300.00 $ ],000.00 $ ],000.00 $ - $ - $ - $ - EE46 ETHERNET CABLE(CAT 5) 934 LF $ ]90 $ ]3]8.60 $ 650 $ 6,0]1.00 $ ].00 $ 6538.00 $ - $ - $ - $ - EE4] TAPCO SOLAR PEDESTRIAN RRFB CROSSING SYSTEM 1 EA $ 24,80020 $ 24,80020 $ 20500.00 $ 20500.00 $ 12900.00 $ 12900.00 $ - $ - $ - $ - EE48 Allowance For Unanticipatetl Traffic Signal Improvements 1 AL $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ - $ - $ - (MANDATORV) SUBTOTAL PART EE-IT&TRAFFIC SIGNAL IMPROVEMENTS(Items EE1 thru EE48) $ 584,604]0 $ 516,098.60 $ 548959.00 $ - $ - PART FF-DRAINAGE IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) FF1 Mobilization(5%Max Part F) 1 LS $ 41,500.00 $ 41500.00 $ 54,000.00 $ 54,000.00 $ 125,000.00 $ 125,000.00 $ - $ - $ - $ - FPS Remove Existing Curb Inlet 15 EA $ 1,100.00 $ 16500.00 $ 300.00 $ 4500.00 $ 4]00.00 $ ]0500.00 $ - $ - $ - $ - FF3 Remove Existing Brick Manhol A12 EA $ 3,100.00 $ 3]200.00 $ 950.00 $ 11,400.00 $ 2,400.00 $ 28,800.00 $ - $ - $ - $ - FF4 Remove Existing 18"CMP Lateral 175 LF $ 28.00 $ 4900.00 $ 10.00 $ 1]50.00 $ 145.00 $ 253]5.00 $ - $ - $ - $ - FF5 Remove Existing 18"RCP Laterel 594 LF $ 24.00 $ 14256.00 $ 10.00 $ 5940.00 $ 200.00 $ 118,800.00 $ - $ - $ - $ - FFF7 Remove Existing 24"RCP16 LF $ 58.00 $ 928.00 10.00 $ 160.00 $ 250.00 $ 4,000.00 $ - $ $ $Remove Existing 36"CMP 53 LF $ 44.00 $ 2332.00[$$77 13.00 $ 689.00 $ 350.00 $ 18550.00 $ - $ $ - **The areas with bold bortlers mdlicate an error in an extension which did not affect the low bid. The totals reflectetl here are the Unit Price x Quantity. The unit price shall govern ov er the amount. Page 6 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an A,durra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.dn.day,July 20,2022 TIME OF COMPLETION:630 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLUIPAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1991 HOLLISTER STREET 7595 UP RIVER ROAD 3229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX]8499 H OUSTON,TX]]989 CORPUS CHRISTI,TX]8499 C ORPU S CH RI STI,TX]8499 CORPUS C HRISTI,1 8497 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT FF8 Remove Existing 48"RCP 39 LF $ 24.00 $ 936.00 $ 16.00 $ 624.00 $ 3]5.00 $ 14,625.00 $ - $ - $ - $ - FF9 Remove Existing Curb-d Gutter 6,445 LF $ 87 $ 56,0]150 $ 2.00 $ 12,890.00 $ 3.00 $ 19335.00 $ - $ - $ - $ - FF10 Remove&Replace Existing Curb Inlet Top ] EA $ 3,300.00 $ 23,100.00 $ 2]00.00 $ 18900.00 $ 4,600.00 $ 32200.00 $ - $ - $ - $ - FF11 Clean Existing 18"RCP 80 LF $ 1250 $ 1,000.00 $ ].00 $ 560.00 $ 19.00 $ 1 520.00 $ - $ - $ - $ - FF12 Clean Existing 24"RCP 255 LF $ 24.00 $ 6,120.00 $ 9.00 $ 2295.00 $ 31.00 $ ]905.00 $ - $ - $ - $ - FF13 Clean Existing 48"RCP 1,]]] LF $ 3].00 $ 65]49.00 $ 2].00 $ 4]9]9.00 $ 43.00 $ ]6,411.00 $ - $ - $ - $ - FF14 Clean Existing 54"RCP 549 LF $ 3].00 $ 20313.00 $ 32.00 $ 1]568.00 $ 43.00 $ 23,60].00 $ - $ - $ - $ - FF15 Clean Existing 60"RCP 512 LF $ 43.00 $ 22,016.00 $ 43.00 $ 22,016.00 $ 49.00 $ 25,088.00 $ - $ - $ - $ - FF16 Clean Existing 66"RCP 47 LF j$ 43.00 $ 2,021.00 $ 65.00 $ 3,055.00 $ 49.00 100 $ - $ - $ - $ - FF17 18"Dia.RCP(ClIII) 672 LF $ 220.00 $ 14],840.00 $ 228.00 $ 153 216.00 $ 460.00 $ 309,120.00 $ - $ - $ - $ - FF18 24"Dia.RCP(ClIII) 196 LF $ 250.00 $ 49,000.00 $ 236.00 $ 46 256.00 $ 368.00 $ ]2,128.00 $ - $ - $ - $ - FF19 36"Dia.RCP(ClIII) 46 LF $ 300.00 $ 13,800.00 $ 345.00 $ 15,8]0.00 $ ]00.00 $ 32200.00 $ - $ - $ - $ - FF20 48"Dia.RCP(ClIII) 36 LF $ 450.00 $ 16200.00 $ 630.00 $ 22,680.00 $ ]40.00 $ 26,640.00 $ - $ - $ - $ - FF21 Pipe Trench Safety 950 LF $ 16.00 $ 15200.00 $ 4.00 $ 3,800.00 $ 8.00 $ ],600.00 $ - $ - $ - $ - FF22 5Curb Inlet 13 EA $ ],800.00 $ 101,400.00 $ ]300.00 $ 94900.00 $ 10]00.00 $ 139,100.00 $ - $ - $ - $ - FF23 10'Curb Inlet 2 EA $ 10,400.00 $ 20,800.00 $ 12,800.00 $ 25,600.00 $ 18,000.00 $ 36,000.00 $ - $ - $ - $ - FF24 Post Inlet 1 EA $ ],300.00 $ ]300.00 $ 6,000.00 $ 6,000.00 $ 11,000.00 $ 11,000.00 $ - $ - $ - $ - FF25 Standard 5'Di-Type'A'Manhole 4 EA $ 19,100.00 $ ]6,400.00 $ ]300.00 $ 29200.00 $ 2],000.00 $ 108,000.00 $ - $ - $ - $ - FF26 125'X65'Ston,Juncti o n Box With Wastewater PenetUtion 1 EA $ 42]00.00 $ 42]00.00 $ 62,000.00 $ 62,000.00 $ 85,000.00 $ 85,000.00 $ - $ - $ - $ - FF27 5'X5'Type'D'JUnction Box/Manhole 1 EA $ 19300.00 $ 19300.00 $ 29,000.00 $ 29,000.00 $ 52,000.00 $ 52,000.00 $ - $ - $ - $ - FF28 5'X65'Type'C'JUnction Box/Manhole 1 EA $ 21,400.00 $ 21,400.00 $ 26,000.00 $ 26,000.00 $ 50,000.00 $ 50,000.00 $ - $ - $ - $ - FF29 6'X6'Type'C'JUncLim Box/Manhole 6 EA $ 22500.00 $ 135,000.00 $ 33,000.00 $ 198,000.00 $ 55,000.00 $ 330,000.00 $ - $ - $ - $ - FF30 6'X6'Type'D'JUncLim Box/Manhole 1 EA $ 21900.00 $ 21900.00 $ 33,000.00 $ 33,000.00 $ 54,000.00 $ 54,000.00 $ - $ - $ - $ - EX7Tncti m Box/Manhole 2 EA $ 25,100.00 $ 50200.00 $ 35,000.00 $ ]0,000.00 $ 56,000.00 $ 112,000.00 $ $ - $ - $nctonBOX/Menh0le2 EA $ 24,800.00 $ 49,600.00 $ 45,000.00 $ 90,000.00 $ 55,000.00 $ 110,000.00 $ - $ - $ - $ncti on BOX/ManhOl e 2 EA $ 24500.00 $ 49,000.00 $ 3],000.00 $ ]4,000.00 $ 52,000.00 $ 104,000.00 $ - $ - $ - $ - **The areas with bold bortlers mdlicate an error in an extension which did not affect the low bid. The totals reflect.d here are the Unit Price x Quantity. The unit price shall govern over the amount. Page 7 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an A,durra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.di-diii July 20,2022 TIME OF COMPLETION:530 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLLIHAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1901 HOLLISTER STREET 7505 UP RIVER ROAD 3229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX]8409 HOUSTON,177080 CORPUS CHRISTI,TX]8409 C ORPU S CH RI STI,TX]8409 CORPUS C HRISTI,1 8407 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT FF34 7'X8Type'C'Junction Box/Manhole 1 EA $ 26900.00 $ 26900.00 $ 3],000.00 $ 3],000.00 $ 60,000.00 $ 60,000.00 $ - $ - $ - $ - FF35 7'X8'Type'D'Junction Box/Manhole 1 EA $ 28500.00 $ 28500.00 $ 42,000.00 $ 42,000.00 $ 62,000.00 $ 62,000.00 $ - $ - $ - $ - FF36 Stonnwater Structure Trench Safety 38 EA $ 1500.00 $ 5],000.00 $ 1]0.00 $ 6,460.00 $ 9200.00 $ 349,600.00 $ - $ - $ - $ - FF37 Concrete Header Curb 6,825 LF $ 13.00 $ 88725.00 $ 550 $ 3]53]50 $ 10.00 $ 68250.00 $ - $ - $ - $ - FF38 Standard 6"Curb&Gutter 30 LF $ 65.00 $ 1950.00 $ 45.00 $ 1 350.00 $ 300.00 $ 9,000.00 FF39 Allowance For Un anticipatetl Drainage Improvements 1 AL $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ - $ - $ - (MANDATORV) SUBTOTAL PART FF-DRAINAGE IMPROVEMENTS(Items FF1 thru FF39) $ 1 380,05]50 $ 1 333 19550 $ 2,806,65].00 $ - $ - PART GG-WATER IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) GG1 Mobili-tion(5%Max.Part G) 1 LS $ 65,000.00 $ 65,000.00 $ 50,000.00 $ 50,000.00 $ 155,000.00 $ 155,000.00 $ - $ - $ - $ - GG2 Remove Existing 12 ADD 2,895 LF $ ]].00 $ 222915.00 $ 10.00 $ 28950.00 $ 103.00 $ 298,185.00 $ - $ - $ - $ - GG3 Remove Existing 8"PVC 35 LF $ 31.00 $ 1,085.00 $ 9.00 $ 315.00 $ 1]8.00 $ 6230.00 $ - $ - $ - $ - GG4 Remove Existing 8"ACP 68 LF $ ]0.00 $ 4]60.00 $ 9.00 $ 612.00 $ 184.00 $ 12512.00 $ - $ - $ - $ - GG5 Remove Existing 6"PVC 59 LF $ 3].00 $ 2,183.00 $ 9.00 $ 531.00 $ 1]2.00 $ 10,148.00 $ - $ - $ - $ - GG6 Remove Existing 6"ACP 176 LF $ ]5.00 $ 13200.00 $ 8.00 $ 1,408.00 $ 1]4.00 $ 30,624.00 $ - $ - $ - $ - GG] Remove Existing 6"CIP 124 LF $ 3].00 $ 4588.00 $ 9.00 $ 1,116.00 $ 1]4.00 $ 215]6.00 $ - $ - $ - $ - GG8 Remove Existing 4"CIP 83 LF $ 39.00 $ 323].00 $ ].00 $ 581.00 $ 166.00 $ 13]]8.00 $ - $ - $ - $ - GG9 Remove and Salvage Existing Fire Hydrant 10 EA $ 460.00 $ 4,600.00 $ ]00.00 $ ],000.00 $ 3900.00 $ 39,000.00 $ - $ - $ - $ - GG10 Grout Fill&Abandon-In-Place 12"Watedine 29 CV $ 580.00 $ 16,820.00 $ 800.00 $ 23200.00 $ 2300.00 $ 66]00.00 $ - $ - $ - $ - GG11 12"Dia.C900 PVC Watedine(DR 18) 3,459 LF $ 140.00 $ 484260.00 $ 220.00 $ ]60980.00 $ 242.00 $ 83],0]8.00 $ - $ - $ - $ - GG12 12"Dia.DIP Watedine(CL350) 437 LF $ 260.00 $ 113,620.00 $ 2]5.00 $ 120,1]5.00 $ 485.00 $ 211945.00 $ - $ - $ - $ - GG13 8"Dia.DIP Watedine(CL350) 561 LF $ 220.00 $ 123,420.00 $ 231.00 $ 129591.00 $ 33].00 $ 189,05].00 $ - $ - $ - $ - GG14 6"Dia.C900 PVC Watedine(DR 18) 356 LF $ 1]0.00 $ 60520.00 $ 156.00 $ 55536.00 $ 300.00 $ 106,800.00 $ - $ - $ - $ - GG15 6"Dia.DIP Watedine(CL350) 510 LF $ 220.00 $ 112200.00 $ 195.00 $ 99,450.00 $ 329.00 $ 16]]90.00 $ - $ - $ - $ - GG16 Pipe Trench Safety +12LF $ 3.00 $ 15969.00 $ 2.00 $ 10,646.00 $ ].00 $ 3]261.00 $ - $ - $ - $GG1] 12"45DegBend $ 920.00 $ 46,000.00 $ 1,130.00 $ 56500.00 $ 2200.00 $ 110,000.00 $ - $ - $ **The areas with bold bortlers intlicate an error in an extension which did not affect the low bid. The totals reflect.d here are the Unit Price x Quantity. The unit price shall govern ov er the amount. Page 8 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an A,durra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.dn.day,July 20,2022 TIME OF COMPLETION:630 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLUIPAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1991 HOLLISTER STREET 7595 UP RIVER ROAD 3229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX78499 HOUSTON,177989 CORPUS CHRISTI,TX 78499 C ORPU S CH RI STI,178499 CORPUS C HRISTI,178437 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT GG 18 12"X8"Tee 14 EA $ 1200.00 $ 16,800.00 $ 1500.00 $ 21,000.00 $ 2300.00 $ 32200.00 $ - $ - $ - $ - GG19 12"X8"Cross 3 EA $ 1,600.00 $ 4,800.00 $ 1 999 50 $ 599850 $ 2900.00 $ 8700.00 $ - $ - $ - $ - GG20 12"X6"Tee 22 EA $ 520.00 $ 11,440.00 $ 1,140.00 $ 25,080.00 $ 2200.00 $ 48,400.00 $ - $ - $ - $ - GG21 12"X6"CL ss 2 EA $ 1,300.00 $ 2,600.00 $ 1 780.00 $ 3560.00 $ 2,600.00 $ 5200.00 $ - $ - $ - $ - GG22 12"GV&B 17 EA $ 3700.00 $ 62900.00 $ 3700.00 $ 62900.00 $ 5,000.00 $ 85,000.00 $ - $ - $ - $ - GG23 12"Cap 4 EA $ 510.00 $ 2,040.00 $ 2700.00 $ 10,800.00 $ 1 300.00 $ 5200.00 $ - $ - $ - $ - GG24 8"X6"Tee 1 EA $ 390.00 $ 390.00 $ 550.00 $ 550.00 $ 1 740.00 $ 1 740.00 $ - $ - $ - $ - GG25 8"45 Deg Bend 85 EA $ 480.00 $ 40,800.00 $ 636.00 $ 54,060.00 $ 1300.00 $ 110500.00 $ - $ - $ - $ - GG26 8"GV&B 19 EA $ 2200.00 $ 41,800.00 $ 2,100.00 $ 39900.00 $ 2900.00 $ 55,100.00 $ - $ - $ - $ - GG27 8"X6"Reducer 12 EA $ 360.00 $ 4320.00 $ 290.00 $ 3,480.00 $ 1,000.00 $ 12,000.00 $ - $ - $ - $ - GG28 8 A Reducer 5 EA $ 370.00 $ 1,850.00 $ 500.00 $ 2500.00 $ 1200.00 $ 6,000.00 $ - $ - $ - $ - GG29 6"45 Deg Bend 64 EA $ 190.00 $ 12,160.00 $ 390.00 $ 24960.00 $ 1 200.00 $ 76,800.00 $ - $ - $ - $ - GG30 6"GV&B 27 EA $ 1200.00 $ 32,400.00 $ 1,400.00 $ 3],800.00 $ 2500.00 $ 67500.00 $ - $ - $ - $ - GG31 6"Cap 4 EA $ 230.00 $ 920.00 $ 2350.00 $ 9,400.00 $ 1,600.00 $ 6,400.00 $ - $ - $ - $ - GG32 Conn ed to Existing 12 PVC 2 EA $ 4,100.00 $ 8200.00 $ 4,800.00 $ 9,600.00 $ 15500.00 $ 31,000.00 $ - $ - $ - $ - GG33 Connect to Existing 8"PVC 2 EA $ 3,900.00 $ ],800.00 $ 3 700.00 $ ],400.00 $ 15200.00 $ 30,400.00 $ - $ - $ - $ - GG34 Conn edto Existing 8"ACP 1 EA $ 3,900.00 $ 3900.00 $ 3700.00 $ 3]00.00 $ 15200.00 $ 15200.00 $ - $ - $ - $ - GG35 Connect to Existing 6"CID 5 EA $ 3,800.00 $ 19,000.00 $ 2700.00 $ 13500.00 $ 15,000.00 $ 75,000.00 $ - $ - $ - $ - GG36 Conn ed to Existing 6"ACP 5 EA $ 3,800.00 $ 19,000.00 $ 2700.00 $ 13500.00 $ 15,000.00 $ 75,000.00 $ - $ - $ - $ - GG37 Connect to Existing 6"PVC 1 EA $ 3,800.00 $ 3,800.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 $ - $ - $ - $ - GG38 Conn ed to Existing 4"CID 5 EA $ 3,700.00 $ 18500.00 $ 2700.00 $ 13500.00 $ 15,000.00 $ 75,000.00 $ - $ - $ - $ - GG39 3/4"Water Service(Long) 10 EA $ 1900.00 $ 19,000.00 $ 3,600.00 $ 36,000.00 $ 8,000.00 $ 80,000.00 $ - $ - $ - $ - GG40 2"Water Service(Long) 5 HEA $ 2,900.00 $ 14500.00 $ 5970.00 $ 29,85000 $ 9,000.00 $ 45000.00 $ - $ - $ - $GG41 2"Water Service(Short) 1 $ 2,900.00 $ 2900.00 $ 2,860.00 $ 2,860.00 $ 6,000.00 $ 6,000.00 $ $ - $ - "The areas with bold bortlers mdlicate an error in an extension which did not affect the low bid. The totals reflect.d here are the Unit Price x Quantity. The unit price shall govern over the amount. Page 9 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an Aidurra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.dnestlay,July 20,2022 TIME OF COMPLETION:630 Calentlar Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLLIHAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1901 HOLLISTER STREET 7505 UP RIVER ROAD 3229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX78409 HOUSTON,177080 CORPUS CHRISTI,TX 78409 C ORPU S CH RI STI,178409 CORPUS C HRISTI,178437 �ITEDIESCR'PT'OlNs QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT reHydrantAsemby(From Barrel 90 Deg Bend Up) 2] EA $ ],100.00 $ 191]00.00 $ ]000.00 $ 189,000.00 $ 12,000.00 $ 324000.00lowaneFor Unanticipatetl Water Improvements 1 AL $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,00000 $ 1500000 $ - $ $ $ANDATORV) SUBTOTAL PART G-WATER IMPROVEMENTS(Items GG1 thru GG43) $ 1,852,89].00 $ 1 985,489 50 $ 3,621,024.00 $ - $ - PART HH-WASTEWATER IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) HILL Mobilization(5%Max.Part H) 1 LS $ 28,800.00 $ 28,800.00 $ 20,000.00 $ 20,000.00 $ 43,000.00 $ 43,000.00 $ - $ - $ - $ - HH2 Remove Ex.12"VCP W L 64 LF $ 35.00 $ 2240.00 $ 5.00 $ 320.00 $ 228.00 $ 14592.00 $ - $ - $ - $ - HH3 12"SDR26 PVC WVVL(6'-8') 48 LF $ 260.00 $ 12,480.00 $ 224.00 $ 10 752.00 $ 444.00 $ 21 312.00 $ - $ - $ - $ - HH4 12"SDR26 PVC WVVL In 18"Steel Casing(6'-8') 16 LF $ 630.00 $ 10,080.00 $ 404.00 $ 6,464.00 $ 2,400.00 $ 38,400.00 $ - $ - $ - $ - HH5 12"VCP Pipebursting 1,407 LF $ 240.00 $ 33],680.00 $ 220.00 $ 309540.00 $ 310.00 $ 436,170.00 $ - $ - $ - $ - HH6 8"VCP Pipebursting 318 LF $ 160.00 $ 50,880.00 $ 140.00 $ 44520.00 $ 200.00 $ 63,600.00 $ - $ - $ - $ - HH] 18"Split Steel Casing W/Casing Spacers&Grout End Seals 120 LF $ 320.00 $ 38,400.00 $ 870.00 $ 104,400.00 $ 640.00 $ 76,800.00 $ - $ - $ - $ - HH8 Remove Existing Wastewater Manhole 1 EA $ 2,100.00 $ 2,100.00 $ 1500.00 $ 1500.00 $ 20,000.00 $ 20,000.00 $ - $ - $ - $ - HH9 F/G Liner Manhole Rehab 8 EA $ 11700.00 $ 93,600.00 $ 19,000.00 $ 152,000.00 $ 8300.00 $ 66,400.00 $ - $ - $ - $ - HH10 Wastewater Service Connecno 25 EA $ 2,000.00 $ 50,000.00 $ 1900.00 $ 47500.00 $ 3200.00 $ 80,000.00 $ - $ - $ - $ - HH11 Bypass Pumping 1 LS $ 65,400.00 $ 65,400.00 $ 21,000.00 $ 21,000.00 $ 43,000.00 $ 43,000.00 $ - $ - $ - $ - HH12 Point Pepsi rs 4 EA $ 5,200.00 $ 20,800.00 $ 4,600.00 $ 18,400.00 $ 30,000.00 $ 120,000.00 $ - $ - $ - $ - HH13 Remove Existing Fence and Replace In Kind 190 LF $ 92.00 $ 1],480.00 $ 75.00 $ 14 250.00 $ 58.00 $ 11,020.00 $ - $ - $ - $ - HH14 Allowance For Unanticipated Wastewater Improvements 1 AL $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ - $ - $ - $ - (MANDATORY) SUBTOTAL PART HH-WASTEWATER IMPROVEMENTS(Items HH1 thru HH14) $ ]39,940.00 $ ]60,646.00 $ 1,044,294.00 $ - $ - PART II-GAS IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Ill Mobilization(5%Max.Part I) 1 LS $ 1,800.00 $ 1,800.00 $ 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 $ - $ - $ - $ - 112 Remove 10"Gas Line 535 LF $ 1]50 $ 936250 $ 36.00 $ 19260.00 $ 15.00 $ 8,025.00 $ - $ $ - II3 Remove 8"Gas Line 202 LF $ 23.00 $ 4,646.00 $ 36.00 $ 72]2.00 $ 15.00 $ 3,030.00 $ - $ $ - "The areas with bold bortlers intlicate an TO,in an extension which did not affect the low bid. The totareflect.d hthe Unit Price x Quantity. The unilst prere are ice shall govern ov er the amount. Page 10 of 11 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:D.Scott Jones,P.E.-LNV,Inc.an A,durra Company ENGINEER'S ESTIMATE:$10,209,000 BID DATE:W.dn.day,July 20,2022 TIME OF COMPLETION:630 C.Ie d.,Days BAY,LTD. REVTEC CONSTRUCTION JE CONSTRUCTION SERVICES, CPC INTERESTS,LLC DBAHAAS-ANDERSON GOLUIPAR RD.-GREENWOOD DR.TO CROSSTOWN EXPRESSWAY(BOND 20181 RESOURCES,INC LLC CLARK PIPELINE SERVICES CONSTRUCTION,LTD. CITY PROJECT NO.18020A 1414 VALERO WAV 1991 HOLLISTER STREET 7595 UP RIVER ROAD 3229 LEOPARD STREET P.O.BOX 7692 CORPU S CHRISTI,TX]8499 H OUSTON,TX]]989 CORPUS CHRISTI,TX]8499 CORPUSCHRISTI,TX]8499 CORPUS C HRISTI,1 8497 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 114 Trench and Backfill f1r8"Gas Line 1911, LE $ 23.66 $ 91,1J�� $ 55.66 $ 21],855.66 $ 16.66 $ 633]6.66 $ - $ - $ - $ - 115 Allowance For Unantic ipat.d Gas Improvements(MANDATORY) 1 AL $ 16,666.66 $ 16,6 $ 10,000.00 $ 16,666.66 $ 10,000.00 $ 10,000.00 $ - $ - $ - $ - SUBTOTAL PART II-GAS IMPROVEMENTS(Items IN thru 115) $ 116 9 $ 264 38].00 $ 88,431.00 $ - $ - BID SUMMARY PART AA-GENERAL(Items AA1 thru AA15) $ 583520.00 $ 948,440.00 $ 595]06.00 $ $ PART BB-STREET IMPROVEMENTS(Items BB1 thru BB60) $ 4,084]8552 $ 4311,63955 $ 3,812,024.60 $ $ PART CC-RTA IMPROVEMENTS(Items CC1 thru CC3) $ 14340.00 $ 237350 $ 13,690.00 $ $ PART DO-ADA IMPROVEMENTS(Items DD1 thru DDE) $ ]86,18630 $ 61],12].10 $ 65252].00 $ $ PART EE IT&TRAFFIC SIGNAL IMPROVEMENTS(Items EE1 thru EE48) $ 584,604]0 $ 516,098.60 $ 548959.00 $ $ PART FF-DRAINAGE IMPROVEMENTS(Items FF1 thru FF39) $ 1380,05]50 $ 1333,19550 $ 2,806,65].00 $ $ PART GG-WATER IMPROVEMENTS(Items GG1 thru GG43) $ 1,852,89].00 $ 1985,48950 $ 3,621,024.00 $ $ PART HH-WASTEWATER IMPROVEMENTS(Items HH1 thru HH14) $ ]39940.00 $ ]60,646.00 $ 1,044294.00 $ $ PART 11-GAS IMPROVEMENTS(Items IN thru 115) $ 116 911 50 $ 26438].00 $ 88,431.00 $ $ TOTAL PROJECT BASE BID NO.2(PARTS AA thru II) $ 10,143,242.52 $ 10,]39,396.]5 $ 13,183,312.60 $ $ "The areas with bold bortlers mdlicate an error in an extension which did not affect the low bid. The totals reflect,d here are the Unit Price x Quantity. The unit price shall govern.—the amount. Page 11 of 11 Capital Improvement Plan 2023 thl-11 2025 City of Corpus Christi, Texas Project# 18020 Project Name Gollihar Rd (Crosstown Expwy to Greenwood) Type Reconditioning-Asset Longevity Department Public Works wiw rz.• . Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longevity Status Active r Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan.This project is currently scheduled to begin construction in FY2023 and continue until completed. Schedules may be adjusted after design is completed or during annual CIP update. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 2,000,000 500,000 2,500,000 Design 873,725 873,725 Storm Water-St. 40,030 1,020,000 312,720 1,372,750 Waste Water-St 31,169 200,000 445,200 676,369 Water-St. 14,504 742,365 756,869 Gas-St. 13,800 13,800 Eng,Admin Reimbursements 70,517 348,000 281,122 699,639 Total 1,043,745 3,568,000 2,281,407 6,893,152 Funding Sources Prior Years 2023 2024 2025 Total G.O. Bond 2018 918,878 2,000,000 781,122 3,700,000 Revenue Bonds 124,867 1,568,000 1,500,285 3,193,152 Total 1,043,745 3,568,000 2,281,407 6,893,152 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. 200 Corpus Chr sti Engineering Gollihar Road (Greenwood Drive to Crosstown Expressway) Council Presentation November 15, 2022 opus CH C c�d.XProject Location r Engineering Location Map HOR YALE I FAMETT HU HARVARD YALE r asz P � � H � � �■ :■� _ .® EM IIC 0 LEI 0003 ®� • .. VICINITY J��� PROJECT NO.1020A Construction Pro•ect � Corpus Chr sti Engineering This project will reconstruct Gollihar Road from Greenwood Drive to Crosstown Expressway. • New concrete pavement, curb and gutter, sidewalks • ADA compliant curb ramps, signage, pavement markings • RTA improvements, street light improvements, traffic and pedestrian signal improvements • Utility infrastructure improvements to stormwater, water, wastewater, and gas. Project Schedule Corpus Chr sti Engineering 119 - 2022 202212024 October -April May- November December - October Design Bid/Award Construction Project schedule reflects City Council award in November 2022 with anticipated completion by October 2024. so �o p A PHv AGENDA MEMORANDUM WoRPORPg4 1852 One-Reading Ordinance for the City Council Meeting of November 15, 2022 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department Robertd4(a)cctexas.com 361-826-3133 Coastal Management Program Grant CAPTION: One-reading ordinance authorizing the acceptance of the Coastal Management Program Grant from the Texas General Land Office in the amount of$175,000 for Phase 1 of the Oso Bay Hike and Bike Trail project along the Old Tex-Mex railway spur in City Council District Four, with $117,060 in-kind match from the Parks and Recreation Department; and appropriating $175,000 into the Parks and Recreation Grants Fund. SUMMARY: The Parks and Recreation Department will use the Coastal Management Plan Grant funds to complete Phase 1 of the Oso Bay Hike and Bike trail project along the Old Tex-Mex railway spur, which runs from Flour Bluff to the Oso Bay Wetlands Preserve. BACKGROUND AND FINDINGS: Flour Bluff is an area with unique recreational opportunities for its approximately 24,000 residents and thousands of annual visitors. In 2021, during the adoption process for the City's new Area Development Plan, a hike and bike trail concept was introduced and ranked as a priority by area residents. The desire for a hike and bike trail also was expressed during multiple Flour Bluff Citizens Council (FBCC) meetings. The proposed, conceptual trail would connect the recreational opportunities available in Flour Bluff to the Oso Bay Wetlands Preserve. The connection would be accomplished by repurposing the route of the Old Tex-Mex railway spur into a hike and bike trail. The overall goal of the proposed project is to create a recreational connection from the Flour Bluff area into the Oso Bay Wetlands Preserve. The Coastal Management Program (CMP) funds will help to fund the repurposing of the Old Tex-Mex railway spur into an ADA accessible hike and bike trail that would connect and expand the area into an already established Hike and Bike Oso Bay Wetlands Preserve Trail. The hike and bike trail would ultimately provide non-motorized access for hiking, fishing, wildlife viewing, and kayak launching. The project also would have the potential to elevate the Flour Bluff community into a regionally recognized outdoor destination for recreationists and environmental stewardship. The project must be done in phases as required by the Texas General Land Office's CMP Grant contract. Phase 1 of the project will focus on completing a feasibility and structural engineering assessment of the existing railroad trestle along the Old Tex-Mex railway spur and developing a Master Plan. Phase 1 of the project is estimated to cost$175,000. The total project cost is not yet determined, as Phase 1 needs to be completed in order for a total project cost to be estimated. Phase 1 focuses on a feasibility and structural engineering assessment to confirm that the project can be done along the Old Tex-Mex railway spur running across the bridge. The total length of trestle bridge is less than .50 miles. However, the trail would be designed so that in the future the trail length could be increased. The project is estimated to be completed in 18 months. The timeline is from December 2022 to May 2024. The fiscal impact in FY 2023 from the General Fund is a $15,000 in-kind match for printing stakeholder engagement materials, as well as volunteer labor to assist with stakeholder engagement. The in-kind match also includes $102,060 for salaries and benefits for three staff: Director of Parks & Recreation, Assistant Director of Parks & Recreation, and a Landscape Architect from Parks & Recreation. The CMP Grant requires the in-kind match for three staff members that will work on project. The City's current 10-Year Parks & Recreation Master Plan highlights hike and bike trails as a top recreational priority for Corpus Christi residents. The need for hike and bike trails and additional public access to outdoor recreation areas in Flour Bluff also was a priority in the survey results collected from the City's consultant, Halff & Associates, during the most recent 10-Year Parks & Recreation Master Planning process. The area that is being considered for the proposed hike and bike trail is negatively impacted by illegal dumping and illegal fires. Additionally, the existing road to the the Old Tex-Mex railway spur has not been maintained. Converting this area to a useable recreational space for the public would not only enhance public access for recreational purposes and align with the current 10-Year Parks and Recreation Master Plan, but also it would reduce the amount of ongoing public safety issues. ALTERNATIVES: The alternative is not to approve the acceptance of the Coastal Management Program Grant; however, this would not help to enhance public access to recreation and not resolve public safety issues in the vicinity. If this grant is not accepted, staff will work to identify funding elsewhere. FISCAL IMPACT: The fiscal impact in FY 2023 from the General Fund is a $15,000 in-kind match for printing stakeholder engagement materials, as well as volunteer labor to assist with stakeholder engagement. The in-kind match also includes $102,060 for salaries and benefits for three staff: Director of Parks & Recreation, Assistant Director of Parks & Recreation, and a Landscape Architect from Parks & Recreation. The CMP Grant requires the in-kind match for three staff members that will work on project. Funding Detail: Fund: 1067 Parks and Recreation Grants Activity #: 824310 CPM Cycle -27 Mission Element: 142 Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends the acceptance of the Coastal Management Program Grant, Texas General Land Office, as presented. LIST OF SUPPORTING DOCUMENTS: - General Land Office Contract - Application - Work Plan and Budget - Ordinance One-reading ordinance authorizing the acceptance of the Coastal Management Program - Cycle 27 Grant from the Texas General Land Office in the amount of$175,000, with a $117,060 in-kind match from the Parks and Recreation Department; and appropriating $175,000 into the Parks and Recreation Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept the Coastal Management Program - Cycle 27 Grant from the Texas General Land Office in the amount of $175,000, with a $117,060 in-kind match from the Parks and Recreation Department. SECTION 2: $175,000 from the Coastal Management Program - Cycle 27 Grant from the Texas General Land Office is appropriated in the Parks and Recreation Grants Fund no. 1067 to be used for Phase 1 of the City's long-term goal to create a green recreational connection from the Flour Bluff area to the Oso Bay Wetlands Preserve. Phase 1 focuses on completing a feasibility and structural engineering assessment of the existing railroad trestle and developing a master plan. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 15th day of November, 2022. This ordinance takes effect upon City Council approval on this the day of , 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor day of , 2022 Corpus Christi, Texas PASSED AND APPROVED on this the day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette M. Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith Contract: 23-020-009-D603 Project Name: Public Access Enhancements for the Encinal Peninsula(Flour Bluff) Subrecipient: City of Corpus Christi Reporting Frequency: Monthly Contact: Tyler Florence Project Description: Flour Bluff is an area with unique recreational opportunities for its approximately 24,000 residents and many visitors. During Area Development Plan (ADP) discussions in 1992, the concept of repurposing an old railroad trestle into a hike and bike trail that connects Flour Bluff to an already established Hike and Bike Oso Bay Wetlands Preserve Trail was proposed, but no progress was made on the project. In the new ADP, the trail concept was reintroduced and ranked as a top priority by area residents for completion, especially after the pandemic highlighted the need for more public access to outdoor recreation. The trail would connect the recreational opportunities available in Flour Bluff to the City of Corpus Christi property via the repurposed trestle. The need was expressed during Flour Bluff Citizens Council (FBCC) meetings as well as during the City's ADP adoption process. The City of Corpus Christi (the City)will use CMP Cycle 27 funds to complete Phase 1 of the City's long-term goal to create a green recreational connection from the Flour Bluff area to the Oso Bay Wetlands Preserve. Phase 1 focuses on completing a feasibility and structural engineering assessment of the existing railroad trestle and developing a master plan to include land use and amenities for the hike and bike trail and proposed trailhead. The master plan will also include a discussion of proposed enhancements for Dimmit Pier Park and the ponds along Laguna Shores Road that will ultimately be connected to the hike and bike trail in subsequent project phases. To aid in Phase 1, volunteers will be enlisted to help monitor public usage of the proposed area hike and bike trail pre-construction. Additionally, volunteers will provide community clean-ups for the area and assist with stakeholder engagement events. Currently the area is impacted by illegal dumping, illegal fires, and the existing road to the trestle has not been maintained. Converting this area to a useable recreational space for the public would not only enhance public access for recreation but would reduce the impact of current public safety issues. The project will also elevate the Flour Bluff community into being regionally recognized as a favorite for outdoor recreationists and as a leader in environmental stewardship. Project Budget: CMP Subrecipient Third Party Project Totals Salaries $0.00 $75,600.00 $0.00 $75,600.00 Fringe $0.00 $26,460.00 $0.00 $26,460.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $175,000.00 $0.00 $0.00 $175,000.00 Other $0.00 $5,000.00 $10,000.00 $15,000.00 Subtotal $175,000.00 $107,060.00 $10,000.00 $292,060.00 Indirect $0.00 $0.00 $0.00 $0.00 Total $175,000.00 $107,060.00 $10,000.00 $292,060.00 Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. CMP and NOAA logos, including appropriate acknowledgment statement, must be printed on education/outreach materials, signs, final reports and/or publications. 4. Data must be shared in the appropriate manner as specified in the contract. 5. The subrecipient must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in media related communications for this project. Task 1: Engineering The City will develop scope of work and solicit engineering services through a Request for Qualifications (RFQ) in accordance with state and local standards and award a contract to the selected engineer. The City will evaluate all RFQs and then finalize the award selection. The engineer will complete a feasibility and structural engineering assessment of the existing railroad trestle. Task 1 Deliverables: 1. RFP to select engineer Due Date: 2/28/2023 2. Executed engineer contract Due Date: 4/30/2023 3. Feasibility and structural engineering assessment Due Date: 1/31/2024 Travel:No travel funds requested for this task Task 2: Data Collection and Outreach The City will coordinate the collection of relevant data and public outreach events. Volunteers will collect public use data from the proposed hike and bike trail area. Additionally, volunteers will conduct two community trash clean-ups in the project area that will increase public engagement with the project. The City will take pictures of the clean-up events and report event metrics, including the number of volunteers, the number of hours worked, and an estimate of the weight of trash removed. The City will host quarterly public meetings to discuss the project and solicit input on amenities to be included in the master plan. The City will design and print a brochure that explains the proposed project to hand out at stakeholder meetings. The GLO will review and approve the draft brochure layout before the brochures are printed. The engineering contractor will design and print a rendering of the project to display at public meetings. Task 2 Deliverables: 1. Draft brochure layout Due Date: 1/31/2023 2. Final brochure Due Date: 2/28/2023 3. Summary of public use data Due Date: 7/31/2023 4. Metrics and photos of community trash clean-up events Due Date: 8/31/2023 5. Agendas from quarterly public meetings Due Date: Ongoing until 3/31/2024 Travel:No travel funds requested for this task Task 3: Master Plan The engineer will develop a master plan to include land use and amenities for the hike and bike trail and proposed trailhead. The master plan will be developed using the data and input solicited in Task 2. The City will coordinate with the Planning Division on the Master Plan development. The engineer will present a draft of the master plan, and the City and the GLO will review the plan and make recommendations. Task 3 Deliverables: 1. Draft 1 of Master Plan Due Date: 1/31/2024 2. Draft 2 of Master Plan Due Date: 3/31/2024 Travel:No travel funds requested for this task Task 4: Project Monitoring & Reporting The City will prepare and submit all reports, deliverables, and requests for reimbursement as required in the contract, to CMPReceipts@GLO.TEXAS.GOV. Monthly progress reports and requests for reimbursement are due to CMPReceipts@GLO.TEXAS.GOV on the 10th day of every month of the year starting with November 10, 2022. The final report will describe the work completed under each task and include photos of outreach efforts. Task 4 Deliverables: 1. Monthly progress reports and requests for reimbursement Due Date: Ongoing until 3/31/2024 2. Draft final report Due Date: 3/15/2024 3. Final report Due Date: 3/31/2024 4. Project closeout form Due Date: 3/31/2024 Travel:No travel funds requested for this task Performance Evaluations CMP staff will conduct quarterly performance evaluations of subrecipients to examine project progress and adherence to the 18-month completion timeline. Evaluations will be conducted under the following terms. • 3-Month Evaluation (January 15,2023) o Subrecipients that did not submit the initial progress report and reimbursement request and do not show progress toward establishing the framework of their project will be identified by the CMP project manager(PM). • 6-Month Evaluation (April 15,2023) o If it appears the project is behind or is making insufficient progress, i.e. deliverables and reporting are late, the CMP PM will contact the subrecipient via phone or email to revise deliverable due dates and determine a method for getting the project completed within the remaining 1-year timeframe. 0 306A projects with NOAA Special Award Conditions (SAC) must provide the required SAC documentation at this time. ■ If the SAC documentation is not available, CMP staff may request a one- time SAC extension from NOAA. This extension is for a maximum of three (3) additional months. • 9-Month Evaluation (July 15,2023) o If a project had late reporting or deliverables at the previous two (2) checkpoints, they will be placed on a Performance Improvement Plan (PIP). ■ This will include more frequent check-ins with the CMP PM and a revised deliverable schedule with deliverables broken down into smaller pieces. o Reimbursement request will be held for payment until the PIP is in place. 0 306A projects with SACS must provide all required SAC documentation at this time. If the SAC documentation is unavailable,the project may be terminated. • 12-Month Evaluation (October 15,2023) o Projects not adhering to the PIP and not demonstrating significant efforts to correct compliance issues will be considered for termination and a Notice of Deficiency will be issued to the project's Authorizing Official. o Subrecipients can request a one (1) time extension. o Reimbursement requests will be withheld upon all outstanding documents are received. • 15-Month Evaluation (January 15,2024) o Projects with PIPs will be closely examined to ensure the performance plan is being adhered to and the project is on track. o If the PIP has been significantly violated, the project may be terminated. o Reimbursement requests will be withheld upon all outstanding documents are received. • 18-Month Evaluation (March 31,2024) o All projects must be complete. Incomplete projects maybe terminated. Proposed Oso Bay Hike and Bike Trail Flour B11 ff 1 V Oso. . rt 358 xas yy q y ry d e, n n `� � � u t_ .. r -- • i • • Preserve r: 4. Proposed Oso Bay Hike and Bike Trail 1 «.. ;` s , IN �h 1 1+1 Proposed Oso Bay Hike and Bike Trail Flour Bluff Oso Wetland Preserve Official Name: Old Tex-Mex railway spur 358 Texas r � y w� ,•.� :+� t sem. ,�:... .; ®®Yp.��@ `-$di iY �£ 4 Go�pUs cyR rn tater._ . J las2 CITY OF CORPUS CHRISTI Coastal Management Program Grant CORPUS CHRI S,nTI Lia CORPUS CHRISTI CITY COUNCIL November 15, 2022 Grant Overview • Coastal Management Program Grant from the Texas General Land Office • Grant Amount: $ 175,000 for Phase 1 of Oso Bay Hike and Bike Trail Project • Requires $ 117,060 in-kind match from the Parks and Recreation Department Project Overview • Create an ADA accessible hike and bike trail from Flour Bluff to Oso Bay Wetlands Preserve • Repurpose route along the Old Tex-Mex railway spur for hike and bike trail • Hike and bike trail would provide non-motorized access for hiking, fishing, wildlife viewing, and kayak launching • Currently, the area is negatively impacted by illegal dumping/illegal fires and the existing road to the trestle has not been maintained 1} y " t 1 w ,ti F p d A Y n f n• i � f iRV • rcT Y� 9 r *y Flour Bluff Oso Wetland Prese ' o osed • Bike Trail s 1�3 Proposed Oso Bav Hike and Bike Trail Flour Bluff Oso Wetland�Prcscrvc 4 Official Name: Old Tex-Mex Railway S=pur r Phase I of Pro ect • Completion of a feasibility/structural engineering assessment of the existing Old Tex-Mex railway spur • Confirm project can be completed over the old trestle bridge • Develop a Master Plan • Phase 1 estimated cost: $ 175,000 • Phase 1 needs to be completed to determine total project cost Planning Process • Current 10-Year Parks & Recreation Master Plan highlights hike and bike trails as a recreational priority for Corpus Christi residents • Hike and bike trails and additional public access to outdoor recreation areas in Flour Bluff also a priority in survey results collected during the Master Planning process • Useable recreational space for the public would enhance public access for recreation and reduce public safety issues • Potential to elevate the Flour Bluff community into regionally recognized outdoor destination for recreationists and environmental stewardship 8 Recommendation Staff recommends the acceptance of the Coastal Management Program Grant, as presented se H v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 15, 2022 "°pPRpE° Second Reading Ordinance for the City Council Meeting of December 6, 2022 1852 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC(a)cctexas.com (361) 826-3735 Eddie Houlihan, Director of Management and Budget Edd ieho(a)cctexas.com (361) 826-3792 Josh Chronley, Assistant Director of Finance-Procurement Josh C2[cctexas.corn (361) 826-3169 Budget Module Replacement CAPTION: Ordinance appropriating $322,438.40 from the unreserved fund balance in the General Fund for the purchase of OpenGov budget software and support from Vertosoft, LLC, through the Texas DIR Cooperative, in order to complete an FY 2022 budget initiative; ratifying implementation and authorizing execution of a five-year cooperative purchase agreement in the amount of $1,282,038.40, with FY 2023 funding of$322,438.40 from the General Fund; and amending the FY 2023 Operating Budget to increase expenditures by $322,438.40. SUMMARY: The Budget Department currently uses Infor's Corporate Performance Management (CPM) software to develop and prepare the City's operating and Capital Improvement Plan (CIP) budgets each year. City staff was informed late in FY 2022 that Infor's CPM budget module would not be upgraded to the new Infor platform in January 2023. City staff recommends acquisition of a different budget module that interfaces with Infor, OpenGOV, to replace Infor's CPM. BACKGROUND AND FINDINGS: The City's current budget and reporting process is manual and labor-intensive. Document templates are distributed across departments and returned to budget, causing a significant amount of time to format and compile documents. The Budget Department spends hundreds of hours each year preparing, formatting, reviewing, re-formatting, and re-working reports and budget documents. These hours do not include time spent by other departments. The City of Corpus Christi's budget is complex which requires robust tools and fiscal transparency for citizens. In January 2023, the City is upgrading the Infor Enterprise Resource Planning (ERP) system which no longer supports Infor's CPM. The City must implement a new budget system before the budget process begins for fiscal year 2024. OpenGov provides data visualization and fiscal transparency tools that allows for the creation of dynamic dashboards that tie together the City's financial data in an easy-to-use manner. Features OpenGOV provides are as follows: • Staff can gather input from members of the public on topics that are important to the community. • Transparency which allows citizens to view (in real-time) the City's financial performance and other information shared by City staff and departments. • Integrates with the City's Infor ERP system. • Flexible reporting capabilities to provide Council and Leadership with real-time data for decision making. • An end-to-end solution that will streamline the development of the operating budget, capital plans, personnel plans, multi-year forecast, and the publication of the budget book. • No limit on the number of users, usage, or amount of data. PROCUREMENT DETAIL: This procurement is being facilitated through the DIR Cooperative. Contracts awarded through the DIR Cooperative has been competitively procured in compliance with Texas Local and State procurement requirements. The savings on the DIR Cooperative is $590,190 with an additional savings of $501,725 for a total savings of $1 ,091 ,915 over five-years. ALTERNATIVES: Budget process will be manual. FISCAL IMPACT: City staff was informed late in FY 2022 that Infor's CPM would not be upgraded to the new Infor platform in January 2023. Funding for OpenGov had been budgeted in the FY 2022 operating budget. However, completion of the procurement process did not occur prior to the end of FY 2022, and as a result, the funding could not be encumbered. The funding was returned to the fund balance in the General Fund at the end of FY 2022, and so this agenda item is needed to appropriate it in FY 2023 from the unreserved fund balance in the General Fund. The FY 2023 fiscal impact will be $322,438.40 from the General Fund for the initial year of the agreement. Future years will be budgeted in the amount of$239,900 annually through the budget process for a total project cost of$1 ,282,038.40. