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HomeMy WebLinkAboutAgenda Packet City Council - 04/25/2023 ,5r.,f,,r Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 x x cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,April 25,2023 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Chuck Goodwin, Fish for Life Ministries. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Robert Ramsey, Senior at Richard King High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-0701 Buc Days 2023 (May 4 - May 14) Presented by President and CEO Johnny Philipello of the Bucaneer Commission 2. 23-0757 Introduction of My Team Triumph: Wings of Texas Corpus Christi Chapter presented by Michelle Jones, Board President 3. 23-0705 Harbor Bridge Parks Development Strategy City of Corpus Christi Page 1 Printed on 4/24/2023 City Council Meeting Agenda-Final-revised April 25,2023 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 4 - 10) 4. 23-0736 Approval of the April 18, 2023 Regular Meeting Minutes Sponsors: City Secretary's Office Consent-Second Reading Ordinances 5. 23-0678 Ordinance accepting $1,611,159.39 grant from the Office of the Governor from the Texas Military Preparedness Commission for the Defense Economic Adjustment Assistance Grant (DEAAG) with a cash match of$387,000; appropriating $1,611,159.39 from the Community Development Grant Fund and Texas Military Preparedness Commission Fund to provide funding for wastewater collection system line & manhole replacement in support of Naval Air Station Corpus Christi; and amending the FY 2023 Capital Budget. Sponsors: Intergovernmental Relations Consent- Contracts and Procurement 6. 23-0512 Motion authorizing execution of a three-year service agreement with Rittgers' Services, Inc. dba Greatstate Transmission, of Corpus Christi, in an amount not to exceed $392,600.00 for offsite vehicle transmission repairs, with FY 2023 funding of$54,527.78 from the Fleet Maintenance Service Fund. Sponsors: Asset Management Department and Finance & Procurement Consent- Capital Projects 7. 23-0627 Motion authorizing a construction contract to Tri Con Works, LLC of Baytown Texas, for the construction of Cefe Valenzuela Landfill Gas City of Corpus Christi Page 2 Printed on 4/24/2023 City Council Meeting Agenda-Final-revised April 25,2023 Collection System 3C in an amount not to exceed $822,376.50 and authorize a professional services contract amendment No. 1 to SCS Engineers, Houston Texas, to provide Construction Quality Assurance (CQA) services in an amount of$125,791.00 for a restated fee not to exceed amount of$154,291.00, located outside of city limits, with FY 2023 funding available from Certificate of Obligation. Sponsors: Engineering Services, Solid Waste Operations and Contracts and Procurement 8. 23-0352 Motion awarding a Master Services Agreement for Geotechnical Testing and Construction Materials Testing to Professional Service Industries, Inc., Tolunay-Wong Engineers, Inc., Terracon Consultants, Inc., and Rock Engineering and Testing Laboratory, Inc., all from Corpus Christi, Texas, in an amount up to $1,000,000.00 each, with a one-year renewal option to be administratively authorized for a total amount not to exceed $2,000,000.00 each, with projects located Citywide, and FY 2023 funding available from the Capital Program and Bond Program. Sponsors: Engineering Services and Contracts and Procurement General Consent Items 9. 23-0477 Resolution authorizing the submission of a grant application for $822,431.00 to the Motor Vehicle Crime Prevention Authority for funding for salaries, benefits, overtime, and travel for four sworn officers and three civilians in the Corpus Christi Police Department's Motor Vehicle Theft Unit, with a City cash match of$169,372 and an in-kind match of $714,806, for a total project cost of$1,706,609; designating the Chief of Police as the authorized official and the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and Director of Finance, or designee, as financial officer for this grant. Sponsors: Police Department Contest-First Reading Ordinances 10. 23-0709 Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on March 28, 2023, which amends the Downtown Living Initiative and Streetscape and Safety Improvement programs, adds eligible projects for public space, right-of-way, and streetscape development, and adds an additional incentive program named the Targeted Office to Residential Conversion Program. Sponsors: Finance &Procurement J. RECESS FOR LUNCH K. LEGISLATIVE UPDATE: City of Corpus Christi Page 3 Printed on 4/24/2023 City Council Meeting Agenda-Final-revised April 25,2023 L. PUBLIC HEARINGS: (ITEM 11) 11. 23-0606 Case No. 0323-01, Citgo Refining and Chemicals Company, LP (District U Ordinance rezoning property at or near 1802 Nueces Bay Boulevard from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval of the change of zoning from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District.) Sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 12 - 20) 12. 23-0669 Resolution amending the City's FY 2020-2025 Infrastructure Management Plan work approach to focus more on street rehabilitation addressing more neighborhood streets at a faster pace. Sponsors: Public Works/Street Department 13. 23-0639 Resolution authorizing the negotiation and execution of 13 professional services contracts for Civil