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11000 Mission Element: 251 Project # (CIP Only): Account: 530000 RECOMMENDATION: Staff recommends approval of the five-year cooperative agreement with Vertosoft, LLC, for OpenGov software licenses, support, and implementation services. LIST OF SUPPORTING DOCUMENTS: Price Sheet Statement of Work Ordinance appropriating $322,438.40 from the unreserved fund balance in the General Fund for the purchase of OpenGov budget software and support from Vertosoft, LLC, through the Texas DIR Cooperative, in order to complete an FY 2022 budget initiative; ratifying implementation and authorizing execution of a five-year cooperative purchase agreement in the amount of$1,282,038.40, with FY 2023 funding of $322,438.40 from the General Fund; and amending the FY 2023 Operating Budget to increase expenditures by $322,438.40. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $322,438.40 is appropriated from the unreserved fund balance in the No. 1020 General Fund for the purchase and implementation of cloud-based OpenGov budgeting software. SECTION 2. The City Council ratifies implementation of this project and authorizes the City Manager, or his designee, to execute a five-year cooperative purchase agreement through the Texas DIR Cooperative (DIR-TSO-4227) with Vertosoft, LLC, for OpenGov software licenses, support, and implementation services, with FY 2023 funding of $322,438.40 from the General Fund for the initial year of the agreement, with future years' fees for licenses and support subject to sufficient annual appropriations. SECTION 3. The FY 2022-2023 Operating Budget, adopted by Ordinance No. 032855, is amended to increase expenditures by $322,438.40. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Budget Module Replacement D I R-TSO-4227 Vertosoft LLC Leesburg, VA Item Description Qty Cost Price 1 Budget & Planning - Year 1 1 $208,198.97 $208,198.97 Multi-Approval Workflows for Finance - 2 Year 1 1 $31 ,701 .03 $31 ,701 .03 3 Custome Professionsl Services Developme 357 $231 .20 $82,538.40 Subtotal - Year 1 $322,438.40 4 Budget & Planning - Year 2 1 $208,198.97 $208,198.97 Mult-Approval Workflows for Finance - 5 Year 2 1 $31 ,701 .03 $31 ,701 .03 Subtotal - Year 2 $239,900.00 6 Budget & Planning - Year 3 1 $208,198.97 $208,198.97 Mult-Approval Workflows for Finance - 7 Year 3 1 $31 ,701 .03 $31 ,701 .03 Subtotal - Year 3 $239,900.00 8 Budget & Planning - Year 4 1 $208,198.97 $208,198.97 Mult-Approval Workflows for Finance - 9 Year 3 1 $31 ,701 .03 $31 ,701 .03 Subtotal - Year 4 $239,900.00 10 Budget & Planning - Year 3 1 $208,198.97 $208,198.97 Mult-Approval Workflows for Finance - 1 1 Year 3 1 $31 ,701 .03 $31 ,701 .03 Subtotal - Year 5 $239,900.00 Grand Total $1,282,038.40 (E) OPENGOV Statement of Work City of Corpus Christi, TX Created by: Ariana Tuckey Creation Date: 09/28/22 Document Number: DD-02694 Version Number: 2 Overview Preamble 2 Methodology Project Initiation 4 Best Practice Review 4 Configuration 4 Validation 5 Deploy 5 Project Completion 5 Project Schedule Roles and Responsibilities Roles and Responsibilities Matrix 6 Governance Regular Communication Components 8 Commitment to Project Direction and Goals 9 Escalation Process Process 10 Escalation Requirements 10 Documentation 11 General Project Commitments Project Scope OpenGov Reporting &Transparency Platform 12 OpenGov Reporting &Transparency Platform Project Deliverables 12 1 G) OPENGOV Project Tasks 12 Initiate 12 Best Practices 13 Configuration 13 Validation 14 Deploy 14 OpenGov Budgeting& Planning 15 Budget& Planning Project Deliverables 15 Project Tasks- Budgeting and Planning 15 Initiate 15 Best Practices 17 Configure 17 Validation 19 Deploy 19 Financial Integration 20 Financial Integration Deliverables 20 Financial Integration Tasks 20 Initiate 20 Configuration 21 Validation 21 Deploy 22 Acceptance 22 Acceptance Process 22 Acceptance Requirements 23 Change Management 23 Travel 24 1. Overview U. Preamble This Statement of Work ("SOW') identifies services that OpenGov, Inc. ("OpenGov" or "we") will perform for City of Corpus Christi, TX("Customer" or"you") pursuant to that order for Professional Services entered into between OpenGov and the Customer ("Order Form") which references the Software Services Agreement or other applicable agreement entered into by the parties (the "Agreement'). • Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Software Services Agreement between OpenGov 2 G) OPENGOV and City of Corpus Christi, TX. • Customer's use of the Professional Services are governed by the Agreement and not this SOW. • Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. • In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. • This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. • OpenGov will be deployed as is. Customer has access to all functionality available in the current release. OpenGov Implementation Methodology Project Validation ■ • Best Practices Review 10 r Completion 00 Initiation Best Practice Review Validation Go Live Project Completion Key Activities; Learning and application of Best Key Activities: Practices,Hand s-onWorkshop5,Ad min Tralring KeyActk"es: KeyActMlles: System Key ACtivilft:Final Introductions,project plan Key Work Proclucm Document Request Configuration Review, In use Acceptance.Transition to review,establish Charter Checklists,Solution Recommendation,DM Map, user Acceptance resting, Customer Success and plan timelines Solution Document Data Conflrmation,User Key Work Products: Manager and Technical Training Project Dwwrnentatlon Support,Feedback survey Key Work Products:Rales and responsibilities Configuration Key Work pests;Data Key Work Products;Project Overview,Project Plan, Key Activitles:Application and Sol utlon Validation,Customer Acceptance,Transition Charter and Schedule Con%uratlon,Initial Data Migration Review Key Wolk Products:Solution Configuration,Peer Review,Solution Document Stakeholder ■.r- and metrics for 2. Methodology OpenGov's deployment methodology, often referred to as the OpenGov Way("OG Way'), delivers on OpenGov's mission to power more effective and accountable governments. 'It is an innovative, modern, and iterative approach that leads our customers to successfully deploy our products and help them successfully achieve their vision. The OG Way differentiates itself in the market by its foundation of customer empowerment. We rely on our years of experience working with governments, leading in governments, and leveraging best practices from the public and private sector in order to coach our customers through the change management needed to leverage our quality software. This methodology requires a degree of focus and engagement to ensure 3 G) OPENGOV collaboration between both parties to produce the desired results in a timely manner. We look forward to our partnership and can't wait to show you how The OG Way will improve the way you do business and the services you're able to provide to your citizens! Project Initiation During project initiation, we will introduce project resources, review the products and services purchased, finalize project timelines, and conduct the kickoff meeting. Both OpenGov and Customer are responsible for assigning their Project Managers for the project. We will hold a planning meeting to review all project documents OpenGov has received to date.We'll also provide additional worksheets that need to be included. We'll set-up meetings to finalize the project plan and ensure there is a centralized location for these documents to be stored for collaboration. Lastly, we'll determine the date for the larger kickoff meeting and discuss the agenda for this critical meeting. Best Practice Review • OpenGov will provide your team with access to OG University and OpenGov's Resource Center so that you can start learning. • OpenGov provides checklists with samples of data and information that we'll need completed. We will obtain all data and integration information at this time in our standard format. • We will review your agency-specific documents to validate your business requirements. • We will then coach you on our best practices by showing you how our tool works in the most effective manner. • Based on our best practices review and domain expertise, we will make solution recommendations. • We will align with your team based on our understanding of your operating processes based on technical requirements and product functionality. • OpenGov will review all data and integration requirements. A data map will be mutually agreed upon and signed off on by Customer. • OpenGov will present a solution document to be mutually agreed upon prior to starting the configuration. Configuration • We will set-up the base configuration based on the mutually agreed upon solution document. • We will mutually configure the use cases based on the mutually agreed upon solution document. • We will migrate your data based on our mutually agreed upon data map. 4 Q OPENGOV Validation • Customer reviews the completed work performed during configuration. • The appropriate members of the Customer project team will confirm that the solution has been configured correctly based on the solution and data mapping documents by testing the use of the solution. • Training will be provided based on the selected package, or as set forth herein. • Any items that were configured or migrated incorrectly based on the data map and solution document will be tracked via an issue log. We will work with your team to identify deployment critical issues that will be worked out prior to launch. If the item is not included in the mutually agreed upon data map and solution document, a mutually agreed upon change order will be discussed as defined in Section 10 Change Management of this SOW. • The exit criteria for this phase is the sign off by the Customer's Project Manager of the configuration based on the mutually agreed upon solution and data map as defined in Section 9 Acceptance of this SOW. Deploy • The solution is usable by Customer. Project Completion • Customer is sent a project acceptance form to sign as defined in Section 9 Acceptance of this SOW. • Customer will be asked to respond to a brief survey to provide feedback about the experience. • Customer is introduced to Customer Support and educated on how to engage with customer support based on Customer's procured package. Project Schedule OpenGov will schedule resources for this project upon signature of the Order Form. Unless specifically noted, the OpenGov assigned project manager (as identified below or such alternate designated by OpenGov, the"OpenGov Project Manager')will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. 5 Q OPENGOV 4. Roles and Responsibilities 4.1. Roles and Responsibilities Matrix OpenGov Role Role Description Executive Sponsor Responsible for ensuring alignment on project value proposition and ("ES") vision. Escalation point for Customer Executive Sponsor to mitigate any risks that the project team cannot resolve. Executive Sponsor attends monthly(or other frequency)executive meetings to review deployment status, documented issue list, status and closure summary. Project Manager("PM") Responsible for the delivery of the professional services based upon the agreed upon contract and SOW within the budgeted hours and timeframe. Ensures the project is properly forecasted, assigns tasks/resources, and tracks toward project completion. Holds executive steering committee meetings and/or quarterly business reviews as appropriate to ensure project issues are properly escalated and success is achieved. Facilitates the transition to support. Implementation Responsible for helping Customer configure OpenGov's product suites Analyst("IA') as assigned. The IA is the primary consultant, guiding Customer through configuration working sessions to put together successful workflows. Subject Matter Expert OpenGov Subject Matter Experts("SMEs")will engage in strategy, ("SME") design, and execution discussions internally and with Customer during the deployment. The SME has a specific area of expertise, and depending on the scope of the project more than one SME may engage. The SME will not be on all working sessions, but will be involved per the direction of the OpenGov Project Manager. Data Solutions Responsible for migrations, conversions, and integrations as Engineer("DSE") assigned. Responsible for providing clear direction on specifications to ensure proper delivery of migration, conversions, and integrations. Clear data mapping and data validation to be provided with customer sign-offs obtained by the OpenGov Project Manager. Account Executive The Account Executive is responsible for the sales cycle. Aligning on ('AE") program vision,value proposition, and contract terms. The Account Executive will facilitate project kickoff along with the OpenGov Project Manager. The Account Executive will be engaged with the 6 G) OPENGOV customer throughout their journey with OpenGov, post-deployment and beyond. Customer Success The Customer Manager("CSM")is the primary customer relationship Manager("CSM") holder post-Deploy.The"Air Traffic Controller'or"Quarterback"of OpenGov resources with focus on long term success of Customer's partnership with OpenGov. The CSM will engage with Customer to discuss adoption strategy and conduct periodic reviews to ensure Customer's key stakeholders understand all OpenGov offerings and how they align to key Customer priorities. The CSM will be introduced at deployment kickoff, but will not be an active participant in deployment working sessions. As the deployment approaches closure, the CSM's engagement will ramp-up, and the OpenGov Project Manager to CSM meeting with Customerwill occur prior to Project Completion. Customeru Role Role Description Budget Owner("BO") The Customer Budget Owner commits the funds to the project deployment, assesses the value to the cost(ROI), and approves changes orders. In some cases, the Budget Owner and Executive Sponsor are the same person. Executive Sponsor Responsible for ensuring Customer team is aligned to core project ("ES") value proposition and goals. Able to intervene if the project goes off track, and has ability to make decisions on timeline and budget when decisions are stalled. The Executive Sponsor is not expected to regularly attend deployment working sessions. Executive Sponsors, attend monthly(or other frequency)executive meetings to review deployment status, documented issue list, status and closure summary. Project Manager("PM") Serves as the primary contact for OpenGov Project Initiation, Best Practice Review, Configuration, Validation, Deploy, Project Completion. Coordinates meetings and schedules. Controls communication between the Customer and OpenGov project teams. Project Lead("PL") Is an internal SME in the functional area of deployment.Attends working sessions, trainings, and responsible for reviewing configurations. Primary OpenGov counterpart will be the IA. Data and SystemsLead Responsible for mapping out data infrastructure and validating ("DSL") migration, conversion, integration requirements. Someone who is able to connect OpenGov team with any of Customer's third-party data 7 G) OPENGOV sources and vendors as needed tofu If i I I SOW requirements. 5. Governance Project Governance provides the foundation and framework to manage deployments by assessing progress and addressing questions and challenges during the course of deployment. OpenGov follows three guiding principles for governance to maximize the deployment value with our customers: • Regular communication aligned to the agreed upon project plan and timing will occur. OpenGov expects Customers to raise questions or concerns as soon as they arise. OpenGov will do the same, as we can only address items when known. • Executive involvement is expected from both OpenGov and Customer. Not only may Executives be called upon to clarify expectations and/or confusion, but also to steer strategic items to maximize the value through the deployment. • Commitment to the direction outlined in this SOW and critical assessment change orders to ensure they drive value. 5.1. Regular Communication Components Purpose . . Meeting -- hwul. OpenGov Customer Quarterly Engagement Quarterly Overview of PM, ES, PM, PL, ES, Management Review Program Status, others as others as Review("QMR") Value Realization, necessary necessary trends, savings reports, program improvement, technology, and discuss program adjustments Statement Bi-Annually Review of PM, ES, AE, PM, BO. ES Committee milestones per CSM commercial agreement, review budget and fiscal 8 G) OPENGOV matters. Discuss strategic direction from deployment, alignment of OpenGov with Customer's 3-year roadmap, evaluate potential shift in strategy and impact to relationship Executive Sponsor Meeting Monthly/ Discuss PM, ES, PM, ES, Bi-Monthly deployment: plus others plus others -Strategicimpacts: as as timing, scope, necessary necessary process -Value prop changes, confusion - Project specific: items that need guidance, support and/or clarity Weekly Deployment Updates Weekly Summary of project Project Project actions against Team+ Team + project plan. ES(s) ES(s) Risks and achievements highlighted in addition to asks of leadership. 5.2. Commitment to Project Direction and Goals This SOW is the direction agreed upon by Customer and OpenGov. Transparency of the plan is paramount for our Customers to attain the value the SOW or any subsequent change order outlines. 9 G) OPENGOV Should direction of the deployment become disconnected, OpenGov and Customer Project Managers will outline the gaps as they understand them and communicate the gaps to their respective Executive Sponsor(s)(or Project Teams)for discussion and resolution. The communication path for this engagement will be outlined in the kickoff meeting, documenting both phone numbers and email. The general path is: OpenGov Project Manager --* Professional Services Sr. Manager / SVP --* OpenGov Executive Sponsor 6. Escalation Process The purpose of this section is to define the escalation process, should it be needed, to support closing issues that are raised and discussed to move forward with the deployment. OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation. 6.1. Process • Identification of an issue impeding deployment progress. • Customer or OpenGov Project Manager summarizes the problem statement and impasse. • Customer and OpenGov Project Managers will outline solution, acceptance or schedule executive review in accordance with SLA as defined in Section 7 General Project Assumptions. • Resolution will be documented and signed off following executive review in accordance with SLA as defined in Section 7 General Project Assumptions. 6.2. Escalation Requirements • OpenGov and Customer Project Managers will summarize the impasse and recommendation to present at scheduled or ad hoc executive meetings. Unless otherwise noted in this SOW, Customer Project Manager can approve how hours are used, but not where funding is required. • Executive Sponsors attend monthly (or other frequency) executive meetings to review deployment status, documented issue list, status, and closure summary. • Steering Committees,where applicable,will be the arbitrator to direction and issue closure. Unless otherwise noted in this SOW, the Customer Executive Sponsor must approve change orders that result in additional cost. • Customer or OpenGov Subject Matter Experts may be requested to provide input to the issue and assist in closure. Both Customer and OpenGov will make best effort to enable those Subject Matter Experts to be available and participate. 10 Q OPENGOV 6.3. Documentation • Issue Escalation: Problem Statement with clear impact to the deployment and/or engagement. • Acceptance Document: Will include any change order(s) or other process adjustments required and summary of the resolution. • Notes from project meetings, executive reviews, and Steering Committee meetings, as appropriate. 7. General Project Commitments OpenGov is excited to work with Customer on the implementation of our OpenGov ERP Cloud. In order to ensure we are able to meet the project timeline and ensure Customer is successful in this implementation, OpenGov asks that Customer abide by the General Assumptions detailed in this SOW. • This SOW is limited to the Implementation of the OpenGov Cloud as defined in the Project Scope. Any additional services or support will be considered out of scope. • Customer will commit and provide access to all necessary stakeholders and subject matter experts, and other key parties whose roles are defined in Section 4.1, necessary to the successful implementation of the OpenGov ERP Cloud as defined in this SOW. • OpenGov will perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in the City of Corpus Christi, TX in order to complete its responsibilities under this SOW. OpenGov will work with Customer to determine which activities will be performed on-site during the Initiate phase of the project. • Customer is responsible for internal change management associated with the purchase of new software. • Response Protocol • OpenGov and Customer commit to responding to inquiries, updates, or any other project-related matters in no more than 10 business days throughout the course of this project. If Customer is delayed in its response, Customer acknowledges that: a)the delay may impact the project schedule; and b)any fees for Professional Services due to OpenGov after such delay shall become due and OpenGov may invoice Customer for such prepayment. • As set forth in Section 6.1(e) of the Agreement, if extended delays in Customer responsiveness are encountered, OpenGov may opt to put the project into an "On Hold" status, which includes causing OpenGov to stop or cause to be stopped the Professional Services to be provided to the Customer, until the Customer has fulfilled its obligations set forth in the On Hold Notice as described in the Agreement. 11 G) OPENGOV o The Professional Services will be provided during regular business hours (8am to 6pm Central Time)Monday through Friday(holidays excluded). • SOW Expiration: o This SOW is valid for up to 90 days from the Creation Date, or as agreed to in writing by OpenGov and Customer. 8. Project Scope 8.1. OpenGov Reporting & Transparency Platform 8.1.1. OpenGov Reporting & `transparency Platform Project Deliverables Deliverable Description OpenGov Cloud based Reporting& Transparency Platform that includes: Reporting& • Stories Transparency • Community Feedback Platform • Reporting • Dashboards • Transparency Portal 8.1.2. Prciect Tasks The tasks listed below are required for OpenGov and Customer to successfully complete the OpenGov Reporting &Transparency Platform implementation. 8.1.2.1. ,nitiate Functionality Description Provisioning OpenGov will provision Customer's OpenGov entity and verify Customer has Reporting& access to all purchased modules. Transparency Platform OpenGov OpenGov will provide access to OpenGov University online training courses University intended to teach users on the basics of the Reporting& Transparency Platform Platform. Training Stories and OpenGov will build out an example of a Story: 12 G) OPENGOV Community • One standard story based on available templates in OpenGov. Feedback Examples OpenGov will build out an example of a topic in Community Feedback. Initial Data OpenGov will upload any applicable datasets to the OpenGov Platform. Migration • Base Budget File • Historical Budget and Transactions Files, including beginning balances • Budget Reference Year data files OpenGov will accept flat files such as CSV, Text, and/or Excel 8 1 9 9 P--t Prartirae �a Overview of OpenGov assesses and identifies how best to configure and map data to Best Practice ensure success based on materials provided by Customer. Stories and The Implementation Analyst will conduct a review of the examples created. Community Feedback Review Solution OpenGov will present a solution document to be mutually agreed upon prior to Document beginning configuration. 8.1.2.3. Configuration Functionality Description Chart of OpenGov will Accounts • Review and give feedback on Customer's general ledger chart of accounts • Provide a functional build of the proposed OpenGov Chart of Accounts, and gain sign off on acceptance from Customer. • Configure OpenGov Chart of Accounts in OpenGov system OpenGov Reports OpenGov will: • Set up 3 OpenGov reports(Annual, Budget to Actuals, and Transactions) 13 Q OPENGOV 8.1.2.4. Validation Functionality Description Chart of Once built in OpenGov system, Customer will validate and sign off on Accounts transformed Chart of Accounts. Data Customer will validate and sign off on the datasets uploaded as part of the implementation. 11ITraining Stories OpenGov will review configured story and provide training to Customer on how to: • Create new stories • Update/Maintain current stories • Publish internally and externally Training OpenGov will Community • Present configured Community Feedback site and theme. Feedback • Provide training to Customer on Community Feedback Functionality Training OpenGov will review configured OpenGov reports. OpenGov OpenGov will provide training Customer on report: Reports • Configuration • Update/Maintenance • Publishing internally and externally Training OpenGov will provide training to Customer on Dashboard: Dashboards • Configuration • Update/Maintenance • Publishing internally and externally Reporting& OpenGov will review configured Chart of Accounts(COA)and uploaded data. TransparencyTr OpenGov will provide training to Customer on Platform maintenance: aining • Users • Uploading data • Maintaining COA Sign Off Customer will sign off that they have: • Configured Story 14 G) OPENGOV • Configured Community Feedback • Configured OpenGov reports • Training has been provided on Stories, Community Feedback, OpenGov reports, Dashboards 8.2. OpenGov Budgeting & Planning 8.2.1. Budget & Planning Project Deliverables Functionality DescriptionI OpenGov Budgeting & Planning Suite, includes: Budgeting& • Operating Budget Planning Suite • Workforce Planning • Capital Improvement Project Budgeting • Online Budget Book • Budget Reporting 8.2.2. Protect Tasks - Budcietinci and Planning The tasks and responsibilities listed below are required for OpenGov and Customer to successfully complete the OpenGov Budgeting and Planning Suite implementation. n n 7 1 Init0-+- Functionality Description Documentation Customer to provide OpenGov: Receipt • Budget export • Examples of the documentation currently provided to department • Budget schedule • Management budget reports example OpenGov During the initial phase, OpenGov will provide system training to University administrators. Training will include: Budget Training • How to create o a budget o a proposal o a worksheet 15 G) OPENGOV o add a line item o reselect line items o submit a budget • Reporting overview • Stories overview • Community Feedback Overview • Workforce Planning Overview Budget and OpenGov will build out examples of best practices for budgeting solutions: Workforce Solution Operating Examples • 2 budget instances in OpenGov • 2 proposals for each budget instance(Traditional and OpenGov) • 3 budget reports o Operating Budget Development o Operating Budget Details o Operating Budget Categories • 1 budget story for review Capital • 1 budget instances in OpenGov • 2 proposals • 3 budget reports o Capital Budget Development o Capital Budget Details o Capital Budget Categories • 1 capital story for review Workforce Planning Shell • 4 Standard cost elements o Wages o Insurance o Retirement o Taxes Online Budget OpenGov will build out: Book Examples • Look and feel of Online Budget Book • Best practice templates for: o Home Page o Generic(multi-use) o Operating o Department o Capital o Capital Project 16 G) OPENGOV 8.2.2.2. Best Practices Functionality Description Overview of 0penGov assesses and identifies how best to configure and map data to Best Practice ensure success based on materials provided by Customer. Budget and The Implementation Analyst will conduct a review of the examples created Workforce and work with the customer to confirm a budget format on which to move Solution forward. Online Budget The Implementation Analyst will conduct review of Online Budget Book Book Solution templates and work with Customer to confirm format and approach. Solution OpenGov will present a solution document to be mutually agreed upon prior to Document beginning configuration. 8._ Functionality Description Base Budget OpenGov will configure and upload Customer's base budget file into OpenGov. File Budget Based on the Review and Confirmation phase OpenGov OpenGov will set up Configuration Customer's preferred budget format: Operating • 1 Budget instance • Up to 50 Proposals(Department) • Corresponding worksheets(single, fund, division, or function) • 1 standard budget Story template Capital • 1 Budget instance • Up to 50 Proposals(Department or Project) • Corresponding worksheets(single, fund, division, or function) • 1 standard capital Story template Based on the review of the Workforce Planning Shell and with the guidance of the Implementation Analyst, Customer will: • Buildout remaining cost elements • Populate position template • Validate Workforce calculation 17 G) OPENGOV Budget OpenGov will hold working sessions between the Implementation Analyst and Configuration Customer for the purpose of validating, reviewing, and iterating upon draft Working budget instances. Session will focus on: Sessions • Set up • Structure • Workflow • Useraccess Administrator OpenGov will provide 1, 60-Minute training session(s)to enable Customer's Budget Budget Administrators to manage and maintain their OpenGov budgets Management including: Training • User access • Approval workflow • Cloning • Phases • Proposal status Dataset and OpenGov will set up 1 export and dataset view to enable budget reports View Configuration Budget OpenGov will configure up to 8 budget reports to include: Report(s) Operating • Operating Budget Milestones • Operating Budget Development • Operating Budget Details • Operating Budget Categories Capital • Capital Budget Development • Capital Budget Details • Capital Budget Categories • Capital Plan Report Budget OpenGov will provide1, 60-Minute training session(s)to enable Customer to Exports and own, manage and maintain their OpenGov Budget Data and Reports including: Reporting • Exports Training • Dataset views • Reports Online Budget OpenGov provide one 60-Minute session for training on the following topics: Book • Using and copying templates Administrator • How Datasets and Reports work in Stories Training • How the Online Budget Book works with Transparency Portal 18 G) OPENGOV • Preparing for updating and ongoing use Online Budget Once templates are finalized, OpenGov will: Book • Create one Story shell from templates for Configuration o Up to 50 departments o Up to 50 projects • Create up to 2 reports for use in the Online Budget Book • Create OpenGov report views and add report tiles to created templates. OpenGov will provide up to 10 one-hourworking sessions to answer Customer questions on Online Budget Book Configuration. Once trained, Customer will: • Build out remaining Stories required for Online Budget Book to include: o Narrative o OpenGov Report Views o Images o Data not in OpenGov • Set up additional Online Budget Book stories. • Create views in Online Budget Book Report(s) • Add report views to online budget book stories • Add narrative content to Online Budget Book Stories • Add any additional content to Online Budget Book Stories • Make Stories public and Publish Online Budget Book Validation of The OpenGov Project Manager and Implementation Analyst will confirm with Configured Customer's Project Lead that all budget proposals are configured properly Budgets based on the agreed upon format. Functionality Description Internal Budget OpenGov will provide up to 3, one-day onsite training session(s)to enable User Training Customer's internal users to understand budgeting requirements. Sign Off Customer will provide written sign off that all Budgets and Reports have been 19 G) OPENGOV configured based on agreed upon formats. 8.3. Financial Integration 93,3,1 :immnr.-w Intmmrmition n#mi;ve%rnhi#mQ Financial OpenGov will work with Customer's IT Staff and Project Team to set up a one Integration way data integration from Lawson to OpenGov 8.3.2. Financial lntegration Tasks The tasks listed below are required for OpenGov and Customer to successfully complete the Financial Integrations with OpenGov. rSolufloonftview OpenGov will review the proposed solution with Customer • Functionalities to be Integrated o Actuals(Revenue and Expenses) o Budget • Integration Approach o SFTP(File Transfer) • OpenGov Assumes: o The data will be linked to the Customer's COA. o Integration is unidirectional from the Customer's accounting software into OpenGov. Data Files Customer will provide the data in the required format associated with the [SFTP] functionalities • Data Files for Historical Years • Data Files for Current Year • Automate the file transfers into the OpenGov SFTP location Data Analysis OpenGov will perform the data analysis • To align with the required functionalities • To align with the COA 20 Q OPENGOV 8.3.2.2. Configuration Functionality Description Integration OpenGov will perform the following Setup • SFTP Setup • Sample File Format • OpenGov Assumes: • OpenGov will require assistance from Customer to understand source system specific customizations and configurations when building the data extract.When OpenGov is not able to access or extract data as per requirements, Customer should provide the data files in CSV format into OpenGov SFTP Location. • When the source accounting software is hosted by a third party vendor on behalf of Customer, Customer is responsible for brokering OpenGov's access to Customer's data residing at the vendor's premises in accordance with OpenGov's data formatting requirements. Configuration OpenGov will perform the Configuration to and Testing • Extract, Transform(when required)and Load the data • Build Reports for the required functionalities • Initial validation of data 8.3.2.3. Validation Functionality Description Data Validation OpenGov team to work with Customer to • Validate the historical data • Validate the current year data • OpenGov Assumes: • Customer will provide data to validate against(PDF export). Data should be received prior to the start of the integration. • OpenGov will perform the validation for data accuracy for the Integration, working jointly with Customer team to approve the Financial Integration data. 21 G) OPENGOV 8.3.2.4. Deploy Functionality Description Deployment and 0penGov will perform the Configuration to Wrap Up • Schedule the current year data load • Provide training to the administrators • Monitor the data load Sign Off Customer will complete OpenGov-provided sign off document acknowledging • Accuracy of the data for historical years and current year associated with the functionalities • Accuracy Reports associated with the functionalities • Training was provided on the Integration Functionalities 9. Acceptance 9.1. Acceptance Process All Deliverables require acceptance from the Customer Project Manager(s) following the completion of Deliverables and upon Project Closure. Customer is responsible for conducting any additional review or testing of such Deliverable pursuant to any applicable mutually agreed upon acceptance criteria agreed upon by the parties for such Deliverable. Upon completion of these phases, the OpenGov Project Manager shall notify the Customer Project Manager(s)and provide the necessary documents for review and sign off. The following process will be used for accepting or acknowledging Deliverables and Project Closure: • OpenGov shall submit the completed Deliverables to Customer to review or test against the applicable acceptance criteria. Customer shall notify OpenGov promptly of its acceptance or rejection in accordance with the agreed upon acceptance criteria. • Customer must accept all Deliverables that meet the applicable acceptance criteria. OpenGov Project Manager will provide the Customer Project Manager with the OpenGov Acceptance form to sign off on the Deliverable and project. Once all Deliverables required to meet a particular phase have been accepted or are deemed accepted, the phase shall be deemed complete. • Upon completion of the phase or project, OpenGov allows Customer 10 business days to communicate that the particular Deliverable(s) does not meet Customer's requirements. Failure to communicate that the particular Deliverable(s) does not meet Customer's requirements will be deemed as acceptance and any further work provided to remedy Customer's complaint might incur additional cost. • Customer shall provide to OpenGov a written notice detailing the reasons for rejection and the nature of the failure to meet the acceptance criteria. OpenGov shall make best effort to 22 G) OPENGOV revise the non-conforming Deliverable(s)to meet the acceptance criteria and re-submit it to Customer for further review and testing. • If the acceptance form is not received in accordance with Section 7 General Project Assumptions, the project phase and/or project will be considered accepted and automatically closed. 9.2. Acceptance Requirements • All acceptance milestones and associated review periods will be tracked on the project plan. • The Customer Project Manager will have decision authority to approve/reject all project Deliverables, Phase Acceptance and Project Acceptance. • Any open issues shall receive a response in accordance with Section 7 General Assumptions of this SOW following the Validation Acceptance review, or as mutually agreed upon between the parties, for resolution prior to advancing on in the project. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. • For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. 10. Change Management This SOW and related efforts are based on the information provided and gathered by OpenGov. Customer acknowledges that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: • Change Order - Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: • Timeline for completion • Sign off process • Cost of change and Invoice timing • Signed by OpenGov and Customer Executives approving funds. Change documentation will be mutually agreed upon as defined in Section 7 General Assumptions of this SOW. Should that not occur, the change will be added to the next Executive Sponsor agenda for closure. 23 Q OPENGOV Example of changes that might arise during a deployment: • Amending the SOW to correct an error. • Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. • Change in type of OpenGov resources to support the SOW. All Travel and Lodging expenses will be approved in advance in writing by the Customer Project Manager prior to OpenGov incurring any such expenses and booking non-refundable travel expenses. Such expenses shall be in compliance with Customer's travel and expense guidelines provided to OpenGov. Unless otherwise agreed to by the parties, such travel and expenses shall not exceed $10,000 for the work specified in this SOW. If additional travel is needed as per discussion with the Customer, it will be mutually agreed upon and be billed as incurred. OpenGov Date Josh Chronley, Asst Director Finance-Procurment Date City of Corpus Christi As Approved To Legal Form Asst. City Attorney Date 24 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 SC > CO-OPERATIVE PURCHASE AGREEMENT NO. 4441 U Budget Module Replacement fhaaaoRp�� 1852 THIS Budget Module Replacement Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Vertosoft, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide Budget Module Replacement in accordance with its agreement DIR-TSO-4227 (the "Co-operative Agreement"), which is incorporated by reference into this Agreement as if fully set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor shall provide Budget Module Replacement in accordance with the attached quote ("Quote"), as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 3. Term. The Term of this Agreement is five years beginning on the date provided in the Notice to Proceed from the City's Contracts & Procurement Division. The parties may mutually extend the term of this Agreement for up to zero-additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 4. Compensation and Payment. This Agreement is for an amount not to exceed $1,282,038.40, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Invoices must be mailed to the following address: City of Corpus Christi Attn: Accounts Payable P. O. Box 9277 Corpus Christi, TX 78469-9277 5. Contract Administrator. For the purposes of this Agreement, the City's assigned contract administrator ("Contract Administrator") is the Director of Information Technology or the Director's designee ("Director"). The Contract Administrator is responsible for the approval of all phases of performance and operations under Co-operative Purchase Agreement-OpenGov Software (Vertosoft LLC) Page 1 of 3 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 this Agreement, including deductions for non-performance and authorizations for payment. 6. Notice. Any notice required under this Agreement must be given by email, fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day emailed or faxed with proof of transmission, on the day hand-delivered, or on the third day after postmark if sent by certified mail. Notice must be sent as follows: If to City: With a copy to: City of Corpus Christi City of Corpus Christi Attn: Peter Collins Attn: Eddie Houlihan IT Director Management & Budget Director 1201 Leopard St. P. O. Box 9277 Corpus Christi, TX 78401 Corpus Christi, TX 78469-9277 Email: peterc@cctexas.com Email: eddieho@cctexas.com Fax: (361) 826-3174 Fax: (361) 826-3174 If to Contractor: Vertosoft, LLC Attn: David Ball, Sales 1602 Village Market Blvd., Suite 215 Leesburg, VA 20175 Email: sales@vertosoft.com Fax: 571-291-4119 7. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured, and the City Attorney must be given copies of requested insurance policies within 10 days of the City Manager's written request for the same. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 8. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Co-operative Purchase Agreement-OpenGov Software (Vertosoft LLC) Page 2 of 3 DocuSign Envelope ID:717F1 C38-5F95-4854-BB30-3304D2FAC9B1 9. Amendments. This Agreement may be amended only in writing, following the change procedure set out in Attachments A and B, as applicable, and signed by authorized representatives of each party. 10. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire understanding and agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR DocuSigned by: Signature: ym—� faa FBF56D8093FF4F3... Printed Name: David Ball Title: senior Director Date- 11110/2022 CITY OF CORPUS CHRISTI Josh Chronley Date Assistant Director of Finance — Contracts & Procurement APPROVED AS TO FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Quote & Statement of Work Attachment B: Software Services Agreement Attachment C: Insurance Requirements Incorporated by Reference Only: Co-operative Agreement: DIR-TSO-4227 Co-operative Purchase Agreement-OpenGov Software (Vertosoft LLC) Page 3 of 3 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 Attachment A: Quote & Statement of Work --Vertosoft ertosoft QUOTE NUMBER David Ball Holly Houghton 8504 Vertosoft LLC 1602 Village Market Blvd,Suite 215 holly@cctexas.com November 2,2022 Leesburg,VA 20175 VALID UNTIL December 16,2022 at 11:00 AM DUNS#080431574 Cage Code:7QV38 Federal Tax ID:81-3911287 Business Size:Small Business sales@vertosoft.com Fax:571-291-4119 www.vertosoft.com 703-568-4703 Vertosoft OpenGov Quote - TX DIR - City of Corpus Christi TX Texas DIR Contract Number: DIR-TSO-4227 Payment Terms-Net 30 Delivery:Electronic Government Customer Ship To:City of Corpus Christi,TX P.O Box 9277 Corpus Christi,TX Eddie Houlihan eddieho@cctexas.com (361)826-3792 Holly Houghton holly@cctexas.com Subscription Term Start Date: 10/01/2022 End Date:09/30/2027 Fees payable during the initial five year term from 10/1/2022-9/30/2027 shall not increase until the renewal term effective 10/1/2027 OPGV-GABS-Bl2B-RR-5Y 208,198.97 Budgeting &Planning - Between$1-2 Billion-5Y-Year 1 x 1 Includes Premium Support(OPGV-GBCS-BI 2B-RR-5Y) 208,198.97 Period of Performance:10/01/2022-09/30/2023 Payment for Year 1: Billable 1/1/2023 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 OPGV-HAFB-Bl2B-RR-5Y 31,701.03 Multi-Approval Workflows for Finance - Between$1-2 Billion-5Y-Year 1 x 1 Period of Performance:10/01/2022-09/30/2023 31,701.03 Payment for Year 1: Billable 1/1/2023 OPGV-GHBP-Bl2B-NR-OY 231.20 Custom Professional Services Deployment&Travel - Fixed Fee - Between$1-2 x 357 Billion- 82,538.40 Start Date: 10/01/2022 Includes all travel costs Payment for Year 1: Billable 1/1/2023 Subtotal 322,438.40 OPGV-GABS-BI2B-RR-3Y 208,198.97 Budgeting &Planning - Between$1-2 Billion-5Y-Year 2 x 1 Includes Premium Support(OPGV-GBCS-BI 2B-RR-5Y) 208,198.97 Period of Performance:10/01/2023-09/30/2024 Payment Due Date: 10/15/2023 OPGV-HAFB-Bl2B-RR-5Y 31,701.03 Multi-Approval Workflows for Finance - Between$1-2 Billion-5Y-Year 2 x 1 Period of Performance:10/01/2023-09/30/2024 31,701.03 Payment Due Date: 10/15/2023 Su btota 1 239,900.00 OPGV-GABS-BI2B-RR-5Y 208,198.97 Budgeting &Planning - Between$1-2 Billion-5Y-Year 3 x 1 Includes Premium Support(OPGV-GBCS-BI 2B-RR-5Y) 208,198.97 Period of Performance:10/01/2024-09/30/2025 Payment Due Date: 10/15/2024 OPGV-HAFB-Bl2B-RR-5Y 31,701.03 Multi-Approval Workflows for Finance - Between$1-2 Billion-5Y-Year 3 x 1 Period of Performance:10/01/2024-09/30/2025 31,701.03 Payment Due Date: 10/15/2024 Su btota 1 239,900.00 OPGV-GABS-BI2B-RR-5Y 208,198.97 Budgeting &Planning - Between$1-2 Billion-5Y-Year 4 x 1 Includes Premium Support(OPGV-GBCS-BI 2B-RR-5Y) 208,198.97 Period of Performance:10/01/2025-09/30/2026 Payment Due Date: 10/15/2025 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 0PGV-HAFB-BI2B-RR-5Y 31,701.03 Multi-Approval Workflows for Finance - Between$1-2 Billion- 5Y-Year 4 x 1 Period of Performance:10/01/2025-09/30/2026 31,701.03 Payment Due Date: 10/15/2025 Su btota 1 239,900.00 0PGV-GABS-BI2B-RR-5Y 208,198.97 Budgeting &Planning - Between$1-2 Billion-5Y-Year 5 x 1 Includes Premium Support(OPGV-GBCS-BI 2B-RR-51) 208,198.97 Period of Performance:10/01/2026-09/30/2027 Payment Due Date: 10/15/2026 0PGV-HAFB-BI2B-RR-5Y 31,701.03 Multi-Approval Workflows for Finance - Between$1-2 Billion- 5Y-Year 5 x 1 Period of Performance:10/01/2026-09/30/2027 31,701.03 Payment Due Date: 10/15/2026 Su btota 1 239,900.00 Total $1,282,038.40 OpenGov Terms of Service Annual invoices will be delivered by the start of each consecutive annual period.Payment of invoices shall be annually in advance.Customer's use of the OpenGov Services is pursuant to the the Terms and Conditions-Software Service Agreement (Purchase through an OpenGov Authorized Reseller)set forth at Any Professional Services shall be performed pursuant to the attached Statement of Work. All Purchase Orders must include:End User Name, Phone Number, Email Address, Purchase Order Number,Government Contract Number and Our Quote Number, Bill-To and Ship-To Address(Cannot ship to a PO Box), Period of Performance(if applicable),and a Signature of a duly Authorized Representative. AGREED TO AND SIGN ED by authorized representatives of each of the Parties on the dates indicated below. Vertosoft LLC DocuSigned by: City of Corpus Christi,TX By: lym,� f?a By: FBF56D8093FF4F3... Name: David Ball Name: Title: Senior Director Title: Date: 11/10/2022 Date: DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 OPENGOV Statement of Work City of Corpus Christi, TX Created by: Ariana Tuckey Creation Date: 09/28/22 Document Number: DD-02694 Version Number: 2 Overview Preamble 2 Methodology Project Initiation 4 Best Practice Review 4 Configuration 4 Validation 5 Deploy 5 Project Completion 5 Project Schedule Roles and Responsibilities Roles and Responsibilities Matrix 6 Governance Regular Communication Components 8 Commitment to Project Direction and Goals 9 Escalation Process Process 10 Escalation Requirements 10 Documentation 11 General Project Commitments Project Scope OpenGov Reporting &Transparency Platform 12 OpenGov Reporting &Transparency Platform Project Deliverables 12 1 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV Project Tasks 12 Initiate 12 Best Practices 13 Configuration 13 Validation 14 Deploy 14 OpenGov Budgeting& Planning 15 Budget& Planning Project Deliverables 15 Project Tasks- Budgeting and Planning 15 Initiate 15 Best Practices 17 Configure 17 Validation 19 Deploy 19 Financial Integration 20 Financial Integration Deliverables 20 Financial Integration Tasks 20 Initiate 20 Configuration 21 Validation 21 Deploy 22 Acceptance 22 Acceptance Process 22 Acceptance Requirements 23 Change Management 23 Travel 24 1. Overview U. Preamble This Statement of Work ("SOW') identifies services that OpenGov, Inc. ("OpenGov" or "we") will perform for City of Corpus Christi, TX("Customer" or"you") pursuant to that order for Professional Services entered into between OpenGov and the Customer ("Order Form") which references the Software Services Agreement or other applicable agreement entered into by the parties (the "Agreement'). • Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Software Services Agreement between OpenGov 2 DocuSign Envelope ID:717F1 C38-5F95-4854-BB30-3304D2FAC9B1 G) OPENGOV and City of Corpus Christi, TX. • Customer's use of the Professional Services are governed by the Agreement and not this SOW. • Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. • In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. • This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. • OpenGov will be deployed as is. Customer has access to all functionality available in the current release. OpenGov Implementation Methodology Ilk Project Validation ■ • Best Practices Review 10 r Completion 00 Initiation Best Practice Review Validation Go Live Project Completion Key Activities; Learning and application of Best Key Activities: Practices,Hand s-onWorkshop5,Ad min Tralring KeyActk"es: KeyActMlles: System Key ACtivilft:Final Introductions,project plan Key Work Proclucm Document Request Configuration Review, In use Acceptance.Transition to review,establish Charter Checklists,Solution Recommendation,DM Map, user Acceptance resting, Customer Success and plan timelines Solution Document Data Conflrmation,User Key Work Products: Manager and Technical Training Project Dwwrnentatlon Support,Feedback survey Key Work Products:Rales and responsibilities Configuration Key Work pests;Data Key Work Products;Project overview.Project Plan, Key Activitles:Application and Sol utlon Validation,Customer Acceptance,Transition Charter and Schedule Con%uratlon,Initial Data Migration Review Key Wolk Products:Solution Configuration,Peer Review,Solution Document Stakeholder ■.r- and metrics for 2. Methodology OpenGov's deployment methodology, often referred to as the OpenGov Way("OG Way'), delivers on OpenGov's mission to power more effective and accountable governments. 'It is an innovative, modern, and iterative approach that leads our customers to successfully deploy our products and help them successfully achieve their vision. The OG Way differentiates itself in the market by its foundation of customer empowerment. We rely on our years of experience working with governments, leading in governments, and leveraging best practices from the public and private sector in order to coach our customers through the change management needed to leverage our quality software. This methodology requires a degree of focus and engagement to ensure 3 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV collaboration between both parties to produce the desired results in a timely manner. We look forward to our partnership and can't wait to show you how The OG Way will improve the way you do business and the services you're able to provide to your citizens! Project Initiation During project initiation, we will introduce project resources, review the products and services purchased, finalize project timelines, and conduct the kickoff meeting. Both OpenGov and Customer are responsible for assigning their Project Managers for the project. We will hold a planning meeting to review all project documents OpenGov has received to date.We'll also provide additional worksheets that need to be included. We'll set-up meetings to finalize the project plan and ensure there is a centralized location for these documents to be stored for collaboration. Lastly, we'll determine the date for the larger kickoff meeting and discuss the agenda for this critical meeting. Best Practice Review • OpenGov will provide your team with access to OG University and OpenGov's Resource Center so that you can start learning. • OpenGov provides checklists with samples of data and information that we'll need completed. We will obtain all data and integration information at this time in our standard format. • We will review your agency-specific documents to validate your business requirements. • We will then coach you on our best practices by showing you how our tool works in the most effective manner. • Based on our best practices review and domain expertise, we will make solution recommendations. • We will align with your team based on our understanding of your operating processes based on technical requirements and product functionality. • OpenGov will review all data and integration requirements. A data map will be mutually agreed upon and signed off on by Customer. • OpenGov will present a solution document to be mutually agreed upon prior to starting the configuration. Configuration • We will set-up the base configuration based on the mutually agreed upon solution document. • We will mutually configure the use cases based on the mutually agreed upon solution document. • We will migrate your data based on our mutually agreed upon data map. 4 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 Q OPENGOV Validation • Customer reviews the completed work performed during configuration. • The appropriate members of the Customer project team will confirm that the solution has been configured correctly based on the solution and data mapping documents by testing the use of the solution. • Training will be provided based on the selected package, or as set forth herein. • Any items that were configured or migrated incorrectly based on the data map and solution document will be tracked via an issue log. We will work with your team to identify deployment critical issues that will be worked out prior to launch. If the item is not included in the mutually agreed upon data map and solution document, a mutually agreed upon change order will be discussed as defined in Section 10 Change Management of this SOW. • The exit criteria for this phase is the sign off by the Customer's Project Manager of the configuration based on the mutually agreed upon solution and data map as defined in Section 9 Acceptance of this SOW. Deploy • The solution is usable by Customer. Project Completion • Customer is sent a project acceptance form to sign as defined in Section 9 Acceptance of this SOW. • Customer will be asked to respond to a brief survey to provide feedback about the experience. • Customer is introduced to Customer Support and educated on how to engage with customer support based on Customer's procured package. Project Schedule OpenGov will schedule resources for this project upon signature of the Order Form. Unless specifically noted, the OpenGov assigned project manager (as identified below or such alternate designated by OpenGov, the"OpenGov Project Manager')will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. 5 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 Q OPENGOV 4. Roles and Responsibilities 4.1. Roles and Responsibilities Matrix OpenGov Role Role Description Executive Sponsor Responsible for ensuring alignment on project value proposition and ("ES") vision. Escalation point for Customer Executive Sponsor to mitigate any risks that the project team cannot resolve. Executive Sponsor attends monthly(or other frequency)executive meetings to review deployment status, documented issue list, status and closure summary. Project Manager("PM") Responsible for the delivery of the professional services based upon the agreed upon contract and SOW within the budgeted hours and timeframe. Ensures the project is properly forecasted, assigns tasks/resources, and tracks toward project completion. Holds executive steering committee meetings and/or quarterly business reviews as appropriate to ensure project issues are properly escalated and success is achieved. Facilitates the transition to support. Implementation Responsible for helping Customer configure OpenGov's product suites Analyst("IA') as assigned. The IA is the primary consultant, guiding Customer through configuration working sessions to put together successful workflows. Subject Matter Expert OpenGov Subject Matter Experts("SMEs")will engage in strategy, ("SME") design, and execution discussions internally and with Customer during the deployment. The SME has a specific area of expertise, and depending on the scope of the project more than one SME may engage. The SME will not be on all working sessions, but will be involved per the direction of the OpenGov Project Manager. Data Solutions Responsible for migrations, conversions, and integrations as Engineer("DSE") assigned. Responsible for providing clear direction on specifications to ensure proper delivery of migration, conversions, and integrations. Clear data mapping and data validation to be provided with customer sign-offs obtained by the OpenGov Project Manager. Account Executive The Account Executive is responsible for the sales cycle. Aligning on ('AE") program vision,value proposition, and contract terms. The Account Executive will facilitate project kickoff along with the OpenGov Project Manager. The Account Executive will be engaged with the 6 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV customer throughout their journey with OpenGov, post-deployment and beyond. Customer Success The Customer Manager("CSM")is the primary customer relationship Manager("CSM") holder post-Deploy.The"Air Traffic Controller'or"Quarterback"of OpenGov resources with focus on long term success of Customer's partnership with OpenGov. The CSM will engage with Customer to discuss adoption strategy and conduct periodic reviews to ensure Customer's key stakeholders understand all OpenGov offerings and how they align to key Customer priorities. The CSM will be introduced at deployment kickoff, but will not be an active participant in deployment working sessions. As the deployment approaches closure, the CSM's engagement will ramp-up, and the OpenGov Project Manager to CSM meeting with Customerwill occur prior to Project Completion. Customer Role Role Description Budget Owner("BO") The Customer Budget Owner commits the funds to the project deployment, assesses the value to the cost(ROI), and approves changes orders. In some cases, the Budget Owner and Executive Sponsor are the same person. Executive Sponsor Responsible for ensuring Customer team is aligned to core project ("ES") value proposition and goals. Able to intervene if the project goes off track, and has ability to make decisions on timeline and budget when decisions are stalled. The Executive Sponsor is not expected to regularly attend deployment working sessions. Executive Sponsors, attend monthly(or other frequency)executive meetings to review deployment status, documented issue list, status and closure summary. Project Manager("PM") Serves as the primary contact for OpenGov Project Initiation, Best Practice Review, Configuration, Validation, Deploy, Project Completion. Coordinates meetings and schedules. Controls communication between the Customer and OpenGov project teams. Project Lead("PL") Is an internal SME in the functional area of deployment.Attends working sessions, trainings, and responsible for reviewing configurations. Primary OpenGov counterpart will be the IA. Data and SystemsLead Responsible for mapping out data infrastructure and validating ("DSL") migration, conversion, integration requirements. Someone who is able to connect OpenGov team with any of Customer's third-party data 7 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV sources and vendors as needed tofu If i I I SOW requirements. 5. Governance Project Governance provides the foundation and framework to manage deployments by assessing progress and addressing questions and challenges during the course of deployment. OpenGov follows three guiding principles for governance to maximize the deployment value with our customers: • Regular communication aligned to the agreed upon project plan and timing will occur. OpenGov expects Customers to raise questions or concerns as soon as they arise. OpenGov will do the same, as we can only address items when known. • Executive involvement is expected from both OpenGov and Customer. Not only may Executives be called upon to clarify expectations and/or confusion, but also to steer strategic items to maximize the value through the deployment. • Commitment to the direction outlined in this SOW and critical assessment change orders to ensure they drive value. 5.1. Regular Communication Components Purpose . . Meeting - hwul. OpenGov Customer Quarterly Engagement Quarterly Overview of PM, ES, PM, PL, ES, Management Review Program Status, others as others as Review("QMR") Value Realization, necessary necessary trends, savings reports, program improvement, technology, and discuss program adjustments Statement Bi-Annually Review of PM, ES, AE, PM, BO. ES Committee milestones per CSM commercial agreement, review budget and fiscal 8 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV matters. Discuss strategic direction from deployment, alignment of OpenGov with Customer's 3-year roadmap, evaluate potential shift in strategy and impact to relationship Executive Sponsor Meeting Monthly/ Discuss PM, ES, PM, ES, Bi-Monthly deployment: plus others plus others -Strategicimpacts: as as timing, scope, necessary necessary process -Value prop changes, confusion - Project specific: items that need guidance, support and/or clarity Weekly Deployment Updates Weekly Summary of project Project Project actions against Team+ Team + project plan. ES(s) ES(s) Risks and achievements highlighted in addition to asks of leadership. 5.2. Commitment to Project Direction and Goals This SOW is the direction agreed upon by Customer and OpenGov. Transparency of the plan is paramount for our Customers to attain the value the SOW or any subsequent change order outlines. 9 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV Should direction of the deployment become disconnected, OpenGov and Customer Project Managers will outline the gaps as they understand them and communicate the gaps to their respective Executive Sponsor(s)(or Project Teams)for discussion and resolution. The communication path for this engagement will be outlined in the kickoff meeting, documenting both phone numbers and email. The general path is: OpenGov Project Manager --* Professional Services Sr. Manager / SVP --* OpenGov Executive Sponsor 6. Escalation Process The purpose of this section is to define the escalation process, should it be needed, to support closing issues that are raised and discussed to move forward with the deployment. OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation. 6.1. Process • Identification of an issue impeding deployment progress. • Customer or OpenGov Project Manager summarizes the problem statement and impasse. • Customer and OpenGov Project Managers will outline solution, acceptance or schedule executive review in accordance with SLA as defined in Section 7 General Project Assumptions. • Resolution will be documented and signed off following executive review in accordance with SLA as defined in Section 7 General Project Assumptions. 6.2. Escalation Requirements • OpenGov and Customer Project Managers will summarize the impasse and recommendation to present at scheduled or ad hoc executive meetings. Unless otherwise noted in this SOW, Customer Project Manager can approve how hours are used, but not where funding is required. • Executive Sponsors attend monthly (or other frequency) executive meetings to review deployment status, documented issue list, status, and closure summary. • Steering Committees,where applicable,will be the arbitrator to direction and issue closure. Unless otherwise noted in this SOW, the Customer Executive Sponsor must approve change orders that result in additional cost. • Customer or OpenGov Subject Matter Experts may be requested to provide input to the issue and assist in closure. Both Customer and OpenGov will make best effort to enable those Subject Matter Experts to be available and participate. 10 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 Q OPENGOV 6.3. Documentation • Issue Escalation: Problem Statement with clear impact to the deployment and/or engagement. • Acceptance Document: Will include any change order(s) or other process adjustments required and summary of the resolution. • Notes from project meetings, executive reviews, and Steering Committee meetings, as appropriate. 7. General Project Commitments OpenGov is excited to work with Customer on the implementation of our OpenGov ERP Cloud. In order to ensure we are able to meet the project timeline and ensure Customer is successful in this implementation, OpenGov asks that Customer abide by the General Assumptions detailed in this SOW. • This SOW is limited to the Implementation of the OpenGov Cloud as defined in the Project Scope. Any additional services or support will be considered out of scope. • Customer will commit and provide access to all necessary stakeholders and subject matter experts, and other key parties whose roles are defined in Section 4.1, necessary to the successful implementation of the OpenGov ERP Cloud as defined in this SOW. • OpenGov will perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in the City of Corpus Christi, TX in order to complete its responsibilities under this SOW. OpenGov will work with Customer to determine which activities will be performed on-site during the Initiate phase of the project. • Customer is responsible for internal change management associated with the purchase of new software. • Response Protocol • OpenGov and Customer commit to responding to inquiries, updates, or any other project-related matters in no more than 10 business days throughout the course of this project. If Customer is delayed in its response, Customer acknowledges that: a)the delay may impact the project schedule; and b)any fees for Professional Services due to OpenGov after such delay shall become due and OpenGov may invoice Customer for such prepayment. • As set forth in Section 6.1(e) of the Agreement, if extended delays in Customer responsiveness are encountered, OpenGov may opt to put the project into an "On Hold" status, which includes causing OpenGov to stop or cause to be stopped the Professional Services to be provided to the Customer, until the Customer has fulfilled its obligations set forth in the On Hold Notice as described in the Agreement. 11 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV o The Professional Services will be provided during regular business hours (8am to 6pm Central Time)Monday through Friday(holidays excluded). • SOW Expiration: o This SOW is valid for up to 90 days from the Creation Date, or as agreed to in writing by OpenGov and Customer. 8. Project Scope 8.1. OpenGov Reporting & Transparency Platform 8.1.1. OpenGov Reporting & `transparency Platform Project Deliverables Deliverable Description OpenGov Cloud based Reporting& Transparency Platform that includes: Reporting& • Stories Transparency • Community Feedback Platform • Reporting • Dashboards • Transparency Portal 8.1.2. Prciect Tasks The tasks listed below are required for OpenGov and Customer to successfully complete the OpenGov Reporting &Transparency Platform implementation. 8.1.2.1. ,nitiate Functionality Description Provisioning OpenGov will provision Customer's OpenGov entity and verify Customer has Reporting& access to all purchased modules. Transparency Platform OpenGov OpenGov will provide access to OpenGov University online training courses University intended to teach users on the basics of the Reporting& Transparency Platform Platform. Training Stories and OpenGov will build out an example of a Story: 12 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV Community • One standard story based on available templates in OpenGov. Feedback Examples OpenGov will build out an example of a topic in Community Feedback. Initial Data OpenGov will upload any applicable datasets to the OpenGov Platform. Migration • Base Budget File • Historical Budget and Transactions Files, including beginning balances • Budget Reference Year data files OpenGov will accept flat files such as CSV, Text, and/or Excel A 1 9 9 P--t Prartirae �a Overview of OpenGov assesses and identifies how best to configure and map data to Best Practice ensure success based on materials provided by Customer. Stories and The Implementation Analyst will conduct a review of the examples created. Community Feedback Review Solution OpenGov will present a solution document to be mutually agreed upon prior to Document beginning configuration. 8.1.2.3. Configuration Functionality Description Chart of OpenGov will Accounts • Review and give feedback on Customer's general ledger chart of accounts • Provide a functional build of the proposed OpenGov Chart of Accounts, and gain sign off on acceptance from Customer. • Configure OpenGov Chart of Accounts in OpenGov system OpenGov Reports OpenGov will: • Set up 3 OpenGov reports(Annual, Budget to Actuals, and Transactions) 13 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 Q OPENGOV 8.1.2.4. Validation Functionality Description Chart of Once built in OpenGov system, Customer will validate and sign off on Accounts transformed Chart of Accounts. Data Customer will validate and sign off on the datasets uploaded as part of the implementation. 11ITraining Stories OpenGov will review configured story and provide training to Customer on how to: • Create new stories • Update/Maintain current stories • Publish internally and externally Training OpenGov will Community • Present configured Community Feedback site and theme. Feedback • Provide training to Customer on Community Feedback Functionality Training OpenGov will review configured OpenGov reports. OpenGov OpenGov will provide training Customer on report: Reports • Configuration • Update/Maintenance • Publishing internally and externally Training OpenGov will provide training to Customer on Dashboard: Dashboards • Configuration • Update/Maintenance • Publishing internally and externally Reporting& OpenGov will review configured Chart of Accounts(COA)and uploaded data. TransparencyTr OpenGov will provide training to Customer on Platform maintenance: aining • Users • Uploading data • Maintaining COA Sign Off Customer will sign off that they have: • Configured Story 14 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV • Configured Community Feedback • Configured OpenGov reports • Training has been provided on Stories, Community Feedback, OpenGov reports, Dashboards 8.2. OpenGov Budgeting & Planning 8.2.1. Budget & Planning Project Deliverables Functionality DescriptionI OpenGov Budgeting & Planning Suite, includes: Budgeting& • Operating Budget Planning Suite • Workforce Planning • Capital Improvement Project Budgeting • Online Budget Book • Budget Reporting 8.2.2. Protect Tasks - BudclIetinci and Planning The tasks and responsibilities listed below are required for OpenGov and Customer to successfully complete the OpenGov Budgeting and Planning Suite implementation. n n 7 1 Init0-+- Functionality Description Documentation Customer to provide OpenGov: Receipt • Budget export • Examples of the documentation currently provided to department • Budget schedule • Management budget reports example OpenGov During the initial phase, OpenGov will provide system training to University administrators. Training will include: Budget Training • How to create o a budget o a proposal o a worksheet 15 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV o add a line item o reselect line items o submit a budget • Reporting overview • Stories overview • Community Feedback Overview • Workforce Planning Overview Budget and OpenGov will build out examples of best practices for budgeting solutions: Workforce Solution Operating Examples • 2 budget instances in OpenGov • 2 proposals for each budget instance(Traditional and OpenGov) • 3 budget reports o Operating Budget Development o Operating Budget Details o Operating Budget Categories • 1 budget story for review Capital • 1 budget instances in OpenGov • 2 proposals • 3 budget reports o Capital Budget Development o Capital Budget Details o Capital Budget Categories • 1 capital story for review Workforce Planning Shell • 4 Standard cost elements o Wages o Insurance o Retirement o Taxes Online Budget OpenGov will build out: Book Examples • Look and feel of Online Budget Book • Best practice templates for: o Home Page o Generic(multi-use) o Operating o Department o Capital o Capital Project 16 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV 8.2.2.2. Functionality Description Overview of 0penGov assesses and identifies how best to configure and map data to Best Practice ensure success based on materials provided by Customer. Budget and The Implementation Analyst will conduct a review of the examples created Workforce and work with the customer to confirm a budget format on which to move Solution forward. Online Budget The Implementation Analyst will conduct review of Online Budget Book Book Solution templates and work with Customer to confirm format and approach. Solution OpenGov will present a solution document to be mutually agreed upon prior to Document beginning configuration. 8._ Functionality Description Base Budget OpenGov will configure and upload Customer's base budget file into OpenGov. File Budget Based on the Review and Confirmation phase OpenGov OpenGov will set up Configuration Customer's preferred budget format: Operating • 1 Budget instance • Up to 50 Proposals(Department) • Corresponding worksheets(single, fund, division, or function) • 1 standard budget Story template Capital • 1 Budget instance • Up to 50 Proposals(Department or Project) • Corresponding worksheets(single, fund, division, or function) • 1 standard capital Story template Based on the review of the Workforce Planning Shell and with the guidance of the Implementation Analyst, Customer will: • Buildout remaining cost elements • Populate position template • Validate Workforce calculation 17 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV Budget OpenGov will hold working sessions between the Implementation Analyst and Configuration Customer for the purpose of validating, reviewing, and iterating upon draft Working budget instances. Session will focus on: Sessions • Set up • Structure • Workflow • Useraccess Administrator OpenGov will provide 1, 60-Minute training session(s)to enable Customer's Budget Budget Administrators to manage and maintain their OpenGov budgets Management including: Training • User access • Approval workflow • Cloning • Phases • Proposal status Dataset and OpenGov will set up 1 export and dataset view to enable budget reports View Configuration Budget OpenGov will configure up to 8 budget reports to include: Report(s) Operating • Operating Budget Milestones • Operating Budget Development • Operating Budget Details • Operating Budget Categories Capital • Capital Budget Development • Capital Budget Details • Capital Budget Categories • Capital Plan Report Budget OpenGov will provide1, 60-Minute training session(s)to enable Customer to Exports and own, manage and maintain their OpenGov Budget Data and Reports including: Reporting • Exports Training • Dataset views • Reports Online Budget OpenGov provide one 60-Minute session for training on the following topics: Book • Using and copying templates Administrator • How Datasets and Reports work in Stories Training • How the Online Budget Book works with Transparency Portal 18 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV • Preparing for updating and ongoing use Online Budget Once templates are finalized, OpenGov will: Book • Create one Story shell from templates for Configuration o Up to 50 departments o Up to 50 projects • Create up to 2 reports for use in the Online Budget Book • Create OpenGov report views and add report tiles to created templates. OpenGov will provide up to 10 one-hourworking sessions to answer Customer questions on Online Budget Book Configuration. Once trained, Customer will: • Build out remaining Stories required for Online Budget Book to include: o Narrative o OpenGov Report Views o Images o Data not in OpenGov • Set up additional Online Budget Book stories. • Create views in Online Budget Book Report(s) • Add report views to online budget book stories • Add narrative content to Online Budget Book Stories • Add any additional content to Online Budget Book Stories • Make Stories public and Publish Online Budget Book Validation of The OpenGov Project Manager and Implementation Analyst will confirm with Configured Customer's Project Lead that all budget proposals are configured properly Budgets based on the agreed upon format. Functionality Description Internal Budget OpenGov will provide up to 3, one-day onsite training session(s)to enable User Training Customer's internal users to understand budgeting requirements. Sign Off Customer will provide written sign off that all Budgets and Reports have been 19 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV configured based on agreed upon formats. 8.3. Financial Integration 8.3.1. Financial Integration n,-i;ve%rnhi#mQ MCI ClIZ: Financial OpenGov will work with Customer's IT Staff and Project Team to set up a one Integration way data integration from Lawson to OpenGov 8.3.2. Financial lntegration Tasks The tasks listed below are required for OpenGov and Customer to successfully complete the Financial Integrations with OpenGov. rSolufloonftview OpenGov will review the proposed solution with Customer • Functionalities to be Integrated o Actuals(Revenue and Expenses) o Budget • Integration Approach o SFTP(File Transfer) • OpenGov Assumes: o The data will be linked to the Customer's COA. o Integration is unidirectional from the Customer's accounting software into OpenGov. Data Files Customer will provide the data in the required format associated with the [SFTP] functionalities • Data Files for Historical Years • Data Files for Current Year • Automate the file transfers into the OpenGov SFTP location Data Analysis OpenGov will perform the data analysis • To align with the required functionalities • To align with the COA 20 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 Q OPENGOV 8.3.2.2. Configuration Functionality Description Integration OpenGov will perform the following Setup • SFTP Setup • Sample File Format • OpenGov Assumes: • OpenGov will require assistance from Customer to understand source system specific customizations and configurations when building the data extract.When OpenGov is not able to access or extract data as per requirements, Customer should provide the data files in CSV format into OpenGov SFTP Location. • When the source accounting software is hosted by a third party vendor on behalf of Customer, Customer is responsible for brokering OpenGov's access to Customer's data residing at the vendor's premises in accordance with OpenGov's data formatting requirements. Configuration OpenGov will perform the Configuration to and Testing • Extract, Transform(when required)and Load the data • Build Reports for the required functionalities • Initial validation of data 8.3.2.3. Validation Functionality Description } Data Validation OpenGov team to work with Customer to • Validate the historical data • Validate the current year data • OpenGov Assumes: • Customer will provide data to validate against(PDF export). Data should be received prior to the start of the integration. • OpenGov will perform the validation for data accuracy for the Integration, working jointly with Customer team to approve the Financial Integration data. 21 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV 8.3.2.4. Functionality Description Deployment and 0penGov will perform the Configuration to Wrap Up • Schedule the current year data load • Provide training to the administrators • Monitor the data load Sign Off Customer will complete OpenGov-provided sign off document acknowledging • Accuracy of the data for historical years and current year associated with the functionalities • Accuracy Reports associated with the functionalities • Training was provided on the Integration Functionalities 9. Acceptance 9.1. Acceptance Process All Deliverables require acceptance from the Customer Project Manager(s) following the completion of Deliverables and upon Project Closure. Customer is responsible for conducting any additional review or testing of such Deliverable pursuant to any applicable mutually agreed upon acceptance criteria agreed upon by the parties for such Deliverable. Upon completion of these phases, the OpenGov Project Manager shall notify the Customer Project Manager(s)and provide the necessary documents for review and sign off. The following process will be used for accepting or acknowledging Deliverables and Project Closure: • OpenGov shall submit the completed Deliverables to Customer to review or test against the applicable acceptance criteria. Customer shall notify OpenGov promptly of its acceptance or rejection in accordance with the agreed upon acceptance criteria. • Customer must accept all Deliverables that meet the applicable acceptance criteria. OpenGov Project Manager will provide the Customer Project Manager with the OpenGov Acceptance form to sign off on the Deliverable and project. Once all Deliverables required to meet a particular phase have been accepted or are deemed accepted, the phase shall be deemed complete. • Upon completion of the phase or project, OpenGov allows Customer 10 business days to communicate that the particular Deliverable(s) does not meet Customer's requirements. Failure to communicate that the particular Deliverable(s) does not meet Customer's requirements will be deemed as acceptance and any further work provided to remedy Customer's complaint might incur additional cost. • Customer shall provide to OpenGov a written notice detailing the reasons for rejection and the nature of the failure to meet the acceptance criteria. OpenGov shall make best effort to 22 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 G) OPENGOV revise the non-conforming Deliverable(s)to meet the acceptance criteria and re-submit it to Customer for further review and testing. • If the acceptance form is not received in accordance with Section 7 General Project Assumptions, the project phase and/or project will be considered accepted and automatically closed. 9.2. Acceptance Requirements • All acceptance milestones and associated review periods will be tracked on the project plan. • The Customer Project Manager will have decision authority to approve/reject all project Deliverables, Phase Acceptance and Project Acceptance. • Any open issues shall receive a response in accordance with Section 7 General Assumptions of this SOW following the Validation Acceptance review, or as mutually agreed upon between the parties, for resolution prior to advancing on in the project. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. • For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. 10. Change Management This SOW and related efforts are based on the information provided and gathered by OpenGov. Customer acknowledges that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: • Change Order - Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: • Timeline for completion • Sign off process • Cost of change and Invoice timing • Signed by OpenGov and Customer Executives approving funds. Change documentation will be mutually agreed upon as defined in Section 7 General Assumptions of this SOW. Should that not occur, the change will be added to the next Executive Sponsor agenda for closure. 23 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 Q OPENGOV Example of changes that might arise during a deployment: • Amending the SOW to correct an error. • Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. • Change in type of OpenGov resources to support the SOW. All Travel and Lodging expenses will be approved in advance in writing by the Customer Project Manager prior to OpenGov incurring any such expenses and booking non-refundable travel expenses. Such expenses shall be in compliance with Customer's travel and expense guidelines provided to OpenGov. Unless otherwise agreed to by the parties, such travel and expenses shall not exceed $10,000 for the work specified in this SOW. If additional travel is needed as per discussion with the Customer, it will be mutually agreed upon and be billed as incurred. DocuSigned by: VV[l�caN�Nt siTcfxcl� 11/9/2022 C D B2l2/9_D77 FA24 E 1.. OpenGov Date Josh Chronley, Asst Director Finance-Procurment Date City of Corpus Christi As Approved To Legal Form Asst. City Attorney Date 24 DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C1513747656 OPENGOV SOFTWARE SERVICES AGREEMENT Attachment B: Software Services Agreement OpenGov Terms and Conditions—Software Services Agreement (Purchase through an OpenGov Authorized Reseller) This Software Services Agreement (this "Agreement") is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 6525 Crown Blvd#41340, San Jose, CA 95160 ("OpenGov")and the customer listed on the signature block below("Customer"), as of the date of last signature below(the"Effective Date").This Agreement sets forth the terms under which Customer will be permitted to use OpenGov's hosted software services. 1. DEFINITIONS "Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer's software systems of record). Customer Data shall not include any confidential personally identifiable information. "Documentation" means the documentation for the Software Services at the Customer Resource Center page found at https://support.opengov.com. "Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. "Initial Term" means the initial license term specified in number of years on the Order Form, commencing on the Effective Date. "Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights,trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. "Order Form" means the Reseller Software Services order form that: (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both parties. "Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the Initial Term,for which this Agreement is extended pursuant to Section 7.2. "Reseller" means the channel partner authorized to resell the Software Services. 2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES 2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer("Software Services"). 2.2 Support & Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov's standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide supportfor the Software Services in accordancewith the Supportand Software Service Levels found at https://opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. 2.3 Professional Services. (a) If Reseller or its authorized independent contractors provides professional services to Customer, such as implementation services,then these professional services will be described in a statement of work ("SOW")agreed to by the parties (the"Professional Services"). Unless otherwise specified in the SOW,any pre-paid Professional Confidential OpenGov Rev.2018.01_210519_Reseller DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B OPENGOV SOFTWARE SERVICES AGREEMENT Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre-paid Professional Services Fees shall be forfeited. (b) Unless the SOW provides otherwise, all reasonable travel expenses, pre-approved by Customer and incurred by Reseller in performing the professional services will be reimbursed by Customer. Travel expenses include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel accommodations, ground transportation and meals. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA 4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy,imitate,or use them, in whole or in part, without OpenGov's prior written consent. Subject to Customer's obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty-free license during the Term to use the Software Services. 4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty-free license to, and permit its partners (which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis ("Insights"), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable. 4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods.OpenGov has no obligation to return Customer Data to Customer. 4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer's Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. CONFIDENTIALITY 5.1 Each party (the"Receiving Party") agrees not to disclose any Confidential Information of the other party (the "Disclosing Party")without the Disclosing Party's prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b)to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding Confidential OpenGov Rev.2018.01_210519_Reseller DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B OPENGOV SOFTWARE SERVICES AGREEMENT the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party. 5.2 "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov's Confidential Information includes,without limitation, the software underlying the Software Services and all Documentation. 5.3 Notwithstanding the foregoing, "Confidential Information" does not include: (a) "Public Data," which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the receiving party;(c)information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or(d) information independently developed by the Receiving Party without access to the Disclosing Party's Confidential Information. 6. PAYMENT OF FEES 6.1 Fees; Invoicing; Payment; Expenses. (a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term("Software Services Fees") and the fees for Professional Services ("Professional Services Fees") are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as"Fees". Except to the extent otherwise expressly stated in this Agreement or in an Order Form,(i) all obligations to pay Fees are non- cancelable and all payments are non-refundable, (ii) Customer must pay all Fees due under all Order Forms and SOW within thirty (30) days after Customer receives each invoice (invoices are deemed received when OpenGov emails them to Customer's designated billing contact); (iii) the Software Service Fee shall be due annually in advance, and (iv) Customer must make all payments without setoffs, withholdings or deductions of any kind. (b) Annual Software Maintenance Price Adjustment. The Fees payable for the Software Services during any Renewal Term shall increase by 5%each year of the Renewal Term. (c) Invoicing and Payment. Reseller will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form. (d) Travel Expenses. Unless the SOW provides otherwise, Reseller will invoice Customer for travel expenses, pre-approved by the Customer, incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. (e) Customer Delays; On Hold Fee. I. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if OpenGov determines that Customer's personnel or contractors are not completing Customer's responsibilities described in the applicable SOW timely or accurately, OpenGov shall promptly, but in no event more than thirty (30) days from the date of such determination deliver to Customer a notice (an "On Hold Notice") that (A)designates the Professional Services to be provided to the Customer as"On Hold", (B)detail Customer's obligations and responsibilities necessary for OpenGov to continue performing the Professional Services, and (C) specify the Customer shall be invoiced for lost time in production (e.g. delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle)for a fee equal to 10%of the first year Software Service Fee(the "On Hold Fee'). Confidential OpenGov Rev.2018.01_210519 Reseller DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B OPENGOV SOFTWARE SERVICES AGREEMENT Il. Effects of On Hold Notice. Upon issuing an On Hold Notice,OpenGov shall be entitled,without penalty, to(A) reallocate resources otherwise reserved for the performance of the Professional Services, and (B)stop or caused to be stopped the Professional Services to be provided to the Customer until the Customer has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the"On Hold"status, only upon Customer's fulfillment of its obligations set out in the On Hold Notice, including payment of the On Hold Fee. Upon Customer's fulfillment of its obligations in the On Hold Notice,OpenGov may, in its sole discretion, extend the timeline to complete certain Professional Services up to six(6)weeks,depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer's failure to complete Customer's responsibilities or adhere to a Customer schedule which were brought to the attention of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure of OpenGov or its authorized independent contractors to perform the Professional Services in accordance with this Agreement or applicable SOW. 6.2 Taxes.All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes ("Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov's net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by Reseller to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide Reseller, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 7. TERM&TERMINATION 7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form (the"Initial Term"). 7.2 Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (the"Renewal Term" and together with the Initial Term, the"Term"), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than thirty (30) days before the end of the Initial Term. 7.3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may terminate this Agreement. 7.4 Effect of Termination. (a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section 7.1: (a)Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination or expiration, (b) all Software Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. (b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4(b), upon the expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant to OpenGov's standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such request must be addressed to "OpenGov Vice President, Customer Success" at OpenGov's address for notice described at Section 10. 7.5 Survival. The following sections of this Agreement shall survive termination: Section 5(Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability)and Section 10 (Miscellaneous). 8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER Confidential OpenGov Rev.2018.01_210519 Reseller DocuSign Envelope ID:717F1 C38-5F95-4854-BB30-3304D2FAC9B1 DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B OPENGOV SOFTWARE SERVICES AGREEMENT 8.1 By OpenGov. (a) General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. (b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Any claim submitted under this Section 8.1(b) must be submitted in writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre- paid, unused portion of the Fee for such Software Services. 8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) OpenGov's use of the Customer Data pursuant to this Agreement will not infringe,violate or misappropriate the Intellectual Property Rights of any third party. 8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9. LIMITATION OF LIABILITY 9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2 By Amount. IN NO EVENT SHALL EITHER PARTY'S AND RESELLER'S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO RESELLER (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its obligations set forth in Section 5(Confidentiality), (b)claims arising out of fraud or willful misconduct by either party and (c)either party's unauthorized use, distribution, or disclosure of the other party's intellectual property. 9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. MISCELLANEOUS 10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's trademark usage guidelines provided to OpenGov. 10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections where the word "notice" appears)the parties must communicate more formally in a writing given by personal delivery, by pre- Confidential OpenGov Rev.2018.01_210519_Reseller DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B OPENGOV SOFTWARE SERVICES AGREEMENT paid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other address as may be specified in writing in accordance with this Section). 10.3 Anti-corruption. OpenGov and Reseller has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement,other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer. 10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party's intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty,failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. There are no third-party beneficiaries to this Agreement. 10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which consent shall not be unreasonably withheld,conditioned,or delayed. Either party may assign,without such consent but upon written notice, its rights and obligations under this Agreement to: (i)its corporate affiliate; or(ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each party's permitted assigns and successors. 10.8 Independent Contractors. No agency, partnership,joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. 10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys'fees. 10.10 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. [SIGNATURE PAGE TO FOLLOW] Confidential OpenGov Rev.2018.01_210519_Re seller DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B OPENGOV SOFTWARE SERVICES AGREEMENT Signatures Customer: City of Corpus Cristi, TX OPENGov,INC. DocuSigned by, �7X Signature: Signature: Name: Name: Waranya Sim eck Title: Title: Head of Finance Date: Date: 10/28/2022 [SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT] Confidential OpenGov Rev.2018.01_210519_Reseller DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 Attachment C: Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. ERRORS & OMISSIONS $1 ,000,000 Per Occurrence $1 ,000,000 Aggregate CYBER LIABILITY $1 ,000,000 Per Occurrence $1 ,000,000 Aggregate COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 WORKERS' COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and DocuSign Envelope ID:717F1 C38-5F95-4854-131330-3304D2FAC9131 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2022 Insurance Requirements Exhibit IT Contracts - Professional Service Deployment Hours 10/19/2022 Risk Management - Legal Dept. so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Public Hearing for the City Council Meeting of November 15, 2022 1852 DATE: November 15, 2022 TO: Peter Zanoni, City Manager Pete rz(a)cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning Danielmc(a)cctexas.com 361-826-7011 Public Hearings on the Annexation of Portions of County Roads 18 and 43 Located South of FM 2444 CAPTION: First Public Hearing to discuss the annexation of County Right of Way for sections of County Road 43 and County Road 18, being approximately 9.78 acres, located south of Farm to Market Road 2444, Caroline Heights Subdivision. SUMMARY: The purpose of this item is to hold the first public hearing required by State law for the annexation of portions of County Right of Way for County Road (CR) 18 and 43, which are located south of FM 2444 (South Staples Street) west of the Oso Creek. The Nueces County Commissioner's Court is requesting the annexation of these portions of the County right-of-way for the purpose of extending the City limit line to a 37.44-acre tract owned by Cypress Point Capital LLC (the "developer) to create contiguity. Contiguity with the City allows annexation of the 37.44-acre tract per the owner's request. Once the developer tract is annexed, the developer proposes to develop a 28-unit single-family subdivision connected to City water. The developer will also request reimbursement from the City's Water Trust Fund for constructing an oversized water line required by the City's Water Master Plan. BACKGROUND AND FINDINGS: Cypress Point Capital LLC (the "developer") is intending to build a single-family residential development called Caroline Heights consisting of 28 half-acre lots. The development is on the southeast corner of FM 2444 (South Staples Street) and County Road (CR) 43 and will connect to City water, but each lot will have a private septic system. The developer will oversize the water line per the City's Water Master Plan and is, therefore, seeking reimbursement from the City's Water Trust Fund. The Trust Funds are defined in the City's Unified Development Code as "funds held in trust by the City for developers to provide for a fair and equitable expansion of water, wastewater, and stormwater infrastructure for new development." To be eligible to connect to City water utilities and to receive reimbursement from the Trust Fund, the property must be within the City's limits. Because the subject property is not contiguous with the current City limit line, which is a requirement of State law, the Nueces County Commissioner's Court is also petitioning the City to annex sections of CR 18 and CR 43, which will extend the City limit line to the developer's property and create "contiguity" for Cypress Point Capital's property. The Nueces County Commissioners Court's annexation request will include the following road sections, totaling 9.78 acres of land: • Approximately a 1-mile section of CR 18 between CR 41 and CR 43; and • Approximately a 1-mile section of CR 43 between FM 2444 and CR 18. The Service Plan outlines how the City will provide services to the subject property. The Service Plan for County Roads 18 and 43 will be limited to street maintenance. Of the two county roads, only CR 43 is improved with approximately 1,800 linear feet of asphalt pavement from FM 2444 to approximately the entrance to the proposed subdivision. Texas Local Government Code Section 43.063 requires that"[b]efore a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard." ALTERNATIVES: Staff evaluated alternatives for creating "contiguity" for the property owned by Cypress Point Capital, such as selecting different road ROWs that would reach the property or requiring Cypress Point Capital to work with neighboring private property owners to create a connecting path to the City limit line. In the end, the Nueces County Commissioners Court agreed to provide the connection. FISCAL IMPACT: There is no immediate financial/fiscal impact associated with this ordinance. In the future, the City will be responsible to fund road maintenance. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: No decision about the annexation is being made today. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Exhibit Map Presentation Petition for Annexation (Resolution from Nueces County Commissioner's Court) ' � ppm•.O ����,��,��' ����,��� � � .k���� ;♦�.•°i ter:. cab 19µnying �� s Sid. MR, 6"' ___� �. /�Y FM 2 TX357� JJJ « m FM 1444- Oso Creek TX 286 Annexation Area t mss + �� / r- Legend �� _ N Annexation Area �Rf i a City Limits Property Lines 0 500 1,000 2,000 3,000 4,000 Tract A: Feet Annexation Area (Land) ® �.��� ♦�i'►�►° Annexa16ion Area (*ROW) I`IR'��I�� 17 9.780 Ages *ROW:Street Right-of-way .µ MUNICIPAL SERVICE PLAN FOR COUNTY ROADS 18 and 43 Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of County Right of Way for County Roads 18 and 43 as depicted in the attached Metes and Bounds (EXHIBIT A) and annexation area map (EXHIBIT B). a. Service to be provided pursuant to Texas Local Government Code 43.056(b) (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection within the City Limits. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression within the City Limits through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services within the City Limits. (4) Solid Waste Collection: Services to be Provided:After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers within the City Limits, directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided within the City Limits in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities 1 owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. 6) Operation and Maintenance of Roads, Streets, and Right of Ways: The City will maintain public streets and roads over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Future road and street infrastructure and improvements will be constructed by the platting landowners or landowners' developers according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. (7) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. (8) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. b. Services to be provided pursuant to Texas Local Government Code 43.056(C) (1) Water Service: Existing Services: Currently, the annexation area lies outside a water certificate of convenience and necessity ("CCN"). 2 Services to be Provided: Absent a water CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (2) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (3) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: Planning and zoning services will be provided by the City. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (4) Other Municipal Services: Excluding gas and electric services,- all other City Departments with jurisdiction in the area will provide services within the City Limits according to City policy and procedure. c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Police Protection: No capital improvements are necessary at this time to provide police services. 3 (2) Fire Protection: No capital improvements are necessary at this time to provide fire services. (3) Emergency Medical Service: No capital improvements are necessary at this time to provide emergency medical services. (4) Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services. (5) Water and Wastewater Facilities: No additional capital improvements are necessary at this time to provide water or wastewater services. (6) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (7) Other Publicly Owned Facilities, Buildings or Services: In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide other City services. (8) Capital Improvements Planning: The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan and Three- Year Capital Budget program. d. Effective Term pursuant to Texas Local Government Code 43.056(1) This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. e. Special Findings The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. 4 The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. f. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. g. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. h. Level of Service Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 5 EXHIBIT A METES AND BOUNDS Field notes of a 9.780-acre tract being a portion of County Road 43 and County Road 18. Said 9.780-acre tract being out of Sections 29, 30, 33, and 34, "Laureles Fann Tracts" as shown on the plat recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. Said 9.780-acre tract being more particularly described as follows: BEGINNING at a point in the north line of this survey, at the intersection of the center of Farm to Market 2444 (A.K.A. South Staples Street), and the extension of the center of County Road 43, said point also being the common corner of the north and south halves of Sections 29 and 30. THENCE with the common line of the north and south half of Section 30, the center of Farm to Market 2444, and this survey, North 89011 '13" East, a distance of 20.00 feet to a point at the intersection of the center of Farm to Market 2444 and the extended east right of way of County Road 43, and for the upper northeast corner of this survey. THENCE with the common line of the extension of the east right of way of County Road 43 and this survey, South 00048'58" East, at a distance of 50.00 feet pass a point for the northwest corner of the Cypress Point Capital, LLC 37.44 acre tract described in a deed recorded in Document No. 2017046839, Official Public Records of Nueces County, Texas, at a distance of 1908.12 feet pass a point for the southwest corner of said 37.44 acre tract, and for the northwest corner of the Al Development, INC 122.56 acre tract described in a deed recorded in Document No. 2015038326, Official Public Records of Nueces County, Texas, and in all a total distance of 5,260.64 feet to a point in the intersection of the east right of way of County Road 43 and the north right of way of County Road 18, for the southwest corner of said 122.56 acre tract, and for an inside corner of this survey, from WHENCE a 5/8" re-bar found in the intersection of the center of County Road 43 and the center of County Road 18, and for the common corner of the north and south halves of Sections 33 and 34 bears South 89011 '26" West, a distance of 20.00 feet and South 00048'58" East, a distance of 20.00 feet. THENCE with the common line of the north right of way of County Road 18, said 122.56 acre tract, and this survey, North 89011 '26" East, at a distance of 1 ,337.63 feet pass the southeast corner of said 122.56 acre tract, and for the southwest corner of the GTHH Development, LLC 136.02 acre tract described in a deed recorded in Document No. 2016025037, Official Public Records of Nueces County, Texas, at a distance of 2,635.69 feet pass a 5/8" re-bar found for the southeast corner of said 136.02 acre tract, and for the southwest corner of the Old Square, LLC 61 .68 acre tract described in a deed recorded in Document No. 2021031571 , Official Records of Nueces County, Texas, at a distance of3,935.86 feet pass a 5/8" re-bar found for the southeast corner of said 61 .68 acre tract, in the west line of the Michael Theodore Joseph Meaney and Marie Meaney 143.79 acre tract described in a deed recorded in Document No. 2012025925, Official Public Records of Nueces County, Texas, at a distance of 5,241 .80 feet pass the west right of way of County Road 41 , and in all a total distance of 6 5,261 .80 feet to a point in the center of County Road 41 , in the east line of said 143.79 acre tract, in the common line of Sections 32 and 33, and for the lower northeast corner of this survey. THENCE with the common line of the center of County Road 41 , said 143.79-acre tract, Sections 32 and 33, and this survey, South 00°48'34" East, at a distance of 20.00 feet pass a concrete monument previously set in the intersection of the center of County Road 41 and the center of County Road 1 8, for the common corner of the north and south halves of Sections 32 and 33, for the southeast corner of said 143.79-acre tract, and for the northeast corner of a the EI Casaga, LTD 320 acre tract described in a deed recorded in Document No. 2000027265, Official Records of Nueces County, Texas, and in all a total distance of 40.00 feet to a point at the intersection of the center of County Road 41 and the extended south right of way of County Road 18, and for the southeast corner of this survey. THENCE with the common line of the south right of way of County Road 18 and this survey, South 89°11 '26" West, at a distance of 5,281 .80 feet pass a point in the intersection of the center of County Road 43 and the south right of way of County Road 18, and in all a total distance of 5301 .80 feet to a point in the intersection of the south right of way of County Road 18 and the west right of way of County Road 43 and for the southwest corner of this survey. THENCE with the common line of the west right of way of County Road 43 and this survey, North 00048'58" West, at a distance of20.00 feet pass a point in the intersection of the center of County Road 18 and the west right of way of County Road 43, from WHENCE a railroad spike found in the intersection of the center of County Road 18 and the center of County Road 47 and for the common corner of the south and north halves of Sections 35 and 36 bears South 890 1 1 '26" West, a distance of 10,541 .56 feet; at a distance of 3,084.12 feet pass a point in the intersection of the west right of way of County Road 43 and the south line of the City of Corpus Christi 13.48 acre tract described in a deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, at a distance of 4,158.63 feet pass a point in the intersection of the west right of way of County Road 43 and the common line of said 13.48 acre tract and of the City of Corpus Christi 15.55 acre tract described in said deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, and in all a total distance of 4,950.63 feet to a point in the intersection of the west right of way of County Road 43 and the north line of said 1515.55-acreract, for the southeast comer of the City of Corpus Christi 0.07-acre tract described in said deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, and for an inside comer of this survey. THENCE with the common line of said 0.07-acre tract, said 15.55-acre tract, and this survey, South 89011 '02" West, a distance of 10.00 feet to a point in the current west right of way of County Road 43, in the north line of said 15.55-acre tract, for the southwest comer of said 0.07-acre tract, and for an outside comer of this survey. THENCE with the common line of the current west right of way of County Road 43, the west line of said 0.07-acre tract, and this survey, North 00048'58" West, at a distance of 300.00 feet pass a point in the intersection of the west right of way of County Road 43 and the south right of way of Farm to Market 2444, and in all a total distance of 350.00 feet to a point in the center of Farm to Market 2444, in the common line of the north and south halves of Section 29, and for the northwest comer of this survey. THENCE with the common line of the center of Farm to Market 2444, the north and south halves of Section 29, and this survey, North 89011' 13" East, a distance of 30.00 feet to the POINT of BEGINNING of this tract, and containing 9.780 acres of land, more or less. Notes: 1 .) Bearings are based on Global Positioning System NAO 83 (93) 4205 Datum. 2.) Set 5/8" re-bar= steel re-bar set with yellow plastic cap labeled Brister Surveying. 8 EXHIBIT B ANNEXATION AREA MAP A agang K Gaha- South Slde FM 2444 TX 357 %, —FM 1444_ ° e .. . .•, oso�ree� Annexation Area r LegendC � N a.� . Annexation Area City Limits o�� Property Lines 0 5001.000 2.000 3,000 4,000 Feet so Anmexation Area ( ROW) � ��°� ,► �1*1 I A # --------------- -- 7 , °w *ROW:Stree aght-of=waq '"' 9 Petition Requesting Annexation of Portions of County Roads 18 and 43 Public Hearings City Council Presentation ! November 15, 2022 Vicinity Map for Tracts A & B LiY �l w � e F , Annexation Tracts A & B LiY INS n. �Il1�Q I— rM� Annexation Area Legend Mogi_ Annexation Area a��'.a 4t r_I City omits • Ironer,Lines ..... � '` — 0 5001,000 2,000 3,000 4,000 Tract, A? Feet j Annexation Area Land ♦�i o lira �, 37 440 Acres �� ►CI y `�s�` —Tract B: `;g annexation Area I*RO.W+).- * �*71 ►I .�►' 9.780 Acres t 1 f A►1 r t --C@Irpua,,C to CO U -ROW:Street Right-of- ay ,,..,. Ak MNM 3 wa , Background LiY • Tract A: 37.44 acres owned by Cypress Point Capital LLC • Tract B: 9.78 acres being portions of CR 18 and CR 43 owned by Nueces County • The purpose of annexing County Roads 18 and 43 is to extend the City limit line to a 37.44-acre property at the corner of FM 2444/South Staples Street and CR 43, which is owned by Cypress Point Capital LCC. • Once "contiguous" to the City limit line, Cypress Point Capital will be eligible to request annexation and later reimbursement from the Water Trust Fund to support the development of a 28-unit single-family subdivision. Background • Texas Local Government Code section 43.1055 provides a process for a city to annex road right-of-way (ROW) upon the request of who owns/maintains the ROW. • This resolution is the first step in the process of annexing the County Roads. • No decision about whether to annex any property is being made today. 5 Annexation Schedule LiY 11-1-2022 - City Council Resolution Directing Staff to Prepare a Service Plan 11-4-2022 - Public Notice for 1st & 2nd Public Hearings 11-15-2022 - Hold 1St & 2ndCity Council Public Hearings 12-20-2022 - One Reading Ordinance; Annexation Complete so �o p A H AGENDA MEMORANDUM WoRPORPg4 Second Public Hearing for the City Council Meeting of November 15, 2022 1852 DATE: November 15, 2022 TO: Peter Zanoni, City Manager Pete rz(a)cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning Danielmc(a)cctexas.com 361-826-7011 Public Hearings on the Annexation of Portions of County Roads 18 and 43 Located South of FM 2444 CAPTION: Second Public Hearing to discuss the annexation of County Right of Way for sections of County Road 43 and County Road 18, being approximately 9.78 acres, located south of Farm to Market Road 2444, Caroline Heights Subdivision. SUMMARY: The purpose of this item is to hold the second public hearing required by State law for the annexation of portions of County Right of Way for County Road (CR) 18 and 43, which are located south of FM 2444 (South Staples Street) west of the Oso Creek. The Nueces County Commissioner's Court is requesting the annexation of these portions of the County right-of-way for the purpose of extending the City limit line to a 37.44-acre tract owned by Cypress Point Capital LLC (the "developer) to create contiguity. Contiguity with the City allows annexation of the 37.44-acre tract per the owner's request. Once the developer tract is annexed, the developer proposes to develop a 28-unit single-family subdivision connected to City water. The developer will also request reimbursement from the City's Water Trust Fund for constructing an oversized water line required by the City's Water Master Plan. BACKGROUND AND FINDINGS: Cypress Point Capital LLC (the "developer") is intending to build a single-family residential development called Caroline Heights consisting of 28 half-acre lots. The development is on the southeast corner of FM 2444 (South Staples Street) and County Road (CR) 43 and will connect to City water, but each lot will have a private septic system. The developer will oversize the water line per the City's Water Master Plan and is, therefore, seeking reimbursement from the City's Water Trust Fund. The Trust Funds are defined in the City's Unified Development Code as "funds held in trust by the City for developers to provide for a fair and equitable expansion of water, wastewater, and stormwater infrastructure for new development." To be eligible to connect to City water utilities and to receive reimbursement from the Trust Fund, the property must be within the City's limits. Because the subject property is not contiguous with the current City limit line, which is a requirement of State law, the Nueces County Commissioner's Court is also petitioning the City to annex sections of CR 18 and CR 43, which will extend the City limit line to the developer's property and create "contiguity" for Cypress Point Capital's property. The Nueces County Commissioners Court's annexation request will include the following road sections, totaling 9.78 acres of land: • Approximately a 1-mile section of CR 18 between CR 41 and CR 43; and • Approximately a 1-mile section of CR 43 between FM 2444 and CR 18. The Service Plan outlines how the City will provide services to the subject property. The Service Plan for County Roads 18 and 43 will be limited to street maintenance. Of the two county roads, only CR 43 is improved with approximately 1,800 linear feet of asphalt pavement from FM 2444 to approximately the entrance to the proposed subdivision. Texas Local Government Code Section 43.063 requires that"[b]efore a municipality may institute annexation proceedings; the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard." ALTERNATIVES: Staff evaluated alternatives for creating "contiguity" for the property owned by Cypress Point Capital, such as selecting different road ROWs that would reach the property or requiring Cypress Point Capital to work with neighboring private property owners to create a connecting path to the City limit line. In the end, the Nueces County Commissioners Court agreed to provide the connection. FISCAL IMPACT: There is no immediate financial/fiscal impact associated with this ordinance. In the future, the City will be responsible to fund road maintenance. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: No decision about the annexation is being made today. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Exhibit Map Presentation Petition for Annexation (Resolution from Nueces County Commissioner's Court) ' � ppm•.O ����,��,��' ����,��� � � .k���� ;♦�.•°i ter:. cab 19µnying �� s Sid. MR, 6"' ___� �. /�Y FM 2 TX357� JJJ « m FM 1444- Oso Creek TX 286 Annexation Area t mss + �� / r- Legend �� _ N Annexation Area �Rf i a City Limits Property Lines 0 500 1,000 2,000 3,000 4,000 Tract A: Feet Annexation Area (Land) ® �.��� ♦�i'►�►° Annexa16ion Area (*ROW) I`IR'��I�� 17 9.780 Ages *ROW:Street Right-of-way .µ MUNICIPAL SERVICE PLAN FOR COUNTY ROADS 18 and 43 Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of County Right of Way for County Roads 18 and 43 as depicted in the attached Metes and Bounds (EXHIBIT A) and annexation area map (EXHIBIT B). a. Service to be provided pursuant to Texas Local Government Code 43.056(b) (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection within the City Limits. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression within the City Limits through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services within the City Limits. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers within the City Limits, directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided within the City Limits in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities 1 owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. 6) Operation and Maintenance of Roads, Streets, and Right of Ways: The City will maintain public streets and roads over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Future road and street infrastructure and improvements will be constructed by the platting landowners or landowners' developers according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. (7) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. (8) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. b. Services to be provided pursuant to Texas Local Government Code 43.056(C) (1) Water Service: Existing Services: Currently, the annexation area lies outside a water certificate of convenience and necessity ("CCN"). 2 Services to be Provided: Absent a water CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (2) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (3) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: Planning and zoning services will be provided by the City. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (4) Other Municipal Services: Excluding gas and electric services,- all other City Departments with jurisdiction in the area will provide services within the City Limits according to City policy and procedure. c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Police Protection: No capital improvements are necessary at this time to provide police services. 3 (2) Fire Protection: No capital improvements are necessary at this time to provide fire services. (3) Emergency Medical Service: No capital improvements are necessary at this time to provide emergency medical services. (4) Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services. (5) Water and Wastewater Facilities: No additional capital improvements are necessary at this time to provide water or wastewater services. (6) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (7) Other Publicly Owned Facilities, Buildings or Services: In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide other City services. (8) Capital Improvements Planning: The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan and Three- Year Capital Budget program. d. Effective Term pursuant to Texas Local Government Code 43.056(1) This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. e. Special Findings The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. 4 The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. f. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. g. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. h. Level of Service Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 5 EXHIBIT A METES AND BOUNDS Field notes of a 9.780-acre tract being a portion of County Road 43 and County Road 18. Said 9.780-acre tract being out of Sections 29, 30, 33, and 34, "Laureles Fann Tracts" as shown on the plat recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. Said 9.780-acre tract being more particularly described as follows: BEGINNING at a point in the north line of this survey, at the intersection of the center of Farm to Market 2444 (A.K.A. South Staples Street), and the extension of the center of County Road 43, said point also being the common corner of the north and south halves of Sections 29 and 30. THENCE with the common line of the north and south half of Section 30, the center of Farm to Market 2444, and this survey, North 89011 '13" East, a distance of 20.00 feet to a point at the intersection of the center of Farm to Market 2444 and the extended east right of way of County Road 43, and for the upper northeast corner of this survey. THENCE with the common line of the extension of the east right of way of County Road 43 and this survey, South 00048'58" East, at a distance of 50.00 feet pass a point for the northwest corner of the Cypress Point Capital, LLC 37.44 acre tract described in a deed recorded in Document No. 2017046839, Official Public Records of Nueces County, Texas, at a distance of 1908.12 feet pass a point for the southwest corner of said 37.44 acre tract, and for the northwest corner of the Al Development, INC 122.56 acre tract described in a deed recorded in Document No. 2015038326, Official Public Records of Nueces County, Texas, and in all a total distance of 5,260.64 feet to a point in the intersection of the east right of way of County Road 43 and the north right of way of County Road 18, for the southwest corner of said 122.56 acre tract, and for an inside corner of this survey, from WHENCE a 5/8" re-bar found in the intersection of the center of County Road 43 and the center of County Road 18, and for the common corner of the north and south halves of Sections 33 and 34 bears South 89011 '26" West, a distance of 20.00 feet and South 00048'58" East, a distance of 20.00 feet. THENCE with the common line of the north right of way of County Road 18, said 122.56 acre tract, and this survey, North 89011 '26" East, at a distance of 1 ,337.63 feet pass the southeast corner of said 122.56 acre tract, and for the southwest corner of the GTHH Development, LLC 136.02 acre tract described in a deed recorded in Document No. 2016025037, Official Public Records of Nueces County, Texas, at a distance of 2,635.69 feet pass a 5/8" re-bar found for the southeast corner of said 136.02 acre tract, and for the southwest corner of the Old Square, LLC 61 .68 acre tract described in a deed recorded in Document No. 2021031571 , Official Records of Nueces County, Texas, at a distance of3,935.86 feet pass a 5/8" re-bar found for the southeast corner of said 61 .68 acre tract, in the west line of the Michael Theodore Joseph Meaney and Marie Meaney 143.79 acre tract described in a deed recorded in Document No. 2012025925, Official Public Records of Nueces County, Texas, at a distance of 5,241 .80 feet pass the west right of way of County Road 41 , and in all a total distance of 6 5,261 .80 feet to a point in the center of County Road 41 , in the east line of said 143.79 acre tract, in the common line of Sections 32 and 33, and for the lower northeast corner of this survey. THENCE with the common line of the center of County Road 41 , said 143.79-acre tract, Sections 32 and 33, and this survey, South 00°48'34" East, at a distance of 20.00 feet pass a concrete monument previously set in the intersection of the center of County Road 41 and the center of County Road 18, for the common corner of the north and south halves of Sections 32 and 33, for the southeast corner of said 143.79-acre tract, and for the northeast corner of a the EI Casaga, LTD 320 acre tract described in a deed recorded in Document No. 2000027265, Official Records of Nueces County, Texas, and in all a total distance of 40.00 feet to a point at the intersection of the center of County Road 41 and the extended south right of way of County Road 18, and for the southeast corner of this survey. THENCE with the common line of the south right of way of County Road 18 and this survey, South 89°11 '26" West, at a distance of 5,281 .80 feet pass a point in the intersection of the center of County Road 43 and the south right of way of County Road 18, and in all a total distance of 5301 .80 feet to a point in the intersection of the south right of way of County Road 18 and the west right of way of County Road 43 and for the southwest corner of this survey. THENCE with the common line of the west right of way of County Road 43 and this survey, North 00048'58" West, at a distance of20.00 feet pass a point in the intersection of the center of County Road 18 and the west right of way of County Road 43, from WHENCE a railroad spike found in the intersection of the center of County Road 18 and the center of County Road 47 and for the common corner of the south and north halves of Sections 35 and 36 bears South 890 1 1 '26" West, a distance of 10,541.56 feet; at a distance of 3,084.12 feet pass a point in the intersection of the west right of way of County Road 43 and the south line of the City of Corpus Christi 13.48 acre tract described in a deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, at a distance of 4,158.63 feet pass a point in the intersection of the west right of way of County Road 43 and the common line of said 13.48 acre tract and of the City of Corpus Christi 15.55 acre tract described in said deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, and in all a total distance of 4,950.63 feet to a point in the intersection of the west right of way of County Road 43 and the north line of said 1515.55-acreract, for the southeast comer of the City of Corpus Christi 0.07-acre tract described in said deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, and for an inside comer of this survey. THENCE with the common line of said 0.07-acre tract, said 15.55-acre tract, and this survey, South 89011 '02" West, a distance of 10.00 feet to a point in the current west right of way of County Road 43, in the north line of said 15.55-acre tract, for the southwest comer of said 0.07-acre tract, and for an outside comer of this survey. THENCE with the common line of the current west right of way of County Road 43, the west line of said 0.07-acre tract, and this survey, North 00048'58" West, at a distance of 300.00 feet pass a point in the intersection of the west right of way of County Road 43 and the south right of way of Farm to Market 2444, and in all a total distance of 350.00 feet to a point in the center of Farm to Market 2444, in the common line of the north and south halves of Section 29, and for the northwest comer of this survey. THENCE with the common line of the center of Farm to Market 2444, the north and south halves of Section 29, and this survey, North 89011' 13" East, a distance of 30.00 feet to the POINT of BEGINNING of this tract, and containing 9.780 acres of land, more or less. Notes: 1 .) Bearings are based on Global Positioning System NAO 83 (93) 4205 Datum. 2.) Set 5/8" re-bar= steel re-bar set with yellow plastic cap labeled Brister Surveying. 8 EXHIBIT B ANNEXATION AREA MAP ca6am South Slde ® � 7 1--�.,� FM 2444 TX 357 r t Oso Creek ■i��e TX2&fi Annexation Area '� Legend ,.Annexation Area City Limits Property Lines 0 5001,000 2,000 3,000 4,000 Feet Tract B: i � ��► L Annexafiion Area' Fr ----- ---------- `ROW:Stree �ght-o-w 9 Petition Requesting Annexation of Portions of County Roads 18 and 43 Public Hearings City Council Presentation ! November 15, 2022 Vicinity Map for Tracts A & B LiY �l w � e F , Annexation Tracts A & B i ,aaa Annexation Area " r Legend v`:� N { Annexa[on Area Property Lines ���!`t 0 5001,000 2000 3000 4,000 Tra of A. Feet Annexation 37.440 Acresao b„ ��V���n ��19/p��s• w Irys 9�i �RIf9�`y�l Tract B. I !� �I,��I/►q Annexation Area('ROW) ' weft^1►I�.���\ 9.780 Acres _ l - . -1....:..::...b:.......: .............:....:,::..I --- o -----6�u --- — - Z� �m� 4B 6B �Br �: *ROW,Street Right-0f-way 3 wa , Background LiY • Tract A: 37.44 acres owned by Cypress Point Capital LLC • Tract B: 9.78 acres being portions of CR 18 and CR 43 owned by Nueces County • The purpose of annexing County Roads 18 and 43 is to extend the City limit line to a 37.44-acre property at the corner of FM 2444/South Staples Street and CR 43, which is owned by Cypress Point Capital LCC. • Once "contiguous" to the City limit line, Cypress Point Capital will be eligible for annexation and later reimbursement from the Water Trust Fund to support the development of a 28-unit single-family subdivision. Background wa , LiY • Texas Local Government Code section 43.1055 provides a process for a city to annex road right-of-way (ROW) upon the request of who owns/maintains the ROW. • This Public Hearing is the first step in the process of annexing the County Roads. • No decision about whether to annex any property is being made today. Annexation Schedule LiY 11-1-2022 - City Council Resolution Directing Staff to Prepare a Service Plan 11-4-2022 - Public Notice for 1st & 2nd Public Hearings 11-15-2022 - Hold 1St & 2ndCity Council Public Hearings 12-20-2022 - One Reading Ordinance; Annexation Complete so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 City Council Meeting First Reading November 15, 2022 1852 Second Reading December 6, 2022 DATE: November 1, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Director of Finance and Procurement Heatherh3ctcctexas.com 361-826-3227 Public hearing and ordinance to extend the term for Tax Increment Reinvestment Zone (TIRZ) #2 to December 31 , 2042, amend the boundaries, and amend the project and financing plan. CAPTION: Public Hearing and First Reading Ordinance amending Ordinance No. 024270, which created the Reinvestment Zone No. 2, City of Corpus Christi ("TIRZ#2") on Padre Island, by extending the term to December 31, 2042; modifying the boundaries to add the portions of the Whitecap PID that are currently outside the TIRZ #2 boundary; and amending the Tax Increment Reinvestment Zone # 2 Amended Project & Financing Plans to add continuing maintenance of the Packery Channel through December 31, 2042 at a cost of$36,400,000, infrastructure improvements to R. Briscoe King Pavilion in the amount of$2,000,000, creation of a multi- mobility plan at a cost of$150,000, and infrastructure improvements related to the Whitecap PID development in the amount of$11,500,000, as recommended by the TIRZ #2 Board on October 25, 2022 and November 1, 2022. SUMMARY: This item will hold a public hearing and provide for the first reading of an ordinance to extend the term of the TIRZ #2 for an additional 20 years with the new term beginning January 1, 2023 and ending December 31, 2042. The ordinance will also amend the current boundaries to include portions of the Whitecap Public Improvement District (PID) that is currently not in the zone. The final action included in the ordinance is to amend the Project and Financing Plan to include $2.OM for improvements to R Briscoe King Pavilion, $36AM for ongoing maintenance activities for Packery Channel, $150,000 for a mobility plan, and $11.5M developer reimbursement for public infrastructure including public mobility bridges, water exchange culvert, and public walking trails. BACKGROUND AND FINDINGS: TIRZ #2 was created to support the local share of the North Padre Island Storm Damage Restoration Project known as Packery Channel. The project was funded through 100% of the taxes generated on the increment above the base year from the City of Corpus Christi, Nueces County, Dell Mar College, and the Nueces County Hospital District. Del Mar college ended their participation in 2011. The TIRZ is set to expire on December 31, 2022. Texas Tax Code 311 is the statute that defines Tax Increment Zones. Per section 311.007, the term of a zone can be extended by the governing body by providing notice and holding a hearing. The statute does not require that the zone meet the initial designation criteria at the time that the term is extended. Legislation adopted in 2011 broadened the eligible uses of a TIRZ and this economic development tool has been used successfully across the state to encourage and support economic development. The allowable uses for funds collected by the zone include: • Public infrastructure that benefits the zone • Public improvements that benefit the zone • Capital maintenance of public infrastructure/improvements within the zone • Programs or other projects that benefit the zone • Reimbursement to private parties that make improvements to benefit the zone but would not occur"but for' creation of the zone The actions involved in the extension of TIRZ #2 include: • Extending the term • Modifying the boundaries • Choosing project and expenses to be funded by the TIRZ • Setting a contribution amount • Amending the Project and Finance Plan • Amending the interlocal agreement with Nueces County The TIRZ #2 Board met on October 25, 2022 and November 1, 2022 to discuss the extension of the term of the zone, the modification of boundaries, and amendments to the Project and Financing Plan. The Board made the following motions: 1. Motion to recommend extension of term until December 31, 2042 and add two additional board members to be appointed by City Council on the recommendation of Nueces County: If the Zone is allowed to expire, all increment growth would be lost and the base year reset. The Board is recommending that the term be extended for an additional 20 years, and the expiration date be set for December 31, 2042. Included in the motion is to appoint two additional TIRZ board members on the recommendation of Nueces County. These two members would replace the positions held by representatives from Flour Bluff ISD and the Nueces County Hospital District. In addition, staff recommends maintaining the current contribution rate of 100% until further discussions are held about future project and expense needs and a revenue requirement is calculated. 2. Motion to recommend modification of boundaries to include all portions of Whitecap Public Improvement District (PID) that are currently outside the Zone: Currently there are two sections of the Whitecap PID that are not currently included in the Zone. The modification of the boundaries is time sensitive because if the boundaries are not amended before the end of the calendar year, the increment created since January 1, 2022 will be lost and the base year will be set as the value as of January 1, 2023. The Board recommends that the boundaries be modified to ensure the Whitecap PID boundaries are wholly contained within the Zone boundaries. 3. Motion to recommend modifications of boundaries to include the areas recommended by Nueces County including the Packery Channel Nature Park and Padre Balli Park: Nueces County Commissioners Court passed a motion requesting the TIRZ boundaries be modified to include Nueces County assets including the Packery Channel Nature Park and Padre Balli Park. This motion will be brought for City Council consideration at a later date once required geographical information has been completed. 4. Motion to recommend modifications to the project and financing plan for inclusion of the following: • Addition of an amount of $36,400,000 for ongoing Packery Channel maintenance. Based on engineering estimates an average of$1.5M annually will be needed for ongoing maintenance, dredging, beach nourishment and monitoring of the Packery Channel to ensure the channel continues to function as intended. The $1.5M annually adjusted for inflation over the 20-year period totals $36,400,000. • Addition of an amount not to exceed $11,500,000 for developer reimbursements for public infrastructure in the Whitecap development for public mobility bridges,water exchange culvert, and public walking trails. The developer is requesting reimbursement from the TIRZ for public infrastructure that includes nature trails, public mobility bridge at Commodores Drive, public mobility bridge at Encantada Avenue, two mobility bridges over the Island Walk canal, and a water exchange culvert at Aquarius Street. These assets will be open to the public and for use by the public. Assets, not including the bridges in the public right of way will be maintained by the PID for the life of the PID. The assets will be eligible for reimbursement once completed and accepted by the City. The reimbursement for projects within the development will be made from up to 50% of the contribution created by the increment resulting from the Whitecap PID area. • Addition of an amount not to exceed $150,000 for a multi-mobility plan. During the development of the Padre and Mustang Island Area Development Plan (the ADP) in 2020- 21, the Island community identified the need for a multi-modal transportation network, such as for golf carts, pedestrians, and bicycles, as a high priority. As a result of the community's input, Section 1.10 of the adopted ADP states the following for action: Conduct a transportation study to identify walking, cycling, and golf cart pathways that connect residential neighborhoods to commercial and retail uses, as well as the east and west sides of the Island. Once complete, this type of transportation study, or Island Mobility Plan, would recommend routes for new multi-modal transportation networks and specific improvements needed within the main rights-of-way on the Island. This plan will also be utilized to assist TXDOT with the design of the Park Road 22 project highlighted in the 2020-2045 Metropolitan Transportation Plan (MTP). • Addition of an amount not to exceed $2,000,000 for improvements to R Briscoe King Pavilion. The Briscoe King Pavilion is a community gathering place on the Island. The facility needs repairs and upgrades including installation of climate control systems, modifications to meet current ADA requirements, conversion from a septic system to the public sewer system, installation of fire protections systems, and improvements to the parking areas. Future TIRZ Board meetings will be scheduled after the first of the year to continue discussions about further recommendations for amendments to the Project and Financing Plan, the contribution amount and possible funding caps, possible participation by Del Mar College, and to amend the budget for FY2023. ALTERNATIVES: The City Council could choose not to extend the term, modify the boundaries, or include the recommended modifications to the project and financing plan. If the extension of the term is not approved, the TIRZ will expire on December 31, 2022. FISCAL IMPACT: There is no fiscal impact associated with today's actions. RECOMMENDATION: Staff recommends approval of the recommendations made by the TIRZ #2 Board. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 1, 2022 DATE: October 14, 2022 TO: Peter Zanoni, City Manager FROM: Mike Culbertson, Interim CEO, Corpus Christi Regional EDC mculbertsonCa)-ccredc.com (361) 882-7448 Chapter 380 Agreement with Net Zero Carbon One, LLC CAPTION: Resolution approving a Chapter 380 agreement with Net Zero Carbon One, LLC in the total amount not to exceed $500,000 for the development of an electrofuels processing plant located near 5238 Union Street. SUMMARY: The company will invest $25 million in construction and create twenty-five high paying jobs. This Chapter 380 agreement would rebate to the project the amount equivalent to 100% of their city ad valorem maintenance and operation taxes in the first year and 50% of those taxes in years two through five. This amount will be capped at $500,000. BACKGROUND AND FINDINGS: Net Zero Carbon One, LLC is a technology-based electrofuels innovator with a mission to decarbonize the transportation sector and help mitigate the catastrophic effects of climate change. This groundbreaking electrofuels are an ultra-low carbon fuel alternative to existing liquid jet and diesel fuels that may be used in planes, ships and truck fleets with no costly infrastructure changes. The Corpus Christi plant would be located at the Javelina Plant on Howard Energy Partner's land. They will invest at least $25 million and create 25 full-time jobs. This demonstration plant will use waste carbon dioxide, renewable power, and water to produce a net- zero carbon diesel fuel that can be used in existing diesel engines. This is carbon that would otherwise be released to the atmosphere. Net Zero is instead capturing this carbon and will create fuel with it. This will put the City on the map as a green center for this type of technology that captures carbon and makes a fuel plus the facility will create up to 10 MW of power that the facility will use to power itself. This is the process, that we as a country, have been looking at to reduce pollution and find a method to capture carbon and find a new use for it. ALTERNATIVES: The City could not approve the Chapter 380 agreement. FINANCIAL IMPACT: The City's incentives are capped at $500,000. The benefit to the city is over $500,000 in new taxes, net of the incentive, over ten years plus they would have a first of its kind plant in the United States. There is no fiscal impact in FY 2023 and the rebate amount will be included in the budget once the plant receives it's certificate of occupancy and full value is on the tax rolls. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approving the Chapter 380 agreement with Net Zero Carbon One, LLC. LIST OF SUPPORTING DOCUMENTS: Resolution Chapter 380 Agreement 1 Resolution approving a Chapter 380 agreement with Net Zero Carbon One, LLC in the total amount not to exceed $500,000 for the development of an electrofuels processing plant located near 5238 Union Street. WHEREAS, Net Zero Carbon One, LLC has proposed to construct an approximately $25,000,000 electrofuels processing plant within the City of Corpus Christi and to create 25 new jobs with average annual wages and bonuses of $97,000; and WHEREAS, Net Zero Carbon One, LLC has applied for incentives through a Chapter 380 agreement, which would provide reimbursement payments over five years in the amount not to exceed $500,000 based on stated percentages of the amount of ad valorem tax that the Net Zero Carbon One, LLC pays on the improvements for the plant; and WHEREAS, the City recognizes the positive economic impact that the proposed Chapter 380 agreement will have on the City through creation of jobs, stimulation of business and commercial activity in the City, and increased tax revenues related to the construction of the proposed plant; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this project. SECTION 2. That the City Manager or designee is authorized to execute a Chapter 380 agreement with Net Zero Carbon One, LLC in the total amount not to exceed $500,000 for the development of an electrofuels processing plant located near 5238 Union Street. z PASSED AND APPROVED on the day of 2022: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND NET ZERO► CARBON ONE, LLC Page 1 of 19 Ch 380 Agreement Template CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This Chapter 380 Economic Development Incentive Agreement ("Agreement") is entered into as of , 20_by and among the CITY OF CORPUS CHRISTI, TEXAS, a home rule city ("City") and Net Zero Carbon One, LLC, a Delaware Limited Liability Company ("Company"). RECITALS WHEREAS,the Company desires to develop an electrofuel plant as more particularly described in the conceptual plan for the project attached hereto as Exhibit"A"(the "Project"),in Corpus Christi,Texas; and WHEREAS,the City has established a program in accordance with Article III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, the Corpus Christi City Council has adopted Resolution No. authorizing City to make certain economic development grants up to $500,000 to Company in recognition of, conditioned upon and derived from the positive economic benefits that will accrue to City through Company's development of a Project together with certain public improvements for the benefit of City,with a minimum Capital Investment by Company of$25,000,000, all as more particularly described herein on EXHIBIT "A;" and WHEREAS, the payments to Company under this Agreement are exclusively performance-based so that no payments will be made to Company until and unless the Project is constructed and operated, resulting in tax revenues from the Project which then will provide income to the City and the payments to Company,described herein; and WHEREAS, the City has concluded and hereby finds that this Agreement promotes economic development in the City of Corpus Christi and, as such,meets the requirements under Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City and Company; and WHEREAS, the City recognizes the positive economic impact that the Project will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs,the attraction of new businesses, and the additional tax revenue generated by the Project for the City; and WHEREAS, in consideration of the development, construction and building of the Project, which will assist in stabilizing the existing Property Tax Revenues to the City and create at least 25 full time jobs located at the Project location, the City agrees to use such funds in order to provide the Reimbursement Amount(as defined herein)to the Company directly in the amount described in Article V of this Agreement; and WHEREAS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article III, Section 52-a of the Texas Constitution, Chapter 380 of the Texas Local Page 2 of 19 Ch 380 Agreement Template Government Code and other law,the Company has agreed to comply with certain conditions to the payment of those benefits; NOW, THEREFORE,in consideration of the mutual benefits described in this Agreement,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, City and Company agree as follows: ARTICLE I REPRESENTATIONS 1.1 Representations of the Ci1y. The City hereby represents to the Company that as of the date hereof (A) The City is a duly created and existing municipal corporation and home rule municipality of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Agreement. (B) The City has the power, authority and legal right under the laws of the State of Texas and the City Charter to enter into and perform this Agreement and the execution, delivery and performance hereof (i)will not,to the best of its knowledge,violate any applicable judgment, order,law or regulation,and(ii) do not constitute a default, or result in the creation of any lien, charge, encumbrance or security interest upon any assets of the City,under any agreement or instrument to which the City is a party or by which the City or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the City and constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. (D) The execution, delivery and performance of this Agreement by the City do not require the consent or approval of any person which has not been obtained. 1.2 Representations of the Company. The Company hereby represents to the City that as of the date hereof, (A)The Company is duly authorized and existing and in good standing as limited liability company registered in accordance with the laws of the State of Texas,and shall remain in good standing in the State of Texas during the Term of this Agreement. (B) The Company has the power,authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof, (i) have been duly authorized, and will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to the Company or of the provisions of any agreement or instrument to which Company is a party or by which it may be bound, and(ii)do not constitute a default or result in the creation of,any lien, charge, encumbrance or security interest upon any assets of the Company under any agreement or instrument to which the Company is a party or by which the Company or its assets may be bound or affected. (C)This Agreement has been duly authorized,executed and delivered and constitutes a legal,valid and binding obligation of the Company, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to time relating to or affecting Page 3 of 19 Ch 380 Agreement Template the enforcement of creditors' rights and(ii) certain equitable remedies including specific performance may be unavailable. ARTICLE II DEFINITIONS The recitals to this Agreement are hereby incorporated for all purposes. The terms, "Agreement," "Chapter 380,""City,""Company,"and"Project"shall have the above meanings, and the following words or phrases shall have the following meanings: 2.1 "Act of Default"or"Default"means failure to timely,fully, and completely comply with one or more requirements, obligations, performance criteria, duties, terms, conditions or warranties, as stated in this Agreement. 2.2"Assessed Taxable Value"means the taxable assessed ad valorem tax values set annually by the Nueces County Appraisal District with respect to the Property,improvements,and tangible personal property(with a depreciation schedule of seven years or greater) included in Project, including all improvements now or hereafter included therein, but excluding any assessed value attributable to the Property as of January 1, 2022 and excluding any assessed value attributable to inventory and to land. 2.3 "Certificate of Occupancy" shall mean that document entitled "Certificate of Occupancy" (or other similar title) issued by City upon substantial completion of certain portions of the Project in accordance with all applicable codes, regulations, and ordinances of City. A Certificate of Occupancy shall not include a certificate issued in error, mistake or misrepresentation of facts or any temporary Certificate of Occupancy. 2.4 "Chapter 380 Payment(s)"means the amount(s) payable by City to Company under Article V of this Agreement, to be paid from Property Tax Revenue. 2.5 "Commence Construction" means (i) to commence the work of constructing the improvements or features at the Property with all approvals thereof required by applicable governmental authorities obtained as necessary; (ii) a notice to proceed has been issued to the contractor; and (iii) onsite construction of the site development components (such as drainage, extensive grading or utilities) is underway and being pursued. 2.6"Completion"means to any improvement or feature as to which Commence Construction has occurred, (i) substantial completion of said particular structure in accordance with the terms of this Agreement and the plans and specifications therefor, (ii) issuance of Certificates of Occupancy for the improvements or features for which Certificates of Occupancy may be issued, and (iii)the improvement or feature is Open for Business. 2.7 "Compliance" means timely, fully and completely performing or meeting each and every term, requirement, obligation,performance criteria, duty,condition or warranty as stated in this Agreement. 2.8 "Continuously Operate" means compliance with the Jobs Requirement, operation of the Project in accordance with the standard of operation for comparable facilities,and possession of all personal property and inventory necessary for the operation in accordance with the standard of operation for comparable facilities. 2.9 "Effective Date" means the first date by which this Agreement has been signed by all of the parties hereto. Page 4 of 19 Ch 380 Agreement Template 2.10 "Federal Bankruptcy Code" means Title 11, United States Code, as amended, and any successor statute. 2.11 "Fiscal Year"shall mean the twelve consecutive month period designated by the City as its fiscal year. As of the date of this Agreement, the City's fiscal year commences on October I and ends on the next succeeding September 30. 2.12 "Force Majeure"means any act that(a)materially and adversely affects the affected Party's ability to perform the relevant obligations under this Agreement or delays such affected Party's ability to do so, (b) is beyond the reasonable control of the affected Party, (c) is not due to the affected Party's negligence or willful misconduct and(d)could not be avoided by the Party who suffers it by the exercise of commercially reasonable efforts (provided that such commercially reasonable efforts shall not require such Party to expend a material amount of money to avoid the act giving rise to a Force Majeure). Subject to the satisfaction of the conditions set forth in (a) through (d) above, Force Majeure shall include but not be limited to: (i) natural phenomena, such as storms, floods, lightning and earthquakes; (ii) wars, civil disturbances, revolts, insurrections, terrorism, sabotage and threats of sabotage or terrorism; (iii) transportation disruption,whether by ocean, rail,land or air; (iv) strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party; (v)fires;(vi)the unavailability of necessary and essential equipment and supplies;and(vii)actions,omissions of or delays by a Governmental Authority (including the actions of City in its capacity as a Governmental Authority)that were not voluntarily induced or promoted by the affected Party, or brought about by the breach or noncompliance by the affected Party of its obligations under this Agreement or any applicable law; provided, however, that under no circumstances shall Force Majeure include any of the following events: (A)economic hardship;(B)changes in market condition; or (C) weather conditions which could be anticipated by experienced contractors operating at the relevant location and exercising commercially reasonable business judgment. 2.13 "Insolvent"means failure to timely pay debts in the ordinary course of business or failure to pay all debts when and as they become due,or insolvent within the meaning of the Federal Bankruptcy Code. 2.14 "Jobs Requirement" means the creation of new full-time equivalent positions in accordance with Section 4.3 below, which,once created, must be retained for the full term of the Agreement. 2.15 "Maximum City Commitment"shall mean the largest commitment due by the City to the Company as determined in Article V. 2.16 "Open for Business"means open for full-time business operations with products and/or services that are necessary for Continuous Operation of the Project. 2.17 "Property"means the boundaries of the Project as more fully described in Exhibit B. 2.18 "Property Tax Revenues" means the M&O portion only of the City ad valorem taxes attributable to the Project for the Term of the Agreement and collected by the City in each Fiscal Year. This definition is limited to ad valorem taxes on property related to the Project and owned by Company and does not include reimbursement of any ad valorem taxes attributable to the value of the land on which the Project is constructed. 2.19 "Reimbursement Amount"shall mean the portion of the Property Tax Revenues,that the City agrees to pay to the Company during the Term of the Agreement, but limited to the maximum City Commitment as stated herein, if the Company satisfies the conditions thereto stated in this Agreement. Page 5 of 19 Ch 380 Agreement Template 220 "Term"means the period defined in Article III of this Agreement. ARTICLE III TERM The term of this Agreement(the"Term")will begin on the Effective Date and will terminate upon the first to occur of(a)seven full calendar years after the Effective Date or(b)termination as provided for herein. ARTICLE IV COMPANY REQUIREMENTS 4.1 Development. If the Company performs the following requirements,City agrees to pay the Chapter 380 Payments as stated in this Agreement. Should Company fail to meet any of the requirements listed in this Section, Company shall forfeit all 380 Payments and this Agreement will terminate. A summary of the obligations of each Party (as listed in this Article IV and in Article V below)is attached to this Agreement as Exhibit C. If there is any conflict between Exhibit C and this Agreement,this Agreement will control. (A) Company must achieve Completion of the Project within the time fi-ame described below subject to extension for Force Majeure, and expend at least $25,000,000 on the Project, including design and construction costs. (B) Company must Commence Construction of the Project no later than six months after the Effective Date of this Agreement,subject to extension upon approval by the City Manager or designee,and must reach Completion of the Project no later than twelve months after it Commences Construction,subject to extension upon approval by the City Manager or designee. (C) The Company shall pay, or cause third parties to pay, its engineering, planning, accounting, architectural, Iegal fees and expenses, survey, testing, laboratory costs, license fees, land clearing and grading costs,advertising and other bidding costs,amounts due under construction contracts,costs of labor and material,insurance premiums,interest,carry cost,financing fees and other costs and expenses incurred in connection with the construction of Company improvements and features. (D) If requested by the City, the Company must reasonably assist the City in the preparation of any documentation necessary to enable the City to prepare and obtain approval of any of the documents or actions required of the City to perform any of its obligations under this Agreement. The City shall not be responsible for any of such costs out of its current revenues or other sources, except in accordance with payment of Chapter 380 Payments to the Company as provided in this Agreement. (E) Upon Completion of the Project and during the term of this Agreement, the Company shall maintain the Property, improvements and premises in a commercially reasonable manner, comparable to the maintenance of similar establishments and must comply with the Jobs Requirement.. 4.2 Operational Requirement. During the Term following Completion of construction, Project must be Continuously Operated, subject to Force Majeure. If Project, once in operation, is not Continuously Operated during any calendar year, subject to Force Majeure,then upon written notice thereof being given to Company by the City and the failure of Company, within 60 days after the city gives said notice, to commence Continuous Operation, City may terminate the Agreement. Page 6 of 19 Ch 380 Agreement Template 4.3 Jobs Requirement. No later than two years after Commencing Construction, Company must create 25 new,permanent full-time equivalent jobs for the Project with an average annual salary, including all wages and bonuses, of at least $97,000. Once created, the Company must retain such jobs for each year that benefits are received under this Agreement. Should Company fail to meet the Jobs Requirement in any one year after first creating the full 25 jobs, Company shall receive a reduced percentage of the Chapter 380 Payments for that year. Such reduction will be in that percentage equal to the percentage by which Company fails to retain all required jobs under the Jobs Requirement. For example, if Company retains only 20 jobs for any given year, then the Chapter 380 Payments for that year will be reduced by 20% (5125 jobs not retained). However, if Company fails to meet at least 70%of any of the Jobs Requirements in any one year by retaining fewer than 18 jobs,then Company is not entitled to any payment for that year. 4.4 Utilization of Local Contractors and Suppliers. Company agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project at the Property, 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 the intersection of Leopard Street and Staples Street in Corpus Christi, Texas. This goal shall apply to the total amount of all construction contracts and supply agreements made by the Company in connection with the construction of the Project at the Property.The Company agrees,during the construction ofthe Project and for four years after Completion,to maintain written records documenting the efforts of the Company to comply with the Local Requirement,and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement,in the sole determination of the City Manager or designee,shall be a default hereunder. 4.5 Sales Tax Sourcing. Company shall, except where not reasonably possible to do so without significant added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, utilize, or cause its contractors to utilize, Separated Building Materials and Labor Contracts for all taxable building material contracts related to the Project in the amount of$100,000 or more, to site payment of the sales tax on building materials for the Project to the Project location. The Company agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Company to comply with this Sales Tax Sourcing Requirement., and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 4.6 Utilization of Disadvantaged Business Entemrises (DBE). (A) Company agrees to exercise reasonable efforts in utilizing contractors and suppliers for work at the Property 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. The Company agrees to a goal of 15% of the total dollar amount of all construction contracts and supply agreements for work at the Property being paid to disadvantaged business enterprises,with a priority made for disadvantaged business enterprises which are local. The Company agrees,during the construction of the Project at the Property and for four years after Completion, to maintain written records documenting the efforts of the Company to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in Page 7 of 19 Ch 380 Agreement Template 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. (B) 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 the intersection of Leopard Street and Staples Street in Corpus Christi,Texas. This goal shall apply to the total amount of all construction contracts and supply agreements for elements that are not owner-provided or owner affiliate- provided made by the Company in connection with the construction of the Project. 4.7 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 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. 4.8 Health Insurance. To qualify for this incentive, Company shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 4.9 Compliance with City Standards. Company acknowledges that, unless specifically otherwise provided in this Agreement,development of the Project must comply with all applicable City codes and ordinances. For any development requirements not covered in this Section or in the remainder of the Agreement, the applicable City code and ordinance provisions shall control. ARTICLE V PROJECT FINANCING AND FUNDING 5.1 Project Financing. The City shall fund the Reimbursement Amount through the Term of this Agreement from the following sources and in the following manner: the City shall budget the appropriation of Reimbursement Amount from the M&O portion only of the Property Tax Revenues collected from the Project in each fiscal year for the Term of this Agreement,subject to approval of City Council, 5.2 City Commitment. (A) Pursuant to its authority under Chapter 380,the City hereby agrees to pay the Reimbursement Amount to the Company. It is intended by the parties that the Reimbursement Amount will be paid by the City solely out of the amounts appropriated and budgeted specifically to make Chapter 380 Payments to the Company as provided in this Agreement(the"City Commitment")in each fiscal year following the tax year for which the taxes were paid. The City Commitment will commence upon Completion and will continue through and until the maximum City Commitment has been paid to the Company or the Agreement terminates in accordance with Article III, whichever occurs first. The City agrees that it will pay the Reimbursement Amount during the term of this Agreement, if the Project is Commenced and Completed as required herein and Company complies with all of the requirements of this Agreement, subject to appropriation by City Council. (B)The Parties agree that the maximum City Commitment shall be $500,000,and such obligation an behalf of the City will be limited solely to the funds annually appropriated by City Council pursuant to this Agreement. Upon such time as the City has paid the maximum City Commitment in full,the City shall have no further obligation under this Agreement. Page 8 of 19 Ch 380 Agreement Template (C) Property Tax Revenues. Beginning after the Completion of the Project and continuing for the Tenn of this Agreement, the City shall, for each tax year, determine the amount of the Property Tax Revenues received by the City and attributable to the Project in cooperation with the Company. The City hereby agrees to budget the appropriation of Reimbursement Amount from the M&O portion only of the Property Tax Revenues collected from the Project to be paid in each fiscal year for the Term of this Agreement, in the percentages stated in Section 5.3 herein, subject to approval of City Council. 5.3 Reimbursement Amounts to be Paid by City to Company. Company shall annually provide the City a completed request for reimbursement in the form attached hereto as Exhibit D, no later than March 1 of each year following the Completion of the Project, stating Company's figures attributable to the Project and the corresponding amount of Property Tax Revenue. Within 60 days of receiving written request from Company, accompanied by all reasonable supporting documentation from Company that it has fully complied with its performance requirements, subject to the satisfaction of Company's Commitments under Article W herein and Company's timely and full compliance with all applicable terms and conditions contained in this Agreement, City shall pay to Company the applicable Chapter 380 Payments attributable to the Project based on the percentages stated below for the Property Tax Revenues collected by City on the Project, subject to the limitations set forth herein. Payments: Year 1 After Completion (for taxable value as determined on the first January I after Completion of the Project): 100%of applicable Property Tax Revenues up to City Commitment Years 2-5: 50% of applicable Property Tax Revenues up to amount remaining amount of the City Commitment After Year 5: 0%of applicable Property Tax Revenues The City Commitment attributable to the Project to be paid to Company shall not, under any circumstances,exceed $500,000. ARTICLE VI COVENANTS,WARRANTIES,OBLIGATIONS AND DUTIES OF COMPANY If the Company shall have made any false or substantially misleading statement herein or failed to timely and fully perform as required in this Agreement, such shall be an Act of Default by Company. Failure to comply with any one covenant or warranty shall constitute an Act of Default by Company. Company, as of the Effective Date,makes the following covenants and warranties to City,and agrees to timely and fully perform the following obligations and duties. 6.1 Litigation.No litigation or governmental proceeding is pending or, to the knowledge of Company, or its officers,threatened against or affecting Company or the Property that may result in any material adverse change in Company's business,properties or operation. 6.2 Untrue Statements. To the best of their knowledge, no certificate or statement delivered by Company to City in connection herewith, or in connection with any transaction contemplated hereby, contains any untrue statement or fails to state any fact necessary to keep the statements contained therein from being misleading except those which have been replaced by subsequent certificates or statements heretofore given to the City in substitution. Page 9 of 19 Ch 380 Agreement Template 6.3 Bankruptcy. There are no bankruptcy proceedings or other proceedings currently pending or contemplated,and Company has not been informed of any potential involuntary bankruptcy proceedings. 6.4 Licenses and Author. To the best of its knowledge, Company has acquired and maintained all necessary rights, licenses, permits and authority to carry on its business in Corpus Christi,Texas, and will continue to use commercially reasonable efforts to maintain all necessary rights, licenses, permits and authority. 6.5 Payment of Taxes. Company shall timely pay all taxes due and owing by them to all taxing authorities having jurisdiction.In addition,Company shall timely pay all employment,income,franchise,and all other taxes hereafter to become due and owing by them, respectively, to all local, state, and federal entities subject,however to their right to contest the same in a lawful manner. 6.6 Timely Commencement; Continuous Operations. Company acknowledges and agrees that if it fails to Commence Construction of the Project and pursue its Completion within the time periods herein provided, and acknowledges and agrees that if it fails to Continuously Operate the Project as herein provided,in either of said cases or events,the City has the right to terminate this Agreement as herein provided. 6.7 Management Changes.Company shall notify City in writing of any substantial changes in management of Company within seven days after Company's knowledge thereof. Substantial changes mean changes in Chairman of the Board, President,or Chief Executive Officer. 6.8 Ownership Changes. Company shall notify City in writing of any changes in ownership of any part of the Project or of Company within seven days after Company's knowledge thereof. 6.9 Succession of Owner"i .No change of ownership or management of any part of the Project and/or a change of ownership or management of Company shall abate, waive, terminate or in any way relieve Company of its obligations herein. 6.10 Non-discrimination, Company agrees that, as to all of the programs and activities arising out of this Agreement, it will not discriminate against any person on the basis of race, color, national origin, sex, or by reason of being disabled. 6.11 Employment of Undocumented Workers. The Company does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving Chapter 380 Payments, Company is convicted of a violation under 8 U.S.C. Section 1324a(f),Company shall repay the Chapter 380 Payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120`h day after the date the Company has been notified of the violation. ARTICLE VII SUSPENSIONS/TERMINATION City, under the following circumstances, and at its sole discretion, may temporarily suspend making Chapter 380 Payments under this Agreement and/or terminate this Agreement, without liability to Company, and all future payment obligations shall automatically cease upon any one of the following events! 7.1 Receiver. The appointment of a receiver for Company, or of all or any substantial part of its property, and the failure of such receiver to be discharged within 60 days thereafter. 7.2 Bankruptcy. The adjudication of Company as a bankrupt. Page 10 of 19 Ch 380 Agreement Template 7.3 Bankruptcy Petition. The filing by Company of a petition or an answer seeking bankruptcy, receivership, reorganization, or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding. 7.4 Failure to Comply with Audit Requirements. The failure of Company to reasonably cooperate with the City in the monitoring process described in Article VIII below. ARTICLE VIII REPORTING AND AUDITING 8.1 Audit by the City. The City may audit Company's records to determine compliance with the terms of this Agreement. This audit may be done by the City on an annual basis. Company shall provide the City an annual report, no later than March 1 of each year, stating the amount of Property Tax paid to the City by Company. 8.2 Access to Records 1 Right to Audit.Company,during normal business hours shall allow City reasonable access to its records and books and all other relevant records related to each of the economic development considerations and incentives and performance requirements, as stated in this Agreement, but the confidentiality of such records and information shall be maintained by City unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, the Texas Public Information Act,or other law. ARTICLE IX DEFAULT 9.1 Default. Subject to Force Majeure and any Variance granted under Section 11.12, should Company fail to timely, fully and completely keep or perforin any one or more of the covenants or warranties made by Company in this Agreement, such failure to perform shall be an Act of Default by Company. If such Act of Default is not cured and corrected within 60 days after written notice of such Act of Default, City may terminate this Agreement and cease making any further Chapter 380 Payments which have not been earned by performance by Company theretofore. Company shall be liable to City for any actual damages sustained by the City as a result of said Act of Default by Company under this Agreement. 9.2 City Delay. Any delay for any amount of time by City in providing notice of Default to Company hereunder, shall in no event be deemed or constitute a waiver of such Default by City or of any of its rights and remedies available in law or in equity. 9.3 City Waiver. Any waiver granted by City to Company of an Act of Default shall not be deemed or constitute a waiver of any other existing or future Act of Default by Company or of a subsequent Act of Default of the same act or event by Company. ARTICLE X CITY'S LIABILITY LINUTATIONS Should City fail to timely, fully and completely comply with any one or more of the requirements, obligations,duties,terms,conditions orwarranties of this Agreement,such failure shall be an Act of Default by City and City shall have 60 days to cure and remove the Default after receipt of written notice to do so from Company. Page 11 of 19 Ch 380 Agreement Template ARTICLE 3a MISCELLANEOUS PROVISIONS 11.1 Permittiniz. Subject to Company's complying with all applicable laws, City agrees to cooperate with Company to expeditiously process permits, including plat applications, site plan applications, building permit applications, and building and construction inspections required for the Project to be in a state of Completion. 11.2 Binding Effect, This Agreement will be binding on and inure to the benefit of the parties and their respective successors and assigns. 11.3 Assignment.Except as provided below,Company may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City, which approval will not be unreasonably withheld or delayed. 11.4 Termination. If Company elects not to proceed with the development of the Project as contemplated. by this Agreement, Company will notify City in writing, and this Agreement and the obligations of both parties will be deemed terminated and of no further force or effect as of the date of such notice. 11.5 Notice.Any notice or other communication("Notice")given under this Agreement must be in writing, and may be given: (i) by depositing the Notice in the United States Mail, postage paid, certified, and addressed to the party to be notified with return receipt requested; (ii)by personal delivery of the Notice to the party, or an agent of the party. Notice deposited in the mail in the manner specified will be effective two days after deposit.Notice given in any other manner will be effective only if and when received by the party to be notified. For the purposes of Notice,the addresses of the parties will,until changed as provided below, be as follows: Company: Net Zero Carbon One, LLC c/o Infinium Operations, LLC 2020 L Street, Suite 260 Sacramento, CA, 95811 Attn: President City: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City Attorney P.O. Box 9277 Corpus Christi, Texas 78469-9277 Any party may designate a different address at any time by giving Notice to the other party. 11.6 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. In the event of any dispute regarding the interpretation of this Agreement, this Agreement will be interpreted fairly and reasonably and neither more strongly for nor against any party based on draftsmanship. Page 12 of 19 Ch 390 Agreement Template 11.7 Relationship of the Parties.This Agreement will not be construed as establishing a partnership or joint venture,joint enterprise,express or implied agency,or employer-employee relationship between the parties_ Neither City, nor its past, present or future officers, elected officials, employees or agents, assume any responsibility or liability to any third party in connection with the development of the Project or the design, construction or operation of any portion of the Project. 11.8 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected and it is also the intention of the parties that, in lieu of each provision that is found to be illegal, invalid or unenforceable,a provision be added to this Agreement which is legal,valid or enforceable and is as similar in terms as possible to the provision found to be illegal,invalid or unenforceable. 11.9 Paragraph Headings, Etc. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the paragraphs. 11.10 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 11.11 Counterparts, This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original,but all of which will constitute one and the same instrument. A facsimile or electronic signature will be deemed to be an original signature for all purposes. 11.12 Variances. The Corpus Christi City Council, in its sole discretion,may grant and approve variances to Company from the performance criteria and development standards described herein upon application in writing therefor by Company on behalf of itself 11.13 Balance Owed under the Agreement. The total amount of money awarded in an adjudication brought against City for breach of this Agreement is limited to the following: (i)the balance then due and owed by City under the Agreement plus any balance which may become due by City during the remaining term of the Agreement, including any amendments thereto; (ii)interest as allowed by law; and (iii)attorney's fees as allowed by law. 11.14 Dam es not included.Damages awarded in an adjudication brought against City or Company arising under the Agreement, including any amendments thereto,may not include: (i)consequential damages; (ii) exemplary damages; or(iii)damages for unabsorbed home office overhead. ARTICLE XII GENERAL TERMS 12.1 Entire Agreement. This Agreement embodies the complete Agreement of the parties hereto, superseding all oral or written, previous and contemporary, agreements between the parties relating to matters in this agreement; and,except as otherwise provided herein,this Agreement cannot be modified or amended without a written agreement of the parties. 12.2 Law. This Agreement is subject to all legal requirements in City Charter and Code of Ordinances of City of Corpus Christi,Texas and all other applicable County,State and Federal laws,and Company agrees that it will promptly comply with all such applicable laws, regulations, orders and rules of the State, City and other applicable governmental agencies. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard, however,to the conflicts of laws provisions of Texas law. Page 13 of 19 Ch 380 Agreement Template 12.3 Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 12.4 Confidential. City, its officers and employees, and its agents or contractors retained to perform economic development services for City,shall treat as confidential the financial statements and information together with any proprietary information delivered by Company or its representatives to City and its representatives and shall not release such information to the public, unless required by law or court order. City shall notify Company of requests or court orders to release such information as required by law. Any information that Company considers proprietary or confidential must be clearly marked s such when provided to the City. Notwithstanding the foregoing, the Parties acknowledge that the City is a Texas governmental entity subject to the Texas Public Information Act(the "Act"). Should City receive a request for disclosure of confidential or proprietary information pursuant to the Act, City will promptly provide Company notice of such request so that Company may avail itself of any opportunities to establish reasons why the information should be withheld prior to disclosing such information. The burden of establishing the applicability of exceptions to the disclosure of information under the Act resides with Company. Should Company be unable to establish a valid exception from disclosure or exclusion from the Act,then City may release the information,solely to the extent necessary to comply with the Act. [Remainder of page intentionally left blank] Page 14 of 19 Ch 380 Agreement Template EXECUTED to be effective as of this day of , 20_ Net Zero Carbon One,LLC,a Delaware Limited Liability Company Signed on this day of _»20a--)- By: By: P'la Lausa, Governing Person LI--C- ,Business Type CITY OF CORPUS CHRISTI,TEXAS,a home-rule municipal corporation Signed on this day of '20— ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Peter Zanoni, City Manager APPROVED AS TO LEGAL FORM.- Assistant ORM:Assistant City Attorney Date Page 15 of 19 Ch 380 Agreement Template EXECUTED to be effective as of this day of , 20_ Net Zero Carbon One,LLC, a Delaware Limited Liability Company Signed on this /V*)"day of 20 By- By: Paula Lausa, Governing Person (_L-C, ,Business Type CITY OF CORPUS CHRISTI,TEXAS,a home-rule municipal corporation Signed on this day of 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Peter Zanoni, City Manager APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Page 15 of 19 Ch 380 Agreement Template Exhibit A Conceptual Plan for Project Net Zero Carbon One,LLC is a technology-based electrofuels innovator with a mission to decarbonize the transportation sector and help mitigate the catastrophic effects of climate change. Our groundbreaking electrofuels are an ultra-low carbon fuel alternative to existing liquid jet and diesel fuels that may be used in planes, ships, and truck fleets with no costly infrastructure changes. The Corpus Christi Plant will reside at the Javelina Plant on Howard Energy Partner's land. It will be a commercial demonstration of newer technology driving de-carbonization of fuels and chemicals. The process involves two principal steps,the first of which is the conversion of waste CO2 and green H2 to synthesis gas. Step one is completed by processing feedstocks in the presence of a catalyst. The catalyst has been developed by our team over the past 10 years. The catalyst technology has been extensively tested. The second step involves the conversion of synthesis gas to liquid fuels,again through the use of a proprietary catalyst. They are installing IOMW of green hydrogen in connection with the project. The Project encompasses the refurbishment and upgrade of an existing Gas to Liquids Plant and its movement to and installation at the Property. Much of the system is made up of newer technology, specialty equipment and materials. Page 16 of 19 Ch 380 Agreement Template Exhibit B Property Description The site is located on Howard Energy Partners Javali.na Plant property and within the area described as Parcel 2 on the E. VILLAREAL SURVEYABSTRACT 1,NUECES COUNTY, TEXAS (14.489 acres) Page 17 of 19 Ch 380 Agreement'Template Exhibit C Summary of Responsibilities Company Development Responsibilities(Summary of Article N): 1. Commence Construction within six months of Effective Date 2. Expend at least$25 million on the Project 3. Complete Construction within 12 months after starting construction 4. Create at least 25}obs with average annual salary, including all wages and bonuses, of at least $97,000 5. Continue to operate and maintain the Project for the full term of the Agreement b. Meet requirements related to sales tax sourcing, local contractors, and DBE&IUB contractors 7. Submission of annual reimbursement request following Completion of Project. City Payment Responsibilities (Summary of Article V): 1, Payment of Reimbursement Amount upon receipt and verification of annual reimbursement request form 2. Reimbursement Amount.- a. mount:a. Year 1 after Completion—amount equal to 100%of the M&O portion only of the Property Tax Revenues attributable to the Project,not including any amount for value of inventory or land up to amount remaining on the City Commitment. b. Years 2— 5 after Completion-amount equal to 50%of the M&O portion only of the Property Tax Revenues attributable to the Project,not including any amount for value of inventory or land up to amount remaining on the City Commitment. 3. City Commitment-$500,000. The maximum amount of reimbursement for the term of the Agreement. Page 18 of 19 Ch 380 Agreement Template Exhibit D Reimbursement Request Form [City Finance Department to add.] Page 19 of 19 Ch 380 Agreement Template Corpus Christi REGIONAL ECGNOMIC DEVELOPMENT CORPORATION Net Zero an Infinium Company Mike Culbertson Chief Operating Officer November 15, 2022 Corpus Christi REGIONAL ECGNOMIC DEVELOPMENT CORPORATION Net Zero Company • Input is carbon from the refineries and output is light fuel • Prototype plant • $25 million investment • 25 full-time jobs • $97,000 average annual salary • Asking for one year at 100% of property taxes refunded through a Chapter 380 agreement and four years of 50% of property taxes refunded with a maximum incentive of$500,000. The current model has the total refunded taxes as $398,745. Corpus Christi REGIONAL ECONOMIC -VELOPMENT CORPORATION IMPACT REPORT JOBS ' Carpus Christi NET Z E R Q 66.1 Total Low Carbon Diesel 000 r"~s 250 Direct NewJStartup 9 Advanced Manufacturing 41.1 Spirt-off SALARIES City of $63,91S Avg BENEFITS COSTS NET BENEFITS 0 `=97,000 Direct S43,789 Spin-off $777,932 ($SS6,059) $221,872 CAPITAL INVEST. $100.Ok S80.0k $LS.O M S&0.0k Buildings+FF&E S410k S20.0k - - $0.0 RESIDENTIAL DEV. (S20.0k) (540.0k1 - 1.9 1 lornes (S60.0k) 12.5 Relocations 1 2 3 4 6 6 7 8 9 10 Corpus Christi REGIONAL ECGNnMIC DEVELOPMENT CORPORATION NET BENEFITS $221,872 PROPERTY TAX ANALYSIS Present Value $189,335 BENEFITS ABATEMENT Sales Taxes $197,833 ($398,745) Real Property Taxes $0 FF&E Property Taxes` $504,732 PROPERTY TAXES NET COLLECTIONS Inventory Property Taxes $6,304 $99,781 $511,036 New Pesidential Property Taxes $18,711 Hotel Occupancy Taxes $0 Building Permits and Fees $0 Miscellaneous Taxes and User Fees $50,352 Benefits Subtotal $777,932 COSTS $o.a Cost of Governmcnt Services ($104,398) Cost of Utfhty Services ($451,661) Casts Subtotal ($556,059) 'Above values exclude Property Tax Abatement S398.745 Corpus Christi REGIONAL ECGNOMIC DEVELOPMENT CORPORATION Net Zero • This will bring a new technology to our region • It could directly lead to a larger project • It addresses our air quality concerns • It is one of the first like this • This is a new possible cluster for our region • We will be on the cutting edge • Every time the press talks about this project they will say "located in Corpus Christi" • Inside Corpus Christi city limits • Fully taxed after five years Corpus Christi REGIONAL ECGNOMIC DEVELOPMENT CORPORATION Questions se G� v AGENDA MEMORANDUM `MQRp0p5 ED First Reading for the City Council Meeting November 15, 2022 1552 Second Reading for the City Council Meeting December 6, 2022 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Kevin Smith, Director of Aviation Kevin s4(a)cctexas.com (361) 826-1292 Heather Hurlbert, CPA CGFO, Director of Finance & Procurement heatherh3(a)-cctexas.com (361) 826-3227 Construction Contract Award CCIA Rehabilitate Terminal Building CAPTION: Ordinance authorizing a construction contract to SpawGlass Contractors, Inc., Corpus Christi, Texas, for CCIA Terminal Rehabilitation in an amount not to exceed $17,941,349.64; appropriating Airport Grant No. 68 for $10,708,995 in Fund 3020; appropriating Airport Grant No. 69 for $1,800,000 in Fund 3020; appropriating $1,284,625.33 from the unreserved fund balance and transferring to Fund 3018; amending the FY 2023 Operating and Capital Budgets. SUMMARY: This ordinance appropriates Airport Grant No. 68 in an amount of $10,708,995.00 and the 10% City match of $1,189,888.33 for Airport Grants No. 68 and awards a construction contract for CCIA Rehabilitate Terminal Building. It also authorizes the appropriation of Airport Grant No. 69 in the amount of $1,800,000 from the Federal Aviation Administration (FAA) Bipartisan Infrastructure Law (BIL) Airport Terminals Program (ATP) and programs the associated 5% local match of$94,737.00. The grant supports the upcoming Terminal Rehabilitation Project which will replace aging facilities, increase terminal capacity, and improve energy efficiency. This project provides for various multi-floor terminal building improvements including a 2nd floor outdoor patio and Electric Vehicle (EV) charging stations. BACKGROUND AND FINDINGS: The Corpus Christi International Airport (CCIA) is owned, operated, and maintained by the City of Corpus Christi. The airport opened the current terminal in 2000, which was the last major upgrade to the terminal building. This project will bring the terminal up to code and new FAA regulations. In Calendar Year 2021, CCIA served 285,195 enplaning passengers which represents a 75.87% increase over CY20 numbers. CCIA is the seventh largest non-hub airport in the country and experiences over 100,000 annual aircraft operations each year. Airport staff maintains a prioritized list of capital improvement projects that satisfy eligibility requirements for the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding. The criteria for grant eligible projects are outlined in the FAA's Airport Improvement Program Handbook. To be eligible, proposed projects must demonstrate the advancement of one or more AIP objectives such as airport safety, airport security, airport capacity, meeting FAA standards, preservation of airport infrastructure, environmental protection, noise mitigation, and airport planning. The Terminal Rehabilitation Project satisfies the criteria for the preservation of airport infrastructure funding. CCIA's terminal was built in the early 2000s and experiences some degree of accelerated depreciation due to the coastal environment. This critical rehabilitation project will replace aging infrastructure throughout the airport and modernize accommodations. The Terminal Rehabilitation Phase I is currently under construction and is projected to be completed by November 2022. That project involved the removal and replacement of 5 passenger boarding bridges for $ 4.5 million and was funded 100% by the FAA Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. The FAA, City, Garver Engineering, and Corgan Architects have coordinated to package Phase II of these projects to maximize grant funds and minimize impacts on airline and airport operations. The rehabilitated infrastructure and the addition of modern accommodations will result in the airport becoming more appealing and enjoyable for both current and future passengers and airlines that serve our traveling community. On September 1, 2022, City received the FAA Grant No. 68 in the amount of$10,708,995.00 for CCIA development with the City required to fund 10% as a local match. The award of this Project is contingent upon the execution of all grants by the FAA. The FAA awards AIP grants based on actual bid results, as well as the availability of grant funds. On July 7, 2022, the President signed the Infrastructure Investment and Jobs Act (Public Law 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL). The BIL includes multiple grant programs for airports to address aging infrastructure, terminal capacity, energy efficiency, and other improvements. One such grant program is the Airport Terminal Program (ATP), which is an annual competitive grant process that will take place each year through 2026. Funds from Grant No. 69 in the amount of$1,800,000.00 are expected to be combined with Airport Grant 68. This project will include renovations and improvements in all public restrooms, public central waiting areas, terminal roofing and windows, HVAC, cooling towers, energy management systems, generator and switchgear, and other components. The terminal will be modernized with a Service Animal Relief Area (SARA), nursing mothers' room, and an outdoor patio, improving public areas and accessibility for passengers with different needs. BASE BID SUMMARY: • Renovations to 1st and 2nd floor public restrooms in non-secured and secured areas of Terminal Building. • Renovations of spaces to create a Service Animal Relief Area and Nursing Room in the secured concourse area. • Re-covering of external roof sections, including comprehensive base flashing replacement, certification of lightning protection, added insulation and appurtenances, and clerestory stucco coating. • Replacement of existing exterior curtain wet glazing and window perimeter seals • Replacement of building Energy Management System (EMS) • Replacement of existing HVAC cooling towers • Replacement of fire alarm control panel that serves the entire Terminal Building • Improvement to electrical generator and switch gear that serves backup emergency power to west portion of Terminal Building. ADDITIVE ALTERNATE SUMMARY: • Additive Alternate I - 2nd Floor Outdoor Patio o An outdoor patio area that is accessed from the terminal concourse area. In addition to multiple passenger seating options, the patio offers a pet relief area and complimentary wi-fi service is available throughout the terminal. • Additive Alternate II - Recover Main Terminal PVC Roof o Recovering the visible white waves and half-dome to extend useful life of the decorative roofing. • Additive Alternate III — Curb Side Security - Electing not to award. • Additive Alternate IV— Electric Vehicle Charging Stations o Installation of five electric vehicle charging stations in each of the Covered and Short-Term parking lots. PROJECT TIMELINE: 2022 20231 Q1 Q2 Q3 Q4 Q1Q2 Q3 Q4 Q1 Q2 F MAM J J A S O N D J F MAM J J A S O N D J F MAM J Design Bid / Construction Award The project schedule reflects City Council award in December 2022 with anticipated completion in June 2024. COMPETITIVE SOLICITATION PROCESS: The Contracts and Procurement Department issued a Request for Bids on July 25, 2022, the City received bids from 1 bidder. The City analyzed the bids in accordance with the contract documents and determined SpawGlass as the lowest responsive, and responsible bidder. A summary of the bid is provided below: BID SUMMARY CONTRACTOR SpawGlass Base Bid $14,676,316.50 Additive Alt 1 $1,779,077.68 Additive Alt 2 $1,230,179.47 Additive Alt 3— Not Awarded $0.00 Additive Alt 4 $255,775.99 TOTAL $17,941,349.64 Engineer's Opinion of Probable Construction Cost $15,740,000.00 Base Bid $14,676,316.50 *Engineer's estimate (OPCC) includes Base Bid plus all additive alternates. ALTERNATIVES: City Council could choose not to award the construction contract to the lowest responsive and responsible bidder, SpawGlass Contractors. However, the Engineer's estimate was a 15% difference from the contractor's bid. With the current construction climate, especially within the aviation industry, this difference was expected. Analysis of the contractor's bid with the consultant determined the bid is reasonable, and award is recommended to ensure the City can capture available federal funding. If the contract is not awarded, the Corpus Christi International Airport would lose approximately $10M in discretionary funds. This would cause the project to be re-bid, an approximate 70% reduction in project scope, and significant delay to much needed improvements to the terminal. FISCAL IMPACT: Funding for this project will be through multiple capital funding sources. Grant No. 68 is comprised of both FAA FY22 passenger entitlement grants and discretionary grants, totaling $10,708,995. Additional funding from FY22 includes Grant No. 69 in the amount of$1,800,000. The remainder of funds are contingent on future FY23 FAA Grant(s) as outlined, including Bipartisan Infrastructure Law - Airport Infrastructure Grant (AIG) and FY (23) Passenger Entitlement Grant. These future grants are calculated using formulas and amounts are fixed. The final source of funding is the required City funding match for applicable grants discussed above. A 10% local match for Grant 68 totals $1,189,888.33 and a 5% local match for Grant 69 totals $94,737. Total funding detail for this project is discussed below. Bid Additive Alternate III - Curbside Security Improvements will not be awarded due to lack of funding. City staff will implement these improvements using future operating budget funds as part of an asset management program. Funding is partially available through the appropriation of Grant No. 68 for$10,708,995 and Grant No. 69 for $1,800,000 to a capital fund account. These grants are comprised of federal FY22 Passenger Entitlement and Discretionary funds. Additional funding is available through future Fiscal Year 2023 Passenger Entitlement funds and Airport Infrastructure Grant funds. These grants are calculated using pre-determined formulas and the amounts are fixed. Awards for these grants are expected in Q1 and Q2 of CY2023. All federal grants are 90% and or 95% level of participation for eligible project cost, with the City required to fund the remaining 10% and or 5% as a local match. This local match will be allocated from the unreserved balance in Airport Operational Fund 4610. FUNDING DETAIL: Fund: 3020—Airport Grants Fund Organization/Activity: 223021683020C Mission Element: 274 Project #(CIP Only): 22302 — CCIA Terminal Building Improvements (Phase II) Account: 550910 Amount: $10,708,995.00 Fund: 3020—Airport Grants Fund Organization/Activity: 223021693020C —ATP Grant Mission Element: 274 Project # (CIP Only): 22302 — CCIA Terminal Building Improvements (Phase II) Account: 550910 Amount: $1,800,000 Fund: 4610—Airport Fund Organization/Activity: 35010 — Development and Construction Mission Element: 274 Project # (CIP Only): 22302 — CCIA Terminal Building Improvements (Phase II) Account: 548500 Amount: $1,284,625.33 Fund: 3020—Airport Grants Fund Organization/Activity: 223021683020C Mission Element: 274 Project #(CIP Only): 22302 — CCIA Terminal Building Improvements (Phase II) Account: 550910 Amount: $4,147,729.31 - Additional funding available through future Fiscal Year 2023 Passenger Entitlement funds and Airport Infrastructure Grant funds Total: $17,941,349.64 RECOMMENDATION: Staff recommends awarding a construction contract for CCIA Terminal Building Rehabilitation to SpawGlass Contractor, Inc. in an amount not to exceed $17,941,349.64. The construction duration is planned for 19 months from the issuance of Notice to Proceed to begin construction in December 2022. Staff recommends approval of this ordinance to appropriate Grant No. 68 & 69 totaling $12,508,995. The Airport Board recommended approval at their regularly scheduled Board Meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Location & Vicinity Maps Bid Tab CIP Page PowerPoint Ordinance authorizing a construction contract to SpawGlass Contractors, Inc., Corpus Christi, Texas, for CCIA Terminal Rehabilitation in an amount not to exceed $17,941,349.64; appropriating Airport Grant No. 68 for $10,708,995 in Fund 3020; appropriating Airport Grant No. 69 for $1,800,000 in Fund 3020; appropriating $1,284,625.33 from the unreserved fund balance and transferring to Fund 3018; amending the FY 2023 Operating and Capital Budgets BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $10,708,995.00 for Federal Aviation Administration Grant No. 3-48-0051-068-2022 is appropriated in the No. 3020 Airport CIP Grants Fund. Additionally, funding in the amount of $1 ,189,888.33 is appropriated from the unreserved fund balance in the No. 4610 Airport Fund and transferred to the No. 3018 Airport Capital Reserve Fund for the required 10% match necessary for the Corpus Christi International Airport's terminal improvement projects. SECTION 2. Funding in the amount of$1,800,000.00 for Federal Aviation Administration Grant No. 3-48-0051-069-2022 is appropriated in the No. 3020 Airport CIP Grants Fund. Additionally, funding in the amount of $94,737.00 is appropriated from the unreserved fund balance in the No. 4610 Airport Fund and transferred to the No. 3018 Airport Capital Reserve Fund for the required 5% match necessary for the Corpus Christi International Airport's terminal improvement projects. SECTION 3. The FY 2022-2023 Operating Budget, adopted by Ordinance No. 032855, is amended to increase expenditures by $1 ,284,625.33, and the FY 2022-2023 Capital Budget, adopted by Ordinance No. 032856, is amended to increase expenditures by $14,041 ,348.64. SECTION 4. The City Manager or designee is authorized to execute a construction contract with SpawGlass Contractors, Inc., Corpus Christi, Texas, for CCIA Terminal Rehabilitation in the amount of $17,941 ,349.64. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor TABULATION OF BIDS CCIA-TERMINAL BUILDING REHABILITATION(PHASE 2) RFB 4284(CITY PROJECT NUMBER 22302) DEPARTMENT OF ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Madison Lang BID DATE:August 24,2022,2:00 PM(Local Time) TIME OF COMPLETION: Base Bid:540 Calendar Days+30 Calendar Days Procurement/Fabrication ENGINEER'S ESTIMATE:$15,740,000.00(ALL BID SCHEDULES) CORPUS CHRISTI INTERNATIONAL AIRPORT Sp—Glass Contractors,Inc. TERMINAL BUILDING REHABILITATION(PHASE 2) 3008 W.Spur 54 (CITY PROJECT NUMBER 22302) Harlingen,Texas 78550 ITEM CITY. UNIT DESCRIPTION IL UNIT PRICE TOTAL PRICE BASE BID PART A-GENERAL Al 1 L.S. 01 29 01 MOBILIZATION(MAX 5%) $733,815.85 $733,815.85 A2 1 A.L. 012901BONDSANDINSURANCE $293,526.34 $293,526.34 SUBTOTAL PART A-BASE BID-GENERAL(Items Al thru A2) $1,027,342.19 PART AA-ALLOTMENTS AA-1 1 1 1 L.S. CITY BUILDING PERMIT,INSPECTIONS,AND TESTING FEES $144,349.47 $144,349.47 SUBTOTAL PART AA-BASE BID-ALLOTMENTS(Item AA-1) $144,349.47 Part B-BASE BID RESTROOM RENOVATIONS B1.1 1 L.S. RESTROOM B TEMPORARY WORK AREA SAFETY PREPARATIONS,TEMPORARY WALLS,DOORS,BARRICADES, SIGNAGE,CLEANING,AND OTHER INCIDENTALS $9,856.88 $9,856.88 B1.2 1 L.S. RESTROOM B DEMOLITION $59,194.73 $59,194.73 B1.3 1 L.S. RESTROOM B RENOVATIONS:PLUMBING COMPLETE $317,176.86 $317,176.86 B1.4 1 L.S. RESTROOM B RENOVATIONS:ELECTRICAL COMPLETE $111,876.30 $111,876.30 B1.5 1 L.S. RESTROOM B RENOVATIONS:HVAC/MECHANICAL COMPLETE $39,750.51 $39,750.51 B1.6 1 L.S. RESTROOM B RENOVATIONS:FIRE PROTECTION COMPLETE $19,925.21 $19,925.21 B1.7 1 L.S. RESTROOM B RENOVATIONS:COMM U N ICATION S/TECH N OLOGY COMPLETE $6,273.83 $6,273.83 B1.8 1 L.S. RESTROOM B RENOVATIONS:PARTITIONS COMPLETE $68,779.74 $68,779.74 B1.9 1 L.S. RESTROOM B RENOVATIONS:CEILINGS COMPLETE $88,065.96 $88,065.96 81.10 1 L.S. RESTROOM B RENOVATIONS:FLOORING COMPLETE $201,924.32 $201,924.32 81.11 1 L.S. RESTROOM B RENOVATIONS:OCCUPANCY INDICATOR LIGHTS COMPLETE $20,912.76 $20,912.76 81.12 1 L.S. RESTROOM B RENOVATIONS:SIGNAGE COMPLETE $5,415.24 $5,415.24 81.13 1 L.S. RESTROOM B RENOVATIONS:VARIOUS ITEMS $76,412.90 $76,412.90 RESTROOM C TEMPORARY WORK AREA SAFETY PREPARATIONS,TEMPORARY WALLS,DOORS,BARRICADES, 02.1 1 L.S. SIGNAGE,CLEANING,AND OTHER INCIDENTALS $21,039.40 $21,039.40 B2.2 1 L.S. RESTROOM C DEMOLITION $59,194.73 $59,194.73 B2.3 1 L.S. RESTROOM C RENOVATIONS:PLUMBING COMPLETE $317,176.86 $317,176.86 B2.4 1 L.S. RESTROOM C RENOVATIONS:ELECTRICAL COMPLETE $111,876.30 $111,876.30 B2.5 1 L.S. RESTROOM C RENOVATIONS:HVAC/MECHANICAL COMPLETE $28,584.26 $28,584.26 B2.6 1 L.S. RESTROOM C RENOVATIONS:FIRE PROTECTION COMPLETE $15,115.28 $15,115.28 B2.7 1 L.S. RESTROOM C RENOVATIONS:COMM U N ICATION S/TECH N OLOGY COMPLETE $6,273.83 $6,273.83 B2.8 1 L.S. RESTROOM C RENOVATIONS:PARTITIONS COMPLETE $66,804.65 $66,804.65 B2.9 1 L.S. RESTROOM C RENOVATIONS:CEILINGS COMPLETE $76,099.21 $76,099.21 82.10 1 L.S. RESTROOM C RENOVATIONS:FLOORING COMPLETE $201,924.32 $201,924.32 82.111 L.S. RESTROOM C RENOVATIONS:OCCUPANCY INDICATOR LIGHTS COMPLETE $20,912.76 $20,912.76 82.12 1 1 1 L.S. RESTROOM C RENOVATIONS:SIGNAGE COMPLETE $5,415.24 $5,415.2411 CCIA Terminal Building Rehabilitation(Phase 2) City Project Number 22302 Bid Date:2pm,August 24,2022 1 of 5 TABULATION OF BIDS CCIA-TERMINAL BUILDING REHABILITATION(PHASE 2) RFB 4284(CITY PROJECT NUMBER 22302) DEPARTMENT OF ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Madison Lang BID DATE:August 24,2022,2:00 PM(Local Time) TIME OF COMPLETION: Base Bid:540 Calendar Days+30 Calendar Days Procurement/Fabrication ENGINEER'S ESTIMATE:$15,740,000.00(ALL BID SCHEDULES) CORPUS CHRISTI INTERNATIONAL AIRPORT Sp—Glass Contractors,Inc. TERMINAL BUILDING REHABILITATION(PHASE 2) 3008 W.Spur 54 (CITY PROJECT NUMBER 22302) Harlingen,Texas 78550 ITEM CITY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 82.13 1 L.S. RESTROOM C RENOVATIONS:VARIOUS ITEMS $67,402.99 $67,402.99 RESTROOM D TEMPORARY WORK AREA SAFETY PREPARATIONS,TEMPORARY WALLS,DOORS,BARRICADES, 03.1 1 L.S. SIGNAGE,CLEANING,AND OTHER INCIDENTALS $9,856.88 $9,856.88 B3.2 1 L.S. RESTROOM D DEMOLITION $59,194.73 $59,194.73 B3.3 1 L.S. RESTROOM D RENOVATIONS:PLUMBING COMPLETE $348,546.00 $348,546.00 B3.4 1 L.S. RESTROOM D RENOVATIONS:ELECTRICAL COMPLETE $111,876.30 $111,876.30 B3.5 1 L.S. RESTROOM D RENOVATIONS:HVAC/MECHANICAL COMPLETE $19,646.38 $19,646.38 B3.6 1 L.S. RESTROOM D RENOVATIONS:FIRE PROTECTION COMPLETE $16,381.66 $16,381.66 B3.7 1 L.S. RESTROOM D RENOVATIONS:COMM U N ICATION S/TECH N OLOGY COMPLETE $6,273.83 $6,273.83 B3.8 1 L.S. RESTROOM D RENOVATIONS:PARTITIONS COMPLETE $99,335.61 $99,335.61 B3.9 1 L.S. RESTROOM D RENOVATIONS:CEILINGS COMPLETE $84,812.86 $84,812.86 83.10 1 L.S. RESTROOM D RENOVATIONS:FLOORING COMPLETE $201,924.32 $201,924.32 83.11 1 L.S. RESTROOM D RENOVATIONS:OCCUPANCY INDICATOR LIGHTS COMPLETE $20,912.76 $20,912.76 83.12 1 L.S. RESTROOM D RENOVATIONS:SIGNAGE COMPLETE $5,415.24 $5,415.24 [SUBT.TAL L.S. RESTROOM D RENOVATIONS:VARIOUS ITEMS $75,592.42 $75,592.42 PART B-BASE BID-RESTROOM RENNOVATIONS(Items B1.1 thru B3.13) $3,083,154.06 Part C-BASE BID BUILDING ENVELOPE IMPROVEMENTS EXTERNAL MOD BIT ROOFING:TEMPORARY WORK AREA SAFETY PREPARATIONS,DAILY FOREIGN OBJECT C1 1 L.S. DEBRIS(FOD)MONITORING AND CONTROL,BARRICADES,SIGNAGE,CLEANING,AND OTHER INCIDENTALS $17,427.30 $17,427.30 C2 1 L.S. EXTERNAL MOD BID ROOFING:CLERESTORY STUCCO COATING $76,680.12 $76,680.12 C3 1 L.S. EXTERNAL MOD BID ROOFING:COMPREHENSIVE BASE FLASHING REPLACEMENT $298,034.71 $298,034.71 C4 1 L.S. EXTERNAL MOD BID ROOFING:MOD BIT ROOF RE-COVER,ADDED INSULATION,AND APPURTENANCES $2,133,035.30 $2,133,035.30 C5 1 L.S. EXTERNAL MOD BIT ROOFING:LIGHTNING PROTECTION CERTIFICATION $154,522.06 $154,522.06 C6 1 L.S. EXTERIOR WINDOW GLAZING TEMPORARY WORK AREA SAFETY PREPARATIONS,DAILY FOREIGN OBJECT DEBRIS(FOD)MONITORING AND CONTROL,BARRICADES,SIGNAGE,CLEANING,AND OTHER INCIDENTALS $32,066.23 $32,066.23 C7 1 L.S. CURTAIN WALL WET GLAZING AND WINDOW PERIMETER SEALS $417,970.55 $417,970.55 SUBTOTAL PART C-BASE BID BUILDING ENVELOPE IMPROVEMENTS(Items C1 thru C7) $3,129,736.27 Part D-HVAC AND ENERGY MANAGEMENT IMPROVEMENTS D1 1 L.S. REPLACEMENT OF EXISTING BUILDING ENERGY MANAGEMENT SYSTEM(EMS)WITH NEW DDC HVAC CONTROLS THROUGHOUT THE BUILDING. $1,398,584.97 $1,398,584.97 EXISTING COOLING TOWER REPLACEMENT:TEMPORARY WORK AREA SAFETY PREPARATIONS,DAILY FOREIGN D2 1 L.S. OBJECT DEBRIS(FOD)MONITORING AND CONTROL,BARRICADES,SIGNAGE,CLEANING,AND OTHER INCIDENTALS $29,045.50 $29,045.50 D3 1 L.S. REMOVE AND DISPOSE OFTWO(2)EXISTING COOLING TOWERS $28,581.931 $28,581.93 D4 1 L.S. PROCURE TWO(2)NEW 500TON COOLING TOWERS $552,060.85 $552,060.85 D5 1 L.S. INSTALLATION OFTWO(2)NEW500TON COOLING TOWERS AND APPURTENANCES $61,159.37 $61,159.37 SUBTOTAL PART D-BASE BID HVAC AND ENERGY MANAGEMENT IMPROVEMENTS(Items D1 thru 135) $2,069,432.62 CCIA Terminal Building Rehabilitation(Phase 2) City Project Number 22302 Bid Date:2pm,August 24,2022 2 of 5 TABULATION OF BIDS CCIA-TERMINAL BUILDING REHABILITATION(PHASE 2) RFB 4284(CITY PROJECT NUMBER 22302) DEPARTMENT OF ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Madison Lang BID DATE:August 24,2022,2:00 PM(Local Time) TIME OF COMPLETION: Base Bid:540 Calendar Days+30 Calendar Days Procurement/Fabrication ENGINEER'S ESTIMATE:$15,740,000.00(ALL BID SCHEDULES) CORPUS CHRISTI INTERNATIONAL AIRPORT Sp—Glass Contractors,Inc. TERMINAL BUILDING REHABILITATION(PHASE 2) 3008 W.Spur 54 (CITY PROJECT NUMBER 22302) Harlingen,Texas 78550 ITEM CITY. UNIT DESCRIPTION IL UNIT PRICE TOTAL PRICE Part E-MAJOR ELECTRICAL IMPROVEMENTS WESTSIDE SWITCH GEAR,GENERATOR,FUELTANK,AND APPURTENANCES:TEMPORARY WORK AREA SAFETY E1 1 L.S. PREPARATIONS,DAILY FOREIGN OBJECT DEBRIS(FOD)MONITORING AND CONTROL,BARRICADES,SIGNAGE, SITE CLEANUP,AND OTHER INCIDENTALS $66,920.83 $66,920.83 E2 1 L.S. DEMOLITION OF EXISTING WESTSIDE SWITCH GEAR,GENERATOR,FUELTANK,AND APPURTENANCES IN PREPARATION OF REPLACEMENT $348,546.00 $348,546.00 E3 1 L.S. PROCURE NEW WESTSIDE SWITCH GEAR AND APPURTENANCES $2,193,002.64 $2,193,002.64 E4 1 L.S. INSTALLATION OF NEW WESTSIDE SWITCH GEAR AND APPURTENANCES $570,956.69 $570,956.69 E5 1 L.S. PROCURE NEW WESTSIDE GENERATOR,FUELTANK,AND APPURTENANCES $619,310.47 $619,310.47 E6 1 L.S. INSTALLATION OF NEW WESTSIDE GENERATOR,FUELTANK,AND APPURTENANCES $613,583.86 $613,583.86 SUBTOTAL PART E-BASE BID MAJOR ELECTRICAL IMPROVEMENTS(Items E1 thru E6) $4,412,320.49 Part F-FIRE ALARM IMPROVEMENTS F1 1 1 1 L.S. REPLACE FIRE ALARM CONTROL PANEL $809,981.40 $809,981.40 SUBTOTAL PART F-BASE BID FIRE ALARM IMPROVEMENTS(Item F1) $809,981.40 ADDITIVE ALTERNATE I Part AA1-OUTDOOR PATIO AA1-1 1 L.S. 2ND FLOOR OUTDOOR PATIO TEMPORARY WORK AREA SAFETY PREPARATIONS,DAILY FOREIGN OBJECT DEBRIS(FOD)MONITORING AND CONTROL,BARRICADES,SIGNAGE,SITE CLEANUP,AND OTHER INCIDENTALS $33,480.74 $33,480.74 AA1-2 1 L.S. 2ND FLOOR OUTDOOR PATIO:SITE PREPARATION $27,900.62 $27,900.62 AA1-3 1 L.S. 2ND FLOOR OUTDOOR PATIO:STRUCTURE COMPLETE $569,717.20 $569,717.20 AA1-4 1 L.S. 2ND FLOOR OUTDOOR PATIO:PLUMBING COMPLETE $42,408.94 $42,408.94 AA1-5 1 L.S. 2ND FLOOR OUTDOOR PATIO:ELECTRICAL COMPLETE $26,851.55 $26,851.55 AA1-6 1 L.S. 2ND FLOOR OUTDOOR PATIO:HVAC/MECHANICAL COMPLETE $17,316.24 $17,316.24 AA1-7 1 L.S. 2ND FLOOR OUTDOOR PATIO:FIRE PROTECTION COMPLETE $21,762.48 $21,762.48 AA1-8 1 L.S. 2ND FLOOR OUTDOOR PATIO:COMM U N ICATION S/TECH N OLOGY COMPLETE $4,687.30 $4,687.30 AA1-9 1 L.S. 2ND FLOOR OUTDOOR PATIO:FINISHES $39,060.86 $39,060.86 AA1-10 1 L.S. 2ND FLOOR OUTDOOR PATIO:FLOORING COMPLETE $87,607.94 $87,607.94 AA1-11 1 L.S. 2ND FLOOR OUTDOOR PATIO:FOUNDATIONS COMPLETE $200,884.44 $200,884.44 AA1-12 1 L.S. 2ND FLOOR OUTDOOR PATIO:SITE ELECTRICAL COMPLETE $16,740.37 $16,740.37 AA1-13 1 L.S. 2ND FLOOR OUTDOOR PATIO:CONCRETE PAVEMENT DEMOLITION AND REPLACEMENT COMPLETE $34,038.75 $34,038.75 AA1-14 1 L.S. 2ND FLOOR OUTDOOR PATIO:VARIOUS ITEMS $656,620.25 $656,620.25 SUBTOTAL PART-1-ADDITIVE ALTERNATE I-OUTDOOR PATIO(ITEMS AA1-1 thru AA1-14) $1,779,077.68 CCIA Terminal Building Rehabilitation(Phase 2) City Project Number 22302 Bid Date:2pm,August 24,2022 3 of 5 TABULATION OF BIDS CCIA-TERMINAL BUILDING REHABILITATION(PHASE 2) RFB 4284(CITY PROJECT NUMBER 22302) DEPARTMENT OF ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Madison Lang BID DATE:August 24,2022,2:00 PM(Local Time) TIME OF COMPLETION: Base Bid:540 Calendar Days+30 Calendar Days Procurement/Fabrication ENGINEER'S ESTIMATE:$15,740,000.00(ALL BID SCHEDULES) CORPUS CHRISTI INTERNATIONAL AIRPORT Sp—Glass Contractors,Inc. TERMINAL BUILDING REHABILITATION(PHASE 2) 3008 W.Spur 54 (CITY PROJECT NUMBER 22302) Harlingen,Texas 78550 ITEM CITY. UNIT DESCRIPTION IL UNIT PRICE TOTAL PRICE ADDITIVE ALTERNATE II Part AA2-PVC ROOF D D DD D D DD D D D R D D D- AA2-1 1 L.S. PVC ROOF RECOVER:TEMPORARY WORKAREA SAFETY PREPARATIONS,DAILY FOREIGN OBJECT DEBRIS(FOD) MONITORING AND CONTROL,BARRICADES,SIGNAGE,SITE CLEANUP,AND OTHER INCIDENTALS $3,348.07 $3,348.07 AA2-2 1 L.S. PVC ROOF:RE-COVER ROOF AND GUTTER INCLUDING GUTTER $1,205,135.88 $1,205,135.88 AA2-3 1 L.S. PVC ROOF:INSTALL NEW ARRESTOR TIE-BACK SYSTEM $21,695.52 $21,695.52 SUBTOTAL PART AA2-ADDITIVE ALTERNATE II-PVC ROOF(AA2-1 thru AA2-3) $1,230,179.47 ADDITIVE ALTERNATE III Part AA3-CURBSIDE SECURITY IMPROVEMENTS CURBSIDE SECURITY IMPROVEMENTS:TEMPORARY WORKAREA SAFETY PREPARATIONS,DAILY FOREIGN AA3-1 1 LS OBJECT DEBRIS(FOD)MONITORING AND CONTROL,BARRICADES,SIGNAGE,SITE CLEANUP,AND OTHER INCIDENTALS $47,388.64 $47,388.64 AA3-2 2000 LF CURBSIDE SECURITY IMPROVEMENTS:SIDEWALK JOINT SEALING $21.00 $42,000.00 AA3-3 2000 SF CURBSIDE SECURITY IMPROVEMENTS:SIDEWALK CONCRETE REPAIRS $50.451 $100,900.00 AA3-4 1 LS CURBSIDE SECURITY IMPROVEMENTS:CAMERA INSTALLATIONS $47,194.45 $47,194.45 AA3-5 1 LS CURBSIDE SECURITY IMPROVEMENTS:INSTALLATION OF PLANTERS,PLANTERS WITH BENCHES,BOLLARDS, TRASH AND CIGARETTE RECEPTACLES,ANDALL INCIDENTALS $445,121.97 $445,121.97 SUBTOTAL PART AA3-CURBSIDE SECURITY IMPROVEMENTS(AA3-1 thru AA3-5) $682,605.06 ADDITIVE ALTERNATE IV Part AA4-ELECTRICAL VEHICLE CHARGING STATION ELECTRICAL VEHICLE CHARGING STATIONS:TEMPORARY WORKAREA SAFETY PREPARATIONS,DAILY FOREIGN AA4-1 1 LS OBJECT DEBRIS(FOD)MONITORING AND CONTROL,BARRICADES,SIGNAGE,SITE CLEANUP,AND OTHER INCIDENTALS $3,348.07 $3,348.07 AA4-2 1 LS ELECTRICAL VEHICLE CHARGING STATIONS:SITE PREPARATION AND DEMOLITION $22,766.90 $22,766.90 AA4-3 1 LS PROCUREMENTOF FIVE(5)NEW DUAL-PORT LEVEL 2 ELECTRICAL VEHICLE CHARGING STATIONSAND APPURTENANCES $94,254.981 $94,254.98 AA4-4 1 LS ELECTRICAL VEHICLE CHARGING STATIONS:ELECTRIC SERVICE AND INFRASTRUCTURE IMPROVEMENTS $99,245.84 $99,245.84 AA4-5 1 LS INSTALL FIVE(5)NEW DUAL-PORT LEVEL 2 ELECTRICAL VEHICLE CHARGING STATIONS AND APPURTENANCES $36,159.20 $36,159.20 SUBTOTAL PART AA4-ELECTRICAL VEHICLE CHARGING STATION(AA4-1 thru AA4-5) $255,774.99 CCIA Terminal Building Rehabilitation(Phase 2) City Project Number 22302 Bid Date:2pm,August 24,2022 4 of 5 TABULATION OF BIDS CCIA-TERMINAL BUILDING REHABILITATION(PHASE 2) RFB 4284(CITY PROJECT NUMBER 22302) DEPARTMENT OF ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Madison Lang BID DATE:August 24,2022,2:00 PM(Local Time) TIME OF COMPLETION: Base Bid:540 Calendar Days+30 Calendar Days Procurement/Fabrication ENGINEER'S ESTIMATE:$15,740,000.00(ALL BID SCHEDULES) CORPUS CHRISTI INTERNATIONAL AIRPORT Sp—Glass Contractors,Inc. TERMINAL BUILDING REHABILITATION(PHASE 2) 3008 W.Spur 54 (CITY PROJECT NUMBER 22302) Harlingen,Texas 78550 ITEM QTY. I UNIT DESCRIPTION IL UNIT PRICE TOTAL PRICE BASE BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A2) IF $1,027,342.19 SUBTOTAL PART AA-GENERAL(Item AA-1) IF $144,349.47 SUBTOTAL PART B-BASE BID(Items 131.1 thru 131.13,B2.1 thru B2.13,and B3.1 thru B3.13) IF $3,083,154.06 SUBTOTAL PART C-BASE BID(Items C1 thru C7) $3,129,736.27 SUBTOTAL PART D-BASE BID(Items D1 thru 135) IF $2,069,432.62 SUBTOTAL PART E-BASE BID(Items E1 thru E6) $4,412,320.49 SUBTOTAL PART F-BASE BID(Item F1) IF $809,981.40 TOTAL PROJECT BASE BID(PARTS A THRU F) $14,676,316.50 ADDITIVE ALTERNATE SUMMARY SUBTOTAL PART-1-ADDITIVE ALTERNATE IV(Items AA1-1 thru AA1-14) IF $1,779,077.68 SUBTOTAL PART-2-ADDITIVE ALTERNATE II(Items AA2-1 thru AA2-3) IF $1,230,179.47 SUBTOTAL PART-3-ADDITIVE ALTERNATE III(Items AA3-1 thru AA3-5) IF $682,605.06 SUBTOTAL PART AA4-ADDITIVE ALTERNATE IV(Items AA4-1 thru AA4-5) IF $255,774.99 TOTAL PROJECT ADDITIVE ALTERNATES(PARTS AA1 THRU AA4) IF $3,947,637.20 TOTAL BID SCHEDULES SUMMARY TOTAL BASE BID IF $14,676,316.50 TOTAL BASE BID+ADD.ALTERNATES I IF $16,455,394.18 TOTAL BASE BID+ADD.ALTERNATES I AND II IF $17,685,573.65 TOTAL BASE BID+ADD.ALTERNATES I,II,AND III IF $18,368,178.71 TOTAL BASE BID+ADD.ALTERNATES I,11,111,AND IIV $18,623,953.70 CCIA Terminal Building Rehabilitation(Phase 2) City Project Number 22302 Bid Date:2pm,August 24,2022 5 of 5 u aoro�a assn ( <73 l PROJECT LOCATION N SCALE: N.T.S. mw M:a a Mm LOCATION MAP w" NUECES BAY aw a rEuoo NOT TO SCALE PROJECT LOCATION ✓oF �� c O�RrD0 z SHIP CHANNEL 0 <F CORPUS CHRISTI Op o ° z Y d' g LEOPAR U a z 8�< CORPUS CHRISTI 44 p Dh 286 INTERNATIONAL F AIRPORT R oRGpN 358 OC m y N �k o y0,Q� � 0 <v G F �oo SgRgTOcq O�o�� S .40. MOgR �� c�ti VICINITY MAP o`er 358 NOT TO SCALE PROJECT NUMBER: 22302 CCIA TERMINAL BUILDING CITY COUNCIL EXHIBIT CITY CORPUS CHRISTI,TEXAS REHABILITATION (PHASE 11) DEPARTMENT T OF ENGINEERING SERVICES "�= 1 SCALE: N.T.S. Tomw r , 7♦ w , �♦ r • f I i t a l ♦" t � e' 11 I 1 +" I 1Y /i tr �„ 1 e Y� II 'LTro�H 1 e Ier"-,.ate `8A le tt f t I r e y � Y I •I 1 �; wf ti � � R,e• a �Yle"i IV 1°e + t le I a t �` .... yam. +i "" .. ,:^'Tr^•'�F P.. PROJECT LOCATION AERIAL MAP NOT TSCALE PROJECT NUMBER: 22302 O CCIA TERMINAL BUILDING CITY COUNCIL EXHIBIT ;at , CITY OF CORPUS CHRISTI,TEXAS REHABILITATION (PHASE 11) DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2023 thr" 2025 City of Corpus Christi, Texas Project# 22302 Project Name Rehabilitation Terminal Building PH2- Roof/Windows Type Improvement/Additions Department Airport y Useful Life 25 years Contact Director of Aviation Category Building Rehabilitation Priority 2 Critical-Asset Condition\longevity Status Active Description Terminal Assessment will include west-end portion of terminal that was constructed in 1985 and not incorporated in 2000 Terminal Expansion. Includes an overlay of the modified bitumen roofs on west and south section as well as replacing base flashing and other roof repairs-,window glazing of all exterior panes&seals. Justification In accordance with the Terminal Assessment program. The terminal expansion and renovation project was completed over 19 years ago.At the time,some of the systems that were re-used or re-purposed are now nearing the end of their useful life.In addition,new systems that were installed are now showing increased frequency of failure. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 2,350,000 2,350,000 Design 830,500 830,500 Eng,Admin Reimbursements 87,355 150,000 237,355 Total 917,855 2,500,000 3,417,855 Funding Sources Prior Years 2023 2024 2025 Total Airport Fund Reserves 917,855 225,000 1,142,855 Grants-FAA 2,275,000 2,275,000 Total 917,855 2,500,000 3,417,855 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine maintenance costs. Capital Improvement Plan 2023 2025 City of Corpus Christi, Texas Project# 22204 Project Name Rehab Terminal Bldg.Ph 3 Restrooms/SARA/Nursing Type Improvement/Additions Department Airport :ar, Useful Life 15 years Contact Director of Aviation Category Site Improvements Priority 3 Very Important-Legal Mandate Status Active Description Federal Regulations 27.71 require the completion of the Service Animal Relief Area in the secured area of the airport,which includes providing wheelchair accessibility to the area for service animals that accompany passengers departing,connecting,or arriving at the airport. Every public restroom will be improved to include new fixtures,dividers,sinks,furnishings,lighting,flooring,etc.A mother's nursing room will be installed in the secured area. Justification Consistent with Terminal Assessment plan,improvements are required in accordance with Federal Regulations 27.7 1,and ADA requirements Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,000,000 2,400,000 3,400,000 Inspection 80,000 50,000 130,000 Design 119,575 119,575 Eng,Admin Reimbursements 13,153 20,000 50,000 83,153 Tom 132,728 1,100,000 2,500,000 3,732,728 Funding Sources Prior Years 2023 2024 2025 Total Airport Fund Reserves 132,728 110,000 250,000 492,728 Grants-FAA 990,000 2,250,000 3,240,000 Total 132,728 1,100,000 2,500,000 3,732,728 Budget Impact/Other 71 Operational impact will be closing the only restrooms in the concourse,which will require a temporary wall to allow passengers to use different restrooms.This requires TSA approval and coordination.Efforts will be made to perform construction in coordination with any construction in restaurants after a new concessionaire contract is awarded in late 2022 to minimize customer impact. Capital Improvement Plan 2023 thr" 2025 City of Corpus Christi, Texas Project# 255001 Project Name Terminal Bldg. Rehab Ph4 HVAC, Cooling Towers &Energy Type Improvement/Additions Department Airport Useful Life 25 years Contact Director of Aviation Category Building Rehabilitation Priority 2 Critical-Asset Condition\longevity Status Active Description Improvements include replacing and upgrading the control system with graphic interface,remote monitoring capabilities,and new software,along with all new control devices for equipment,air handlers,pumps VAV boxes,valves,relacing 1985 cooling towers with new efficient cooling towers,replacing the terminal fire panel,west-end generator&switch gear. Justification In accordance with the Terminal Assessment program. The terminal expansion and renovation project was completed over 19 years ago.At the time,some of the systems that were re-used or re-purposed are now nearing the end of their useful life.In addition,new systems that were installed are now showing increased frequency of failure. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 2,000,000 2,000,000 Design 350,000 350,000 Eng,Admin Reimbursements 150,000 150,000 Total 2,500,000 2,500,000 Funding Sources Prior Year 2023 2024 2025 Total Airport Fund Reserves 225,000 225,000 Grants-FAA 2,275,000 2,275,000 Total 2,500,000 2,500,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine maintenance costs. Capital Improvement Plan 2023 rhru 2025 City of Corpus Christi, Texas Project# 23111 Project Name Outdoor Concourse Patio Type Rehabilitation Department Airport Useful Life 15 years Contact Director of Aviation Category Building Rehabilitation Priority 4 Important-Community Investment y, Status Active Description Project will consist of the design,and construction of an outdoor concourse patio. This patio will allow passengers and visitors to wait,while enjoying the outdoors and relax before continuing on their travels. Justification Meets Airport Master Plan;allows for environmental friendly atmosphere. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 100,000 400,000 500,000 Inspection 60,000 60,000 Design 150,000 150,000 Eng,Admin Reimbursements 50,000 40,000 90,000 Total 300,000 500,000 800,000 Funding Sources Prior Years 2023 2024 2025 Total Airport Fund Reserves 30,000 50,000 80,000 Grants-FAA 270,000 450,000 720,000 Total 300,000 500,000 800,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine maintenance costs. CCA�1 �w Corpus Chr sti Engineering CCIA Terminal Building Rehabilitation (Phase II) Council Presentation November 15, 2022 Project VicinityCC � p ✓ ,!w Corpus OChrst, Engineering TOM k�r rOL, .er �•� r ten— «.: � -^ i' � ry } a fJ Z Project Scope CCIA Corpus Chr sti wl'--) Engineering The terminal requires renovation in several areas, including public restrooms, roof, windows, HVAC system, and emergency backup power. ➢ Total Project Cost: $17,941,349.64 Scope of the Base Bid includes the following: ➢ Renovations to 1st and 2nd floor public restrooms in the public and secured areas of the Terminal Building. This will also include a nursing room on the secured side of the terminal. These enhancements will upgrade the customer experience tremendously. ➢ Service Animal Relief Area (SARA) as Per FAA Advisory Circular 150/5360- 14A Access to Airports by Individuals with Disabilities, which will also be beneficial to all passengers who travel with pets. Project Scope CCIA�W�_) Corpus Chr sti Engineering Scope of work for Base Bid includes the following: ➢ Re-covering of external roof sections, including comprehensive base flashing replacement, certification of lightning protection, added insulation and appurtenances, and clerestory stucco coating. ➢ Replacement of existing exterior curtain wet glazing and window perimeter seals ➢ Replacement of Building Energy Management System (EMS) ➢ Replacement of existing HVAC cooling towers ➢ Replacement of fire alarm control panel that serves entire Terminal Building ➢ Improvement to electrical generator and switch gear that serves backup emergency power to west portion of Terminal Building. 4 Project Scope CCIAW) Corpus Chr sti Engineering Bid Alternates: ➢ Additive Alternate I- 2nd Floor Outdoor Patio • Patio to be constructed in the exterior sterile area adjacent to Gate 1 ➢ Additive Alternate II -Recover Main Terminal Polyvinyl-Chloride (PVC) Roof ➢ Additive Alternate III - Curbside Security Improvements (not recommended for award) • Protection of the terminal building from intentional or unintentional breaches by vehicles along the northern curbside of the terminal building by installing bollards, planters, lighting, additional security cameras. ➢ Additive Alternate IV- Electric Vehicle Charging Stations • Installation of 5 dual port EV charging stations. 5 Project Pictures Corpus Chr sti Engineering • CCIA Interior 2nd Floor Patio rr ` ➢This will allow for better customer �— flow and spacing. �� �� ➢ Allow customers to view theairfield, tc bringing back the observation deck experience to the airport. Cel A Corpus Christi ��w International Airport Project Pictures Corpus Chr sti Engineering PATIOMA INTIMA ERIOR • CLIA Exterior 2nd Floor Patio Corpus Christi Cel A International Airport Project Pictures Corpus Chr sti Engineering • CCIA Men's 2nd Floor Restroom Sterile Area Y ➢ Bright coastal colors ➢ Completely private stalls CrI A Corpus Christi ��w International Airport Pro'ect Pictures Corpus Chr sti Engineering • CCIA 2nd Floor Restroom Sterile Area Entrance I CrI A Corpus Christi ��w International Airport Project Schedule CCIA Corpus Chr sti Engineering 2022 2023 2024 Q4 Q1 Q2 Q3 Q4 Q1 Q2 D J F M A M J J A S O N D J F M A M J Construction Projected Schedule reflects City Council award in December 2022 with anticipated construction completion by Summer 2024. • - Communication CaA Corpus Chr i Engineering • The Airport and the City will be sending out a press release, advising Corpus Christi citizens and others about the scope of this project, and how we are making it even better to fly out of CCIA. • Social media updates will be posted throughout construction. • Ribbon cutting dates and tour opportunities will be forthcoming CLIA Corpus oChrst, Engineering QUESTIONS? so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 15, 2022 DATE: November 15, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Hinojosa, PE, CFM, Interim Public Works Director gabrielh(a)cctexas.com (361)826-1877 Resolution authorizing the City of Corpus Christi to enter into an Advance Funding Agreement with TxDOT for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) CAPTION: Resolution approving and authorizing the City Manager or designee to execute an Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation ("State" or "TxDOT") for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) to replace or rehabilitate the Yorktown Mud Bridge and Ocean Drive Bridge. SUMMARY: This resolution will authorize the execution of an Advance Funding Agreement (AFA) with TxDOT for bridge replacement or rehabilitation on the Ocean Drive bridge at Cayo Del Oso and Yorktown Mud Bridge and authorizing the City to commit equivalent-match projects to satisfy the fund matching requirement as listed in Exhibit C and the attached resolution. BACKGROUND AND FINDINGS: The Yorktown Boulevard Mud Bridge and Ocean Drive Bridge over the Oso Bay have been selected by TxDOT for replacement under the Highway Bridge Program (HBP). The Highway Bridge Program is a federal-aid program that provides funding to enable states to improve the condition of highway bridges through replacement, rehabilitation, and systematic preventative maintenance. Structures which have been added to the HBP have had deficiencies but were not previously programmed in TxDOT's off-system bridge program.The program allows those deficient structure to be scheduled for improvements that will increase safety and efficiency. Overall, the program is accelerating the rate at which structurally deficient and functionally obsolete off-system bridges are improved throughout the state. TxDOT will be responsible for the entire design and construction of the project with the expectation that the Ocean Drive Bridge would go to bid in FY2025 and the Yorktown Bridge in FY2026. During construction, two-way traffic will be maintained on both bridges. In lieu of payment, the City's contribution will consist of 47 in-kind projects totaling a value of$3.6 million as listed in Exhibit C. Project Number Project Total Project TxDOT City Name Cost Participation Participation CSJ 0916-35-231 Ocean Drive $13,400,000 $12,408,400 $991,600 CSJ 0916-35-251 Yorktown $20,300,000 $18,797,800 $1,502,200 ALTERNATIVES: Do not approve resolution authorizing the execution of the Advance Funding Agreement with TxDOT and the bridge will become functionally obsolete and will no longer be able to serve traffic. FISCAL IMPACT: In lieu of the City paying ten percent (10%) in matching funds for the Project, TXDOT has agreed to allow the City to make an equivalent dollar amount of structural improvement work on other deficient bridges or deficient main-lane cross drainage structures in the City which are called equivalent match projects ("EMP"). Funding Detail: None RECOMMENDATION: Staff recommends approval of the resolution to enter in the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Resolution (2) Advance Funding Agreements Exhibit C — List of Projects Resolution of the City Council of the City of Corpus Christi, Texas authorizing the City's participation in the Texas Department of Transportation Federal Off-System Bridge Program. WHEREAS, the Federal Off-System Bridge Program is administered by the Texas Department of Transportation ("TXDOT") to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient bridges) located on public roads and streets off the designated state highway system; and WHEREAS, the City of Corpus Christi, Texas hereinafter referred to as the "Local Government" has assumed responsibility for the local match and owns the bridges located at; Location of Bridge National Bridge Inventory Control-Section-Job Number (NBI) Number (CSJ) Yorktown Rd Nueces at Cayo Del Oso 16-178-0-13022-00-001 0916-35-251 Location of Bridge National Bridge Inventory Control-Section-Job Number (NBI) Number CSJ Ocean Drive WB at Cayo Del Oso 16-178-0-13014-63-001 0916-35-231 Ocean Drive EB at Cayo Del Oso 16-178-0-13014-63-002 0916-35-231 and WHEREAS, a project to remedy this bridge is included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order Number 116292; dated August 30, 2022; and WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction or the jurisdiction of a geographically adjacent or overlapping governmental unit, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the estimated local match fund participation requirement on the approved federal off-system bridge project is estimated to be $2,493,800.00 (PWP dollars), hereinafter referred to as the "participation-waived" project, such participation requirement the Local Government proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. the Local Government perform, or cause to be performed, the following equivalent-match project(s) in return for waiver of$2,493,800.00 of the local match fund participation requirement on the approved federal off-system bridge program (participation-waived) project not yet awarded: Page 1 of 4 On School Historic Location(and structure Bus Bridge? Description of Structural or Safety Improvement Estimated Cost identification number,if applicable) Route? (Yes/No) Work Yes/No Acushnet Street @ Drainage Ditch NO YES Scour Repair, Place stone riprap, replace wingwall, $707210.00 161780B00008001 concrete structure repair Airline Road @ Drainage Ditch YES NO Concrete Structure repair $77030.00 161780B00019001 Airport Rd @ ARPT Drainage YES YES Rebuild/Replace Riprap, Erosion repair,guardrail $70,210.00 161780B00020001 repair, Bear Ln @ Drainage Ditch NO NO Erosion Repair, Drift removal, Guardrail repair $21,070.00 161780B00155001 Belmeade Drive @ Drainage Ditch YES YES Repair bridge rail,concrete structure repair,erosion $217070.00 161780B00168001 repair W Broadway St @ Drainage Ditch NO YES Concrete Structure Repair $21,070.00 161780B00271001 Lipan St @ Drainage Ditch YES NO Repair Bridge Rail $77030.00 161780B00280001 Mestina St @ Drainage Ditch NO NO Repair/Replace Culvert End Pipes, Concrete $147050.00 161780B00285001 Structural Repair Cedar Pass Street @ Schanen Drain Regrade Channel, Concrete Structural Repair, Repair 161780B00400001 YES NO Guardrail $14,050.00 Clarkwood Road @ Drainage Ditch NO NO Guardrail repair, concrete structure repair, $42,130.00 161780B00448002 Repair/Replace Concrete Riprap Congressional Dr @ Schanen Drain YES YES Repair wingwalls,erosion repair $287090.00 161780B00492001 Countiss Dr @ Turkey Creek YES YES Concrete Structure Repair, Repair MBGF $147050.00 161780B00515001 Ft Worth St @ Drainage Ditch NO YES Replace bridge rails, Erosion Repair $567170.00 161780B00750001 Beal Dr @ Drainage Ditch YES NO Repair Rail, Concrete Structure Repair $147050.00 161780B00800001 Guadalupe R Dr @ Drainage Ditch YES NO Erosion repair,scour repair, remove drift $147050.00 161780B00805001 Hearne Rd @ Drainage Ditch YES NO Repair guardrail,scour repair,place stone riprap $42,130.00 161780B00904002 Hehnsohn Road @ Drainage Ditch NO NO Replace guardrail, Scour repair, riprap repair $21,070.00 161780B00907068 Horne Rd @ Appt Drainage YES YES Repair sidewalk, concrete structure repair, repair $14,050.00 161780B00959001 concrete riprap Killarmet Dr @ Drainage Ditch YES YES Repair bridge rail,erosion repair, clean/reseal joints $147050.00 161780B01070001 Killarmet Dr @ Schanen Drain YES YES Repair wingwalls $77030.00 161780B01070002 Kingsbury Dr @ Turkey Creek Trib YES NO Erosion Repair,Guardrail repair $77030.00 161780B01078001 West Guth Park 1 @ Turkey Creek NO NO Erosion Repair,concrete structure repair,add $77030.00 161780B01080001 delineators West Guth Park 2 @ Turkey Creek NO NO Erosion repair,add Stone riprap $147050.00 161780B01080002 Laguna Shores Rd @ Tidal Creek YES NO Erosion Repair, MBGF Repairs $77030.00 161780B01100004 McCain Dr @ Turkey Creek YES NO Concrete Structure Repair, Install delineators $77030.00 161780B01228001 Jamaica Dr @ Drainage Ditch YES YES Concrete Structure Repair, Erosion repair $77030.00 161780B01364001 Oso Pkwy @ Drainage Ditch YES NO Guardrail repair/replacement, Erosion repair, Place $217070.00 161780B01495001 stone riprap Patton Street @ Drainage Ditch NO NO Repair/Replace Guardrail,Concrete Structure Repair $147050.00 161780B01530001 Persimmon Dr @ Drainage Ditch YES NO Repair Guardrail, repair sidewalk,scour repair, $14,050.00 161780B01554001 concrete structure repair Philippine Dr @ Drainage Ditch YES YES Replace concrete channel lining, Erosion repair $21,070.00 161780B01559001 Sandra Lane @ Drainage Ditch YES NO Repair Rail, Concrete Structure Repair $77030.00 161780B01754001 Westpoint Road @ Arpt Drainage NO YES Rebuild channel riprap,concrete structure repair $147050.00 161780B02133001 Page 2 of 4 Westpoint Rd @ Drainage Ditch NO YES Repair/Replace guardrail, concrete structure repair $7,030.00 16178OB02133002 Whitecap Blvd @ Canal NO YES 18100A-Storm Water Infrastructure IDIQ-D.O.#04 $156,110.00 16178OB02143002 Whitecap Bridge Repairs Monk Drive @ Drainage Ditch YES NO Repair/Replace guardrail,erosion repair $7,030.00 16178OB02180001 Oso Parkway @ Drainage Ditch YES NO Scour repair,Add Stone riprap, Remove Drift $14,050.00 16178OB02195001 Cimarron Blvd @ Drainage Ditch YES NO Replace guardrail posts,erosion repair, concrete $21,070.00 16178OB02260001 structure repair. Yorktown Rd @ Drainage Ditch YES NO Replace Attenuator, Repair Riprap $98,300.00 16178OB02201002 Cimarron Blvd @ Drainage Ditch YES NO Replace damaged Turndown, Remove Drift,concrete $14,050.00 16178OB02260002 structure repair Wapentate St @ Schanen Drain YES NO Repair turndown,erosion repair,crack repair $14,050.00 16178OB02310001 Edinburg Circle @ Drainage Ditch NO NO Scour repair,concrete structure Repair, Delineation $7,030.00 16178OB03001001 Warrior Drive @ Drainage Ditch NO NO Replace Guardrail,Clean culverts, concrete structure $28,090.00 16178OB03010001 repair Cricket Hollow @ Drainage Ditch NO NO Erosion Repair, Repair sidewalk and curb, repair $21,070.00 16178OB03015001 guardrail Service Center Rd @ Drainage Ditch NO NO Erosion Repair,place stone riprap,crack repair, $28,090.00 16178OB03030001 guardrail repair Waldron Rd @ Drainage Ditch YES NO Concrete Structure Repair $7,030.00 16178OB04001001 Gypsy @ Canal NO YES Guardrail Repair, concrete structure repair, pedestrian $14,050.00 16178OB70002001 rail repair Holly Road @ Drainage Ditch NO NO E10200-La Volla Creek Drainage Improvement @ $2,524,560.00 161780B00950001 Holl Total $3,614,790.00 SECTION 2. that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2 The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structure or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causing to be performed, the equivalent-match projects, the Local Government assumes all responsibilities for engineering and construction and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match projects has not begun and will not begin until the local match fund participation waiver approval process has been completed. 5. The Local Government will be allowed three years after the contract award of the participation waived projects to complete the structural improvement work on the equivalent-match projects. 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. Page 3 of 4 SECTION 3. that the Local Government will work with the State to develop and execute an Advance Funding Agreement on the participation-waived project, and that this resolution shall become an attachment to such Advanced Funding Agreement. The City Manager, or his designee is hereby authorized by the City Council to execute an Advance Funding Agreement, with this resolution attached, on behalf of the Local Government once terms are agreed upon. PASSED AND APPROVED on the day of 2022. Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Paulette M. Guajardo, Mayor Page 4 of 4 TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation Off the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Title 23 United States Code Section 144 authorizes federal funds to assist the states in the replacement or rehabilitation of deficient bridges located on public highways, roads, and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code Sections 201 .103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns one or more bridges on a public road or street located at Ocean Drive. at Cavo Del Oso, and this bridge is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order Number 116292, dated August 30,2022; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance, which is attached to and made a part of this agreement as Attachment D for the development of the specific programmed replacement or rehabilitation project, called the "Project". The Project is identified in the location map shown as Attachment A, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth, it is agreed as follows: Bridge AFA Page 1 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development AGREEMENT 1. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Termination of this Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for one-hundred percent (100%) of its reasonable actual direct and indirect costs incurred for the project; or D. The project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may at its discretion terminate the agreement. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon written amendment executed by all parties to this Agreement. 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridges identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications, and estimates developed in accordance with this Agreement and which are incorporated in this agreement by reference. Bridge AFA Page 2 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development 6. Right of Way and Real Property A. The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. B. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the sites of these bridges and adjacent right of way or relocation right of way to perform surveys, inspections, construction, and other activities necessary to replace or rehabilitate these bridges and approaches. 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. B. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment C, Estimate of Direct Costs. C. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. D. The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS Bridge AFA Page 3 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds A. A Project Cost Estimate is provided in Attachment C, Estimate of Direct Costs. B. Attachment C provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. C. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost Bridge AFA Page 4 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development resulting from changes made at the request of the Local Government. The State and the Federal Government will not reimburse the Local Government for any work performed before federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. D. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. E. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government shall remit to the State the amount specified in Attachment C for the Local Government's contribution for preliminary engineering. The Local Government will pay, at a minimum, its funding share for this estimated cost of preliminary engineering. F. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owed. G. If, at the completion or termination of the Project, the State determines that additional funding is required by the Local Government, the State shall notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation". The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied to the State Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. J. The State will not pay interest on any funds provided by the Local Government. K. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at Bridge AFA Page 5 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development the request of the Local Government as addressed in the Termination provision of this Agreement. L. The amounts shown on Attachment C are estimates only. If actual costs exceed the estimates, this shall be considered a fixed price agreement, and no additional funding shall be required of the Local Government except to the extent that the additional costs result from changes made at the request of the Local Government or to the extent that the additional costs are not eligible for federal participation under the federal HBRRP. If actual costs are less than the estimates, Local Government participation shall be recalculated based on actual costs. If the recalculation results in a reduction in participation by the Local Government, the State shall pay the difference to the Local Government upon completion of the Project. M. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to ten percent1( 0%). N. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Bridge AFA Page 6 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development 14. Performance by Local Government of Equivalent-Match Projects (EMP) in Return for Waiver of Local Match Participation Funding on Participation- Waived Projects (PWP) A. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment C, Estimate of Direct Costs, but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other" bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a PWP and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the EMPs. Attachment B to this Agreement shows a list of EMPs under this Agreement. B. Project Cost Estimate for PWP. Attachment C to this Agreement shows the estimated direct preliminary engineering, construction engineering, and construction costs for the PWP in total and local match fund participation being waived or partially waived. C. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit will be reflected in Attachment C to this Agreement. D. Responsibilities of the Local Government on EMPs. 1 . The Local Government shall be responsible for all engineering and construction, related costs, and compliance with all applicable state and federal environmental regulations and permitting requirements. 2. The structural or safety improvement work on the EMPs shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWPs. 3. Written documentation, suitable for audit, of the structural or safety improvement work completed on the EMPs shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related to those items, whichever is longer. A notice of completion of work on the EMPs shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMPs. 4. Failure by the Local Government to adequately complete the EMPs within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. E. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State one- hundred percent (100%) of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and one-hundred percent (100%) of the costs resulting from additional work on the PWP performed solely Bridge AFA Page 7 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: State: Director, Bridge Division Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 Local Government: City of Corpus Christi City Hall of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Bridge AFA Page 8 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this Agreement. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA) and the U.S. Office of the Inspector General, or their duly authorized representatives, for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, the FHWA, and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Bridge AFA Page 9 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development 24. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1 . withholding of payments to the Local Government under the contract until the Local Government complies and/or 2. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for Bridge AFA Page 10 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 25. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http://ftp.dot.state.tx.0 ; ub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- Bridge AFA Page 11 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 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 of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification 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 all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required Bridge AFA Page 12 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22705.pdf and http://www.-qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1 . Obtain and provide to the State, a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web-site whose address is: https://sam.gov/SAM/pages/public/index.jsf, 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/w, )rm; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Local Government Restrictions In the case that the Local Government has an existing, future, or proposed local ordinance, commissioners court order, rule, policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. Bridge AFA Page 13 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at sing leaudits(a)txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY 17 D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Pertinent Non-Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities, including but not limited to: A. 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); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471 , Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Bridge AFA Page 14 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination 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. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 33. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Bridge AFA Page 15 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Peter Zanoni Typed or Printed Name City Manager of Corpus Christi Title Date THE STATE OF TEXAS Graham Bettis, P.E. Bridge Division Director Texas Department of Transportation Date Bridge AFA Page 16 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construebon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development ATTACHMENT A PROJECT LOCATION MAP OCEAN DRIVE BRIDGE AFA ESTIMATE CSJ R D916 35 231 OLBLIS 6 ci,-.IStreet ra Ditch ozed Off-system tour r,Place stone rip p,re place wingw,ll,concrete ztmaurerepair 1D, - . ,NO N,I—Road Ditch ozed Off-ryrtem $I,0 - YES _ ,,d a ozed OR"I.. R-dd/Repi—Rip,Emzion repair,guardaR repair, $70, - - YES —B-11R BE, Ditch ozed Off-ry— Dift removal,6uardaBrepair $21. -9177.4185594572823576 NO Belme,de Dive ra DI ozed off'Y".. aonblridgefrail,concrete ztmcture repair,erosion repay $21, 3 - VES _ roadway 5t Ditch ozed Off-ry— p $21. - NO BE, Nip.16178OWD29D St ra DrtcI ozed off'Y".. Bridge R..I $],0 3 - 3 YES _ Ditch ozed Off-ry— pare/Replace Culvert End Pipet,Concrete S-1-1 Repair $14, NO CedariPass Street SOch—t Main ozed off'Y".. gridsChannel,Concrete 5tmctual Repair,Reapir Guadail 514,a5o�oo - _ VES 161]BOWD40DDD1 Prop Re 2]68511]04 5]41]x1446 _ Clrkwood Road - "I ozed Off-ry— uardaBrepair,conuete rtm¢ure repair,Repair/Replace Concrete Cnpap $42, _ - NO L6178-492 BE, C.tgtioI., Dr 5lchanen Main ozed off"I.. gwallz,emzion repatr 511/3/00 - YES _ Turkey Creek ozed Off-ryztem GF $14, _ - YES nortM1 St a flitch ozed off"I.. Replace bridge ails EmzionRRepairNB 516,111111 - _ NO 161]BOWDISDDDl FtW D inage Prop 1]]3]44151 5]3]']'4]5 163IBDBD0800001 Beal Dr Drainage RlIch Proposed Off-ryztem Repair Rail.Concrete Structure REPIr $14,050.00 _27.86752974 -9].65163242 NO Guadalupe R Dr Ditch ozed Off-system ion ve drift 514,050.00 - NJ 761IBOWD90-8 161]BOWDBDSDDl Dainage Prop Eroz repair,scour repair,remo 2].86861514 5].E5�34643 161]_8DB00904002 Hearne Rd Drainage Ditch Proposed Off-ryztem Repair guardrail.scour repair,place stone ipap $42,130.00 2].84874645 -9].6181100] NO Hehnzohn Road .. Ditch ozed off"I.. Replace guardrail,Scour r e pair,ipp repatr 5111]1.11 - - _. NO eRd ozed Off-ry— ,sidewalk,conuete rtm¢ure repair,repair concrem rtpap $10.050.00 - YES Klkrmet Dr Dtcch ozed off"I.. air badge rail,erozioI repair,clean(rezeal joints $lA, _ -9'777 YES _ NIT.—t51ch—t Dain used Off-ry— gwalls $,0MYES ngzbury Dr Turkey Creek Tib ozed Off-system rozion u,rdr,il re parr 5711100 -9 167 7 S7 YES T6758_ Guth Park 1 Turkey Creek ozed Off-system ion z m ur p r,add delineators $],0 - NO ez GutM1 Park2 Turkey Creek ozed Off -system rozion r,add Stone fiF.Op e 514/5000 - NO 761]BOWIDBDDD2 W t Prop E - ,spat 1]83661]]4 97 11479339 _T6758a5horez Rd Tidal Caek ozed Off-zyrtem io - $],0 _ - YES cam r Turkey Creek ozed Off'Y".. oncree ,year. nstall SiEh—tori $711111 - VES 161]BOW1228BE, MC-D Prop C t St t Repair,, 1]8298135] 97.565 94198 161]_BDW111101 Jamaica Dr Dainage Ditch Proposed Off-ryrtem Conuete SLincture Repair,Emsion repair $],030.00 2].635]383 -9].29328829 YES zo Pkwy ra DrtcM1 ozed off"I.. ur air/replacement,Emsion repair,Plaee stone riprap $11 x]0.1 - VES 161]BOW1495BE, O D inage Prop G adrail rep 2]6686]4] 9]4099]]35 161]_BDW1131101 Patton Street Drainage Ditch Proposed Off-system Repair/Replace Guardrail.Concrete Structure Repair $14,050.00 27.69219996 -9].3]205116 NO mon r ra itcM1 ozed off'Y".. var rat sider,valk,soy concrete ztrvnvr p $14 -9742 9 S6967 VES _ PhilSppine Drl Ditch ozed Off-system Replace concrete chattel linin&Emzion repatr $21. - YES Sand,Lane a DZI, ozed Off-zYztem a tmcturz 51,D30.DD - VES _ Road ozed OffWI.. Rebuild channel ripe concretes tamaure repair $14. - NO _ 1Dd Ditch ozed off"I.. air/R=palm guard ail,concrete ztrvrrvrr repair $7,0 - NO Whaeap Blvd an'alage Scheduled Off,yrtem - rinfiartructualDlO-D.O.#MWh—pBidge Re - $156 - NO 161]8080210.3012 C 18100A Storm Wale .111.01 2].6020630] 9].2254]902 161]BOBD218DDD1 Monk Dive Dainage Ditch Proposed Off-tem Repair/Repal�nvardal,erosion repair $7,03D.OD 2I.6834DII1 -97.35444934 YES Col o Parkway Ditch used OR"I.. Sc—repair,Add Stone riprap.Remove lift $14.151.D0 27.66848571 VES I BHd ra DrtcM1 tl !r-zvzt=m laeegvardrail pons=rosion re eonerete nrvrtvr p 521,1]D.OD - . YES _ Yorktown Rd Ditch used Off-system Replace Attenuator,Repair Riprap pa' $98.301.Do - NO _ imarroI Blvd ,inage Ditch d ll7ysvm unaged T-Idor.�n,Remove OrElr mn�_tezr.vnvr p $14, - _ YES 5lchanen Drain ozed Off-system umdown,eros ion repatr.crack repair $14. - VES 163IBDB02330001 Wapentate t Prop Repairt 151.01 2].68]]]486 9].411]]513 _ Edinburg Ctrcle ra DitcF m eine,ion $],D - NO _ Ditch ozed OR1'— .place Guardrail,Clean culveraR,con'crte rtmcture repair $28 - NO 161780-15001 Cncket Hollow Da _ - m rosion n—zlk and curb,r=parr guad—I $21, - NO III zyzte _ rRd Ditch used Off,yrtem io r.place stone npap.tack repair.g-rd—I dpair $28. - NO _ Waldron Ids ndr ozed Off'Y'. o urs $I,1 - YES 0002001 ypy Canalagv posed OT'Y".. GuaNead Repair.-tc,ete-I—repair.pedestrian ail repair $14.151.10 2].59945943 -9].22941234 NO $ 1,090,230.00 Total Estimated Prplect Cost Bridge AFA Page 1 Attachment A Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan Nng and Construe bon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development ATTACHMENT B ** LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT-MATCH PROJECTS Location (and structure On School Historic Description of Structural or identification number, if Bus Route? Bridge? Estimated Cost applicable) (Yes/No) (Yes/No) Safety Improvement Work VARIOUS Varies Varies Varies $1,090,230 Total $1,090,230 EMP work credited to this PWP* $991,600 Balance of EMP work available to associated PWPs $98,630 Associated PWPs CSJs Amount to be Credited to Associated PWPs *This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment C. **This attachment not applicable for non-PWPs. Bridge AFA Page 1 of 1 Attachment B Bridge Division TxDOT: NBI Structure# 16-178-0-13014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name SS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development ATTACHMENT C ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Participation Preliminary Engineering (PE) (1) $1,000,000 Ten Percent (10%) or EDC Adjusted Percent of PE for Local Government Participation (3) $74,000 Construction $12,200,000 Engineering and Contingency (E&C) $200,000 The Sum of Construction and E&C (2) $12,400,000 Ten Percent (10%) or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation (4) $917,600 Amount of Advance Funds Paid by Local Government * (5) $0 Amount of Advance Funds to be Paid by Local Government * (6) $0 Balance of Local Government Participation which is to be Waived where the Project is a PWP (3+4-5-6) $991,600 Total Project Direct Cost (1+2) $13,400,000 *Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown on Attachment B. $991.600 Bridge AFA Page 1 of 1 Attachment C Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development ATTACHMENT A PROJECT LOCATION MAP Resolution of the City Council of the City of Corpus Christi,Texas authorizing the City's participation in the Texas Department of Transportation Federal Off-System Bridge Program. WHEREAS, the Federal Off-System Bridge Program is administered by the Texas Department of Transportation ("TXDOT") to replace or rehabilitate structurally deficient and functionally obsolete(collectively referred to as deficient bridges)located on public roads and streets off the designated state highway system; and WHEREAS,the City of Corpus Christi,Texas hereinafter referred to as the "Local Government" has assumed responsibility for the local match and owns the bridges located at; Location of Bridge National Bridge Inventory Control-Section-Job Number(NBI) Number CSJ Yorktown Rd Nueces at Cayo Del Oso 16-178-0-13022-00-001 0916-35-251 Location of Bridge National Bridge Inventory Control-Section-Job Number(NBI) Number CSJ Ocean Drive WB at Cayo Del Oso 16-178-0-B014-03-001 0916-35-231 Ocean Drive EB at Cayo Del Oso 16-178-0-B014-63-002 0916-35-231 and WHEREAS, a project to remedy this bridge is included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order Number 116292; dated August 30, 2022; and WHEREAS,the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed,an equivalent dollaramount of structural improvement workon otherdeficient bridges or deficient mainlane cross-drainage structures within its jurisdiction or the jurisdiction of a geographically adjacent or overlapping governmental unit,such a project of structural improvement work being referred to as an"equivalent-match project";and WHEREAS,the estimated local match fund participation requirement on the approved federal off-system bridge project is estimated to be$2,493,800.00(PWP dollars), hereinafter referred to as the "participation-waived" project, such participation requirement the Local Government proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. the Local Government perform,or cause to be performed,the following equivalent-match project(s) in return for waiver of$2,493,800.00 of the local match fund participation requirement on the approved federal off-system bridge program (participation-waived) project not yet awarded: Page 1 of 4 Bridge AFA Page 1 of 4 Attachment A Bridge Division TxDOT: NBI Structure# 16-178-0-13014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Hughway Plan nung and Constructuon Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development On School Historic Location(and structure Bus Bridge? Description of Structural or Safety Improvement Estimated Cost identification number,if applicable) Route? (Yes/No) Work (Yes/No) Acushnet Street @ Drainage Ditch NO YES Scour Repair,Place stone riprap,replace wingwall, $70,210.00 161780800008001 concrete structure repair Airline Road @ Drainage Ditch YES NO Concrete Structure repair $7,030.00 161780800019001 Airport Rd @ ARPT Drainage YES YES Rebuild/Replace Riprap,Erosion repair,guardrail $70,210.00 161780B00020001 re air, Bear Ln @ Drainage Ditch NONO Erosion Repair,Drift removal,Guardrail repair $21,070.00 161780800155001 Belmeade Drive @ Drainage Ditch YES YES Repair bridge rail,concrete structure repair,erosion $21,070.00 1 61 7 8080 01 680 01 re air W Broadway St @ Drainage Ditch NO YES Concrete Structure Repair $21,070.00 161780800271001 Lipan St @ Drainage Ditch YES NO Repair Bridge Rail $7,030.00 161780800280001 Mestina St @ Drainage Ditch NO NO Repair/Replace Culvert End Pipes,Concrete $14,050.00 161780800285001 Structural Repair Cedar Pass Street @ Schanen Drain Regrade Channel,Concrete Structural Repair,Repair 161780800400001 YES NO Guardrail $14,050.00 Clarkwood Road @ Drainage Ditch NO NO Guardrail repair,concrete structure repair, $42,130.00 161780800448002 Repair/Replace Concrete Riprap Congressional Dr @ Schanen Drain YES YES Repair win gwalls,erosion repair $28,090.00 161780800492001 Countiss Dr @ Turkey Creek YES YES Concrete Structure Repair,Repair MBGF $14,050.00 161780800515001 Ft Worth St @ Drainage Ditch NO YES Replace bridge rails,Erosion Repair $56,170.00 161780800750001 Beal Dr @ Drainage Ditch YES NO Repair Rail,Concrete Structure Repair $14,050.00 161780800800001 Guadalupe R Dr @ Drainage Ditch YES NO Erosion repair,scour repair,remove drift $14,050.00 161780800805001 Hearne Rd @ Drainage Ditch YES NO Repair guardrail,scour repair,place stone riprap $42,130.00 161780800904002 Hehnsohn Road @ Drainage Ditch NO NO Replace guardrail,Scour repair,riprap repair $21,070.00 161780800907068 Horne Rd @ Appt Drainage YES YES Repair sidewalk,concrete structure repair,repair $14,050.00 161780800959001 concrete riprap Killarmet Dr @ Drainage Ditch YES YES Repair bridge rail,erosion repair,clean/reseal joints $14,050.00 161780801070001 Killarmet Dr @ Schanen Drain YES YES Repair wingwalls $7,030.00 161780801070002 Kingsbury Dr @ Turkey Creek Trib YES NO Erosion Repair,Guardrail repair $7,030.00 161780801078001 West Guth Park 1 @ Turkey Creek NO NO Erosion Repair,concrete structure repair,add $7,030.00 1 61 780801 080001 delineators West Guth Park 2 @ Turkey Creek NO NO Erosion repair,add Stone riprap $14,050.00 161780801080002 Laguna Shores Rd @ Tidal Creek YES NO Erosion Repair,MBGF Repairs $7,030.00 161780801100004 McCain Dr @ Turkey Creek YES NO Concrete Structure Repair,Install delineators $7 030.00 161780801228001 Jamaica Dr @ Drainage Ditch YES YES Concrete Structure Repair,Erosion repair $7,030.00 161780801364001 Oso Pkwy @ Drainage Ditch YES NO Guardrail repair/replacement,Erosion repair,Place $21,070.00 161780801495001 stone riprap Patton Street @ Drainage Ditch NO NO Repair/Replace Guardrail,Concrete Structure Repair $14,050.00 161780801530001 Persimmon Dr @ Drainage Ditch YES NO Repair Guardrail,repair sidewalk,scour repair, $14,050.00 1 61 780801 554001 concrete structure repair Philippine Dr @ Drainage Ditch YES YES Replace concrete channel lining,Erosion repair $21,070.00 161780801559001 Sandra Lane @ Drainage Ditch YES NO Repair Rail,Concrete Structure Repair $7,030.00 161780801754001 Westpoint Road @ Arpt Drainage NO YES Rebuild channel riprap,concrete structure repair $14,050.00 161780802133001 Page 2 of 4 Bridge AFA Page 2 of 4 Attachment A Bridge Division TxDOT: NBI Structure# 16-178-0-B014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development Westpoint Rd @ Drainage Ditch NO YES Repair/Replace guardrail,concrete structure repair $7,030.00 16178OB02133002 Whitecap Blvd @ Canal NO YES 18100A-Storm Water Infrastructure IDIQ-D.O.#04 $156,110.00 161780802143002 Whitecap Bridge Repairs Monk Drive @ Drainage Ditch YES NO Repair/Replace guardrail,erosion repair $7,030.00 161780802180001 Oso Parkway @ Drainage Ditch YES NO Scour repair,Add Stone riprap,Remove Drift $14,050.00 161780802195001 Cimarron Blvd @ Drainage Ditch YES NO Replace guardrail posts,erosion repair,concrete $21,070.00 161780802260001 structure repair. Yorktown Rd @ Drainage Ditch YES NO Replace Attenuator,Repair Riprap $98,300.00 161780802201002 Cimarron Blvd @ Drainage Ditch YES NO Replace damaged Turndown,Remove Drift,concrete $14,050.00 16178OB02260002 structure repair Wapentate St @ Schanen Drain YES NO Repair turndown,erosion repair,crack repair $14,050.00 16178OB02310001 Edinburg Circle @ Drainage Ditch NO NO Scour repair,concrete structure Repair,Delineation $7,030.00 161780803001001 Warrior Drive @ Drainage Ditch NO NO Replace Guardrail,Clean culverts,concrete structure $28,090.00 1 61 7 80 80301 0001 repair Cricket Hollow @ Drainage Ditch NO NO Erosion Repair,Repair sidewalk and curb,repair $21,070.00 161780803015001 guardrail Service Center Rd @ Drainage Ditch NO NO Erosion Repair,place stone riprap,crack repair, $28,090.00 161780803030001 guardrail repair Waldron Rd @ Drainage Ditch YES NO Concrete Structure Repair $7,030.00 16178OB04001001 Gypsy @ Canal NO YES Guardrail Repair,concrete structure repair,pedestrian $14,050.00 16178OB70002001 rail repair Holly Road @ Drainage Ditch NO NO E10200-La Voila Creek Drainage Improvement @ $2,524,560.00 161780B00950001 Holl Total $3,614,790.00 SECTION 2. that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2 The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structure or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing,or causing to be performed,the equivalent-match projects,the Local Government assumes all responsibilities for engineering and construction and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match projects has not begun and will not begin until the local match fund participation waiver approval process has been completed. 5. The Local Government will be allowed three years after the contract award of the participation waived projects to complete the structural improvement work on the equivalent-match projects. 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. Page 3 of 4 Bridge AFA Page 3 of 4 Attachment A Bridge Division TxDOT: NBI Structure# 16-178-0-13014-63-001 CSJ# 0916-35-231 Federal Highway Administration: District# 16 CRP AFA ID I Z00003500 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name TS3 Nueces Ocean Drive Cayo Del Oso BR AFA Not Used For Research &Development SECTION 3. that the Local Government will work with the State to develop and execute an Advance Funding Agreement on the participation-waived project, and that this resolution shall become an attachment to such Advanced Funding Agreement. The City Manager, or his designee is hereby authorized by the City Council to execute an Advance Funding Agreement,with this resolution attached, on behalf of the Local Government once terms are agreed upon. PASSED AND APPROVED on the day of 2022. Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Paulette M. Guajardo, Mayor Page 4 of 4 Bridge AFA Page 4 of 4 Attachment A Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation Off the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Title 23 United States Code Section 144 authorizes federal funds to assist the states in the replacement or rehabilitation of deficient bridges located on public highways, roads, and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code Sections 201 .103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns one or more bridges on a public road or street located at Yorktown Rd. at Cavo Del Oso, and this bridge is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order Number 116292, dated August 30,2022; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance, which is attached to and made a part of this agreement as Attachment D for the development of the specific programmed replacement or rehabilitation project, called the "Project". The Project is identified in the location map shown as Attachment A, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth, it is agreed as follows: Bridge AFA Page 1 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development AGREEMENT 1. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Termination of this Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for one-hundred percent (100%) of its reasonable actual direct and indirect costs incurred for the project; or D. The project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may at its discretion terminate the agreement. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon written amendment executed by all parties to this Agreement. 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridges identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications, and estimates developed in accordance with this Agreement and which are incorporated in this agreement by reference. Bridge AFA Page 2 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development 6. Right of Way and Real Property A. The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. B. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the sites of these bridges and adjacent right of way or relocation right of way to perform surveys, inspections, construction, and other activities necessary to replace or rehabilitate these bridges and approaches. 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. B. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment C, Estimate of Direct Costs. C. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. D. The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS Bridge AFA Page 3 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds A. A Project Cost Estimate is provided in Attachment C, Estimate of Direct Costs. B. Attachment C provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. C. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost Bridge AFA Page 4 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development resulting from changes made at the request of the Local Government. The State and the Federal Government will not reimburse the Local Government for any work performed before federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. D. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. E. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government shall remit to the State the amount specified in Attachment C for the Local Government's contribution for preliminary engineering. The Local Government will pay, at a minimum, its funding share for this estimated cost of preliminary engineering. F. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owed. G. If, at the completion or termination of the Project, the State determines that additional funding is required by the Local Government, the State shall notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation". The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied to the State Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. J. The State will not pay interest on any funds provided by the Local Government. K. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at Bridge AFA Page 5 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development the request of the Local Government as addressed in the Termination provision of this Agreement. L. The amounts shown on Attachment C are estimates only. If actual costs exceed the estimates, this shall be considered a fixed price agreement, and no additional funding shall be required of the Local Government except to the extent that the additional costs result from changes made at the request of the Local Government or to the extent that the additional costs are not eligible for federal participation under the federal HBRRP. If actual costs are less than the estimates, Local Government participation shall be recalculated based on actual costs. If the recalculation results in a reduction in participation by the Local Government, the State shall pay the difference to the Local Government upon completion of the Project. M. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to ten percent1( 0%). N. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Bridge AFA Page 6 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development 14. Performance by Local Government of Equivalent-Match Projects (EMP) in Return for Waiver of Local Match Participation Funding on Participation- Waived Projects (PWP) A. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment C, Estimate of Direct Costs, but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other" bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a PWP and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the EMPs. Attachment B to this Agreement shows a list of EMPs under this Agreement. B. Project Cost Estimate for PWP. Attachment C to this Agreement shows the estimated direct preliminary engineering, construction engineering, and construction costs for the PWP in total and local match fund participation being waived or partially waived. C. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit will be reflected in Attachment C to this Agreement. D. Responsibilities of the Local Government on EMPs. 1 . The Local Government shall be responsible for all engineering and construction, related costs, and compliance with all applicable state and federal environmental regulations and permitting requirements. 2. The structural or safety improvement work on the EMPs shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWPs. 3. Written documentation, suitable for audit, of the structural or safety improvement work completed on the EMPs shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related to those items, whichever is longer. A notice of completion of work on the EMPs shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMPs. 4. Failure by the Local Government to adequately complete the EMPs within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. E. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State one- hundred percent (100%) of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and one-hundred percent (100%) of the costs resulting from additional work on the PWP performed solely Bridge AFA Page 7 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: State: Director, Bridge Division Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 Local Government: City of Corpus Christi City Hall of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Bridge AFA Page 8 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this Agreement. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA) and the U.S. Office of the Inspector General, or their duly authorized representatives, for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, the FHWA, and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Bridge AFA Page 9 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development 24. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1 . withholding of payments to the Local Government under the contract until the Local Government complies and/or 2. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for Bridge AFA Page 10 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 25. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http://ftp.dot.state.tx.0 ; ub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- Bridge AFA Page 11 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 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 of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification 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 all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required Bridge AFA Page 12 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22705.pdf and http://www.-qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1 . Obtain and provide to the State, a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web-site whose address is: https://sam.gov/SAM/pages/public/index.jsf, 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/w, )rm; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Local Government Restrictions In the case that the Local Government has an existing, future, or proposed local ordinance, commissioners court order, rule, policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. Bridge AFA Page 13 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at sing leaudits(a)txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY 17 D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Pertinent Non-Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities, including but not limited to: A. 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); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471 , Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Bridge AFA Page 14 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination 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. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 33. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Bridge AFA Page 15 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Peter Zanoni Typed or Printed Name City Manager of Corpus Christi Title Date THE STATE OF TEXAS Graham Bettis, P.E. Bridge Division Director Texas Department of Transportation Date Bridge AFA Page 16 of 16 Revised 6/13/2022 Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Constructuon Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development ATTACHMENT A PROJECT LOCATION MAP c@2o22 TEXAS DEPARTMENT OF TRANSPORTATION CITY OF CORPUS CHRISTI -x 1,7 e • • 4y • c o ` c r tf3 a OFn 5'ny 3� .r' (vartands • • .° Ott+.. ° . (�s�"'e cP a//S BPokr4 SXP, Pa•kway Dom ` r ^ as n 0 R 9nf wrtr Yorktown Rd.at Cayo Del Oso �i P-r4 y 3.7 Mt E OF FM 2444 NBI:16-178-0-8022-00-001 ^ CSJ:0916-35-251 GPS'27.64089721..-97.34441909 ^ a. a - 0 TxDOT Projects City of Corpus Christi Resolution Locations NOT TO SCALE Bridge AFA Page 1 of 2 Attachment A Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Constructuon Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development c@2o22 TEXAS DEPARTMENT OF TRANSPORTATION CITY OF CORPUS CHRISTI w, V v - ctlr✓A N 1S' � 4� Holly Road at Drainage Ditch 1.25 MI W OF 6H 286 NBI:16-178-0-8009-50-001 tiaOgs, ` yI,lJ(rf�d'f CSJ:0916-02-021 GPS:27.7349303,-97.45074784 /. .lire \\\\ CITY OF CORPUS CHRISTI fns if IJ TxDOT Projects �r � City of Corpus Christi Resolution Locations NOT TO SCALE ,- Bridge AFA Page 2 of 2 Attachment A Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development ATTACHMENT B ** LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT-MATCH PROJECTS Location (and structure On School Historic Description of Structural or identification number, if Bus Route? Bridge? Estimated Cost applicable) (Yes/No) (Yes/No) Safety Improvement Work Holly Rd. at Drainage Ditch NO NO La Voila Creek Drainage $2,524,560.00 NBI: 161780B00950001 Improvements at Holly Rd. Total $2,524,560.00 EMP work credited to this PWP* $1,502,200.00 Balance of EMP work available to associated PWPs $1,022,360.00 Associated PWPs CSJs Amount to be Credited to Associated PWPs *This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment C. **This attachment not applicable for non-PWPs. Bridge AFA Page 1 of 1 Attachment B Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development ATTACHMENT C ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Participation Preliminary Engineering (PE) (1) $1,200,000 Ten Percent (10%) or EDC Adjusted Percent of PE for Local Government Participation (3) $88,800 Construction $18,900,000 Engineering and Contingency (E&C) $200,000 The Sum of Construction and E&C (2) $19,100,000 Ten Percent (10%) or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation (4) $1,413,400 Amount of Advance Funds Paid by Local Government * (5) $0 Amount of Advance Funds to be Paid by Local Government * (6) $0 Balance of Local Government Participation which is to be Waived where the Project is a PWP (3+4-5-6) $1,502,200 Total Project Direct Cost (1+2) $20,300,000 *Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown on Attachment B. $1.502.200 Bridge AFA Page 1 of 1 Attachment C Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development ATTACHMENT D RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Resolution of the City Council of the City of Corpus Christi, Texas authorizing the City's participation in the Texas Department of Transportation Federal Off-System Bridge Program. WHEREAS, the Federal Off-System Bridge Program is administered by the Texas Department of Transportation ("TXDOT") to replace or rehabilitate structurally deficient and functionally obsolete(collectively referred to as deficient bridges)located on public roads and streets off the designated state highway system; and WHEREAS,the City of Corpus Christi,Texas hereinafter referred to as the"Local Government" has assumed responsibility for the local match and owns the bridges located at; Location of Bridge National Bridge Inventory Control-Section-Job Number NBI Number CSJ Yorktown Rd Nueces at Cayo Del Oso 16-178-0-13022-00-001 0916-35-251 Location of Bridge National Bridge Inventory Control-Section-Job Number NBI Number CSJ Ocean Drive WB at Cayo Del Oso 16-178-0-B014-03-001 0916-35-231 Ocean Drive EB at Cayo Del Oso 16-178-0-B014-63-002 0916-35-231 and WHEREAS, a project to remedy this bridge is included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order Number 116292; dated August 30, 2022; and WHEREAS,the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed,an equivalent dollaramount of structural improvement workon otherdeficient bridges or deficient mainlane cross-drainage structures within its jurisdiction or the jurisdiction of a geographically adjacent or overlapping governmental unit,such a project of structural improvement work being referred to as an"equivalent-match project';and WHEREAS,the estimated local match fund participation requirement on the approved federal off-system bridge project is estimated to be$2,493,800.00(PWP dollars), hereinafter referred to as the "participation-waived" project, such participation requirement the Local Government proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,THAT: SECTION 1. the Local Government perform,or cause to be performed,the following equivalent-match project(s) in return for waiver of$2,493,800.00 of the local match fund participation requirement on the approved federal off-system bridge program (participation-waived) project not yet awarded: Page 1 of 4 Bridge AFA Page 1 of 4 Attachment D Bridge Division TxDOT: NBI Structure# 16-178-0-13022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlannMg and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development On School Historic Location(and structure Bus Bridge? Description of Structural or Safety Improvement identification number,if applicable) Route? Bridg ? Work Estimated Cost (Yes/No) Acushnet Street @ Drainage Ditch NO YES Scour Repair,Place stone riprap,replace wingwall, $70,210.00 161780B00008001 concrete structure repair Airline Road @ Drainage Ditch YES NO Concrete Structure repair $7,030.00 161780B00019001 Airport Rd @ ARPT Drainage YES YES Rebuild/Replace Riprap,Erosion repair,guardrail $70,210.00 161780800020001 re air, Bear Ln @ Drainage Ditch NO NO Erosion Repair,Drift removal,Guardrail repair $21,070.00 161780800155001 Belmeade Drive @ Drainage Ditch YES YES Repair bridge rail,concrete structure repair,erosion $21,070.00 161780B00168001 re air W Broadway St @ Drainage Ditch NO YES Concrete Structure Repair $21,070.00 161780B00271001 Lipan St @ Drainage Ditch YES NO Repair Bridge Rail $7,030.00 161780B00280001 Mestina St @ Drainage Ditch NO NO Repair/Replace Culvert End Pipes,Concrete $14,050.00 161780B00285001 Structural Repair Cedar Pass Street @ Schanen Drain Regrade Channel,Concrete Structural Repair,Repair 161780B00400001 YES NO Guardrail $14,050.00 Clarkwood Road @ Drainage Ditch NO NO Guardrail repair,concrete structure repair, $42,130.00 161780B00448002 Repair/Replace Concrete Riprap Congressional Dr@ Schanen Drain YES YES Repair win gwalls,erosion repair $28,090.00 161780B00492001 Countiss Dr @ Turkey Creek YES YES Concrete Structure Repair,Repair MBGF $14,050.00 161780B00515001 Ft Worth St @ Drainage Ditch NO YES Replace bridge rails,Erosion Repair $56,170.00 161780B00750001 Beal Dr @ Drainage Ditch YES NO Repair Rail,Concrete Structure Repair $14,050.00 161780B00800001 Guadalupe R Dr @ Drainage Ditch YES NO Erosion repair,scour repair,remove drift $14,050.00 161780B00805001 Hearne Rd @ Drainage Ditch YES NO Repair guardrail,scour repair,place stone riprap $42,130.00 161780800904002 Hehnsohn Road @ Drainage Ditch NO NO Replace guardrail,Scour repair,riprap repair $21,070.00 161780B00907068 Horne Rd @ Appt Drainage YES YES Repair sidewalk,concrete structure repair,repair $14,050.00 161780B00959001 concrete riprap Killarmet Dr @ Drainage Ditch YES YES Repair bridge rail,erosion repair,clean/reseal joints $14,050.00 16178OB01070001 Killarmet Dr @ Schanen Drain YES YES Repair wingwalls $7,030.00 16178OB01070002 Kingsbury Dr @ Turkey Creek Trib YES NO Erosion Repair,Guardrail repair $7,030.00 161780801078001 West Guth Park 1 @ Turkey Creek NO NO Erosion Repair,concrete structure repair,add $7,030.00 161780B01080001 delineators West Guth Park 2 @ Turkey Creek NO NO Erosion repair,add Stone riprap $14,050.00 161780801080002 Laguna Shores Rd @ Tidal Creek YES NO Erosion Repair,MBGF Repairs $7,030.00 16178OB01100004 McCain Dr @ Turkey Creek YES NO Concrete Structure Repair,Install delineators $7,030.00 16178OB01228001 Jamaica Dr @ Drainage Ditch YES YES Concrete Structure Repair,Erosion repair $7,030.00 16178OB01364001 Oso Pkwy @ Drainage Ditch YES NO Guardrail repair/replacement,Erosion repair,Place $21,070.00 16178OB01495001 stone riprap Patton Street @ Drainage Ditch NO NO Repair/Replace Guardrail,Concrete Structure Repair $14,050.00 16178OB01530001 Persimmon Dr @ Drainage Ditch YES NO Repair Guardrail,repair sidewalk,scour repair, $14,050.00 16178OB01554001 concrete structure repair Philippine Dr @ Drainage Ditch YES YES Replace concrete channel lining,Erosion repair $21,070.00 161780601559001 Sandra Lane @ Drainage Ditch YES NO Repair Rail,Concrete Structure Repair $7,030.00 16178OB01754001 Westpoint Road @ Arpt Drainage NO YES Rebuild channel riprap,concrete structure repair $14,050.00 16178OB02133001 Page 2of4 Bridge AFA Page 2 of 4 Attachment D Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development Westpoint Rd @ Drainage Ditch NO YES Repair/Replace guardrail,concrete structure repair $7,030.00 161780602133002 Whitecap Blvd @ Canal NO YES 18100A-Storm Water Infrastructure IDIQ-D.O.#04 $156,110.00 1 61 7808021 43002 Whitecap Bridge Repairs Monk Drive @ Drainage Ditch YES NO Repair/Replace guardrail,erosion repair $7,030.00 1 61 7 80 60 21 8 0001 Oso Parkway @ Drainage Ditch YES NO Scour repair,Add Stone riprap,Remove Drift $14,050.00 1 61 7808021 95001 Cimarron Blvd @ Drainage Ditch YES NO Replace guardrail posts,erosion repair,concrete $21,070.00 1 61 7 80 60 226 0001 structure repair. Yorktown Rd @ Drainage Ditch YES NO Replace Attenuator,Repair Riprap $gg 300.00 161780802201002 Cimarron Blvd @ Drainage Ditch Replace damaged Turndown,Remove Drift,concrete 1 61 7 80 60 226 0002 YES NO structure repair $14,050.00 Wapentate St @ Schanen Drain YES NO Repair turndown,erosion repair,crack repair $14,050.00 161780802310001 Edinburg Circle @ Drainage Ditch NO NO Scour repair,concrete structure Repair,Delineation $7,030.00 161780603001001 Warrior Drive @ Drainage Ditch NO NO Replace Guardrail,Clean culverts,concrete structure $28 090.00 1 61 78080301 0001 repair Cricket Hollow @ Drainage Ditch NO NO Erosion Repair,Repair sidewalk and curb,repair $21,070.00 1 61 7 80 60 301 5001 guardrail Service Center Rd @ Drainage Ditch NO NO Erosion Repair,place stone riprap,crack repair, $28 090.00 161780803030001 guardrail repair Waldron Rd @ Drainage Ditch YES NO Concrete Structure Repair $7,030.00 161780804001001 Gypsy @ Canal NO YES Guardrail Repair,concrete structure repair,pedestrian $14,050.00 161780870002001 rail repair Holly Road @ Drainage Ditch NO NO E10200-La Volla Creek Drainage Improvement @ $2,524,560.00 161780600950001 H011 Total 1 $3,614,790.00 SECTION 2. that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations,Title 23, Section 650.303. 2 The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structure or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing,or causing to be performed,the equivalent-match projects,the Local Government assumes all responsibilities for engineering and construction and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match projects has not begun and will not begin until the local match fund participation waiver approval process has been completed. 5. The Local Government will be allowed three years after the contract award of the participation waived projects to complete the structural improvement work on the equivalent-match projects. 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. Page 3 of 4 Bridge AFA Page 3 of 4 Attachment D Bridge Division TxDOT: NBI Structure# 16-178-0-B022-00-001 CSJ# 0916-35-251 Federal Highway Administration: District# 16 CRP AFA ID I Z00003502 CFDA No. 20.205 Code Chart 64# 09800 CFDA Title Wghway PlaWng and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development SECTION 3. that the Local Government will work with the State to develop and execute an Advance Funding Agreement on the participation-waived project, and that this resolution shall become an attachment to such Advanced Funding Agreement. The City Manager, or his designee is hereby authorized by the City Council to execute an Advance Funding Agreement,with this resolution attached, on behalf of the Local Government once terms are agreed upon. PASSED AND APPROVED on the day of , 2022. Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Paulette M. Guajardo, Mayor Page 4 of 4 Bridge AFA Page 4 of 4 Attachment D Bridge Division \ A`Qa EEL � IA ApR RD ¢ RAMFIELD RD K K Q OSO BAY RAN RD Q - Q_ w tt Q O N ?PCO �O y w w m Q w ARMAN ST Oe.O�/ 0 O a (7 SYDN YST O Q p O SHADI ST O m O F O K RUFUS ST �O Y SERA ST a O U U Z YORKTOWN BID BAR TDR KILLEBREW®R LK�N, GS2R ORRALD � O p VAQUERO PRUETD BULLRIDER DU a m BROWN D H H GUN R Q 'SLAM EDE DR H YORKFOWN RD AT CAYO DEL OSO EuzoND DR 0 p 3.7 MI E OF FM 2444 OZ Z IDLE H UR D y Q SUPERMAN DR NBI: 16-178-0-B022-00-001 w aCJS: 0916-35-251 ti y HULCDR a ° �o ----------' SFIDE. RMAN DR GPS:27.64089721,-97.34441909 O ADLER DR TRISTAN DR TAR GAZER DR O Legend T7 0 Bridges CITY CC _ TXDot,County,Military •--- • PVT Date:10/13/2022 YORRTONN BRIDGE AFA ESTIMATE GSI R 0916-35-251 Red—y Featurelnten�ed Status Responsibility Type of Work Estiniated Cost EAT LONG SCHOOL E10200-La Voll fecmeek Drainage I prw--@Holly(ROrc 161780800950001 Holly Road Drainage Ditch Scheduled Off-ryrtem cuHert eMenson/remove&replace headwalls&wingwalls/ $2,524,560.00 27.7349303 -97.45074784 NO ave&replace roadway) $ 2,524,560.00 Total Estimated Project Cast 11/8/2022 a OCEAN DRIVE AT CORPUS CHRISTI BAY 3.5 MI E OF AIRLINE ROAD NBI: 16-178-0-13014-63-001 NBI: 16-178-0-13014-63-002 _••r CJS: 0916-35-231 �.•J i � -��„�..�•�•� � GPS:27.7097472049,-97.307776215 i OCEAN OR •.. .`s .r•. GG «J �•. WAVE,GREST(Ptd ST ,'• jC =t11 Legend Bridges CITY CC Tx Dot,County,Military JESTER ST LOVEBIRD ST SA PVT O OY ST �' m Date:10/13/2022 OCEAN DRIVE BRIDGE AFA ESTIMATE CSJ—16 35 231 structure# Road�y F�urelntmrseclled sta- R.pnAbillity Type of Work Estinnaed Coit LAT LONG OL BUS 16179DISE-9 DI uznnet street ra itch zed Off-zvztemSc— ,Place stone rip p,eplace—-IE concrete structure repatr $]D -97-707341 ,No A.0—E- -ch ,sed 01-1— $7,0 -97.363 51453 YES rtRd ARPT a used Off-rystem Rebind/Repl—Rip,p Emsionrepair,guaNal repair, $]O, -97.437 51459 YES Oi1cM1 ,sed Off"l— re HOnft —IEGuardal rdpair $21. - No _ Belmeade Onve a Ortcn ozed Off'Y".. ..,Hdg.rail,concrete ztmaure repair,erosion repatr $21, -97.35952256 YES mad way St Di1cM1 ,sed Off-rynemH p $21. - No _ a oitcn P,.p ozed Off'Y".. Bridge R.il _ $7,0 - YES --71DWO211DO1 S' OitcM1 ,zed Off-Yll— Palr/Replace Culvert End Pipes,Concrete stm ual RePair $14. No _ CedarnPasz Street SHchaneneOam ,sed offY".. gndeChannel,Concrete stmctual Repair,Reapir Guardal $14, - YES garkw„d Road Di1cM1 ,sed Off-sys[em uardral repair,conuete nm¢ure repair.Repair/Replace Concrete Cnprap $42. - No _ zional Or _ SHchaneneD,- ,sed ON-rynem gwalk,emsion repair $28, - YES 161]BOWD4920D1 C,ngres- Prop Repairwin 09000 2]69812245 9I 4040555] 16179DWO 515 Tu k.y Creek ,sed Off-rynem Concrete structure Repair,Reapir MBGF $14.050.00 2].8299616 -9].5688]05] YES _— Dol n,rtM1 st ra OrtcM1 ,zed Offl.. Replace bodge railz,Emzion Repatr $56, - . NO Oitcn ,sed Off-sys[em Rail.Concrete stm¢ure Repair $14. - No _ Guadalupe R Or ra OitcM1 ozed Offle. rosin ve drift $14, - . NO —7-09-02 HeeRd Oitch ,sed Off-rynem uaHrdal ezocourrPepaireplace none ripap $42. - No _ Hehnsohn Road a Oi1cM1 ,sed Off lem Replace guaNal,scourrepair,ripap repair $21, - . NO —9-959 DoleRd ,sed Off-sys[em rsidewalk conuete nm¢ure repair.repair conuete ripap $14. - YES _ Killarmet Or OitHcM1 ,zed Off-system air bridge rail,erosion repair,clean/reseal jointz $14, - YES gllarmet Or SHchaneHneOain ,sed Off-sys[em gwalls $].0 - YEs _ ngzbury Or Turkey Creek Tnb ,zed Offle. r,zan uardrail repair $7 ,0 - YES We,Guth Parkl Turkey Creek ,sed Off-rynem ion sm ur p r,add delineators $].0 - No _ Wel Gulh Park2 Turkey Creek ,zed Offle. r,zi,n r,add stonenpape $14, - NO Eg—a shores Rd Tidal Creek ,sed 01-1— Eio $7,0 - YEs _ c ain r Turkey Creek ,zed Offle. ,ncree ru ore nztall delineamrz $7,0 - YEs D, Oitch ,zed Off-sVztem a $],0 - 12'12 9 YEs _ s,Pkwy a itcM1 sed Off-rystem uadalrepair/replacHement,Emn,n repair,Place none ripap $21 - YE s P.— Oitch ,sed Off-sys[em pare/Replace Guardail.Concrete 5tm¢ure Repair $14. - No _ mon r ra Ditch ,zed Off-system uardrail,repatrz.dewalk,zc.u,repatr,concrete structure repatr $14, - YES -9-155 9DO, Phppine OrH Oitch ,sed Off-sys1— Replace conuete channel lining,Emsion repair $21. - YES _ sands Lane ra OitcM1 ,zed Off-system Rail,Concrete structure Repair $],0 - YES —7-213 3DO, Road ,sed Off1— Rebind channel ripap.conuete nm¢ure repair $14. - No _ 1Rd OitHcM1 ,zed Offle. pair/Repalce guardrail,concrete zI,ulu,e repair $],0 - No _ WMtecap Blvd an'alage Scheduled Off-sys1— - rinfiamucture IDIQ O.O.H04 Whleap Bridge Repairs $156 - No Monk Drive a Ditch ,zed Off-ry lem pao/ReSpalce guardal,erosion repair $I,0 - YES 161]BOB0218DDD1 D ircage Pmp Re 3000 2]68340]]1 9]35444934 Dol 14.050.00 Parkway OrtcM1 ozed Off-zynem air.Add Stone rtpap.Remove Onft $ -97.35DO5733 YES _ ,n BHd r., :Ditch ,zed Offle. Replace guardrail posts,erosion repatr,concretenma _ $21,% - YEs _ Yorktown Rd OitcM1 ,sed Off- 1— Replace Attenuator.Repair Ripap $98. - No _ imarr,n BHd Di1cM1 ,zed Offle. Replace damaged Turndown,Remove Drift,concrete nmau p $14, - YES _ SHchaneHneBYin ,sed Off- 1— umd,wn,erosion repair.tack repair $14. - YES _ Edinburg Ctrcle ra D:tch ,zed Offle. u e Delineation $],0 - No _ Oitch P . Off-sys1— Replace G—dail.Cieanr-E-1z,con'crte nm¢ure repair $28. - No _ C icket Hollow a Ditch ,zed Off-ry lem r,zan rsidewalk and curb,repair guardal $21, - No _ ,Ed Oitch ,sed Off-synem a r.pl.cce'P.,e ripap.tack repair.guaNal repair $28. - No _ Wald r,n Rd e Di1cM1 ,zed offle. , u ure $],0 - YES 0002001 ypy Canalage posed Offt— Guardeal Rep—,c-c,ete nm¢ure repair.pedest,—ail repair $14,050.D0 27.59945943 -9].22941234 No $ 1,090,230.00 Total Estimated Project Cort so �o o� A v µoRPORP�g4 AGENDA MEMORANDUM 1852 City Council Meeting of November 15, 2022 DATE: November 5, 2022 TO: Peter Zanoni, City Manager FROM: Jennifer Vela, Chief Government Affairs, Marketing, and Communications Officer 0velaCa)_txstateag.orq 361-653-2655 Texas State Aquarium and Wildlife Rescue Center Spotlight OUTSIDE PRESENTERJa Name Title/Position Organization 1. Jesse Gilbert President & CEO Texas State Aquarium ISSUE: The Texas State Aquarium, the Official Aquarium of the State of Texas, is far more than just an attraction in Corpus Christi; supporting our community, making an economic impact, and giving back have always been important. Its mission is to engage people with animals, inspire appreciation for our seas and support wildlife conservation. TSA, the largest Aquarium in Texas, cares for over 4,000 animals and has been named the #5 Aquarium in North America by USA Today. We look to commemorate the grand opening festivities of the Aquarium's new Center for Wildlife Rescue in March 2023. The goal is to rehabilitate and, whenever possible, return the animals to their natural environment. When guests visit the Texas State Aquarium, they don't just make memories; they help us make a difference. BACKGROUND: The Aquarium's new center for wildlife rescue will have state-of-the-art veterinary medical equipment, an interpretive center, and a multimedia theater to help share the Wildlife Rescue story. The Aquarium's goal is to increase capacity for wildlife rescue and response, facilitate learning for veterinary medical students and veterinary technologists, and foster a better understanding for the public regarding what each of us can do to help protect wildlife. Upon completion of the facility, the public will have unparalleled access to witness the treatment and rehabilitation of thousands of shorebirds, raptors (birds of prey), marine mammals, and sea turtles. The 26-thousand-square-foot wildlife rescue center, to be located on the Aquarium's main campus immediately adjacent to the Aquarium, replaces the existing facilities located on Rincon Road. This is an extraordinary milestone for this institution. LIST OF SUPPORTING DOCUMENTS: PowerPoint— (Texas State Aquarium Spotlight) 111111 TEXAS STATE ENGAGING people with animals, INSPIRING appreciation for our __as, and SUPPORTING wildlife conservation Texa s State Aq u a ri u m - Tod ay ■ Official Aquarium of Texas / .. ■ Largest aquarium in Texas ■ Voted 5t" best aquarium in the US ■ 514,000 guests in 2022 ' ' � a Aquarium's Economic Impact ■ $151 million economic impact on the Corpus Christi area in 2021 ■ Supported 1,186 area jobs with $42.9 million in salaries ■ $11.6 million in revenues for city, -- county, and other taxing districts ■ $7 million in tax revenues for state TEXAS STATE APAQUARIUM W I L D L I F E RESCUE Vision Wildlife Resiliency on the Texas Gulf Coast Mission Conserving Wildlife and Developing Science Advoca tes to Build a Resilient Texas Gulf Coast Wildlife Rescue Along the Texas Gulf Coast ■ Prepare — develop wildlife Wildlife Rescue Patients 2,000 professionals to respond to wildlife 1,800 disasters 1,600 1,400 ■ Respond — operate the most 1,200 comprehensive wildlife rescue center 1,000 in Texas 800 600 ■ Recover — build resilient wildlife 400 habitats and populations 200 0 2005 2007 2009 2011 2013 2015 2017 2019 2021 'AOAQUARIUM W I L D L I F E RESCUE Wildlife Rescue Program ■ Largest coastal center in Texas Rescue Patient Numbers 2005-2022 Intake ■ Only Texas facility permitted for marine Marine mammals 23 mammals, birds, & sea turtles Aves 5,007A-s 5, Sea turtles 3,383 ■ Have released over 3,869 animals back 8,413 into the wild A� TEXAS RIUM W I L D L I F E s Li E 10, �, A� TEXAS RIUM W I L D L I F E s Li E � a x .� w A� TEXAS RIUM W I L D L I F E s Li E A� TEXAS RIUM W I L D L I F E s Li E Port of Corpus Christi Center for Wildlife Rescue ■ Wildlife Operations Center ■ 3,000 sea turtle capacity = - ■ Wildlife CT scanner N%0 ■ Manatee Rescue Partnership �� .� -.` �Ar¢,,� . .- . ',k ��, � � . .�� .. J y imp" i < W s F,b SAVE T _ e. t}7c I'c-art cif` Carp�.�s C}�risti Center fer ildlifc R�sca�c at t1�c Texas Stat+ Aq�.�ari��tt7 r . •i w�t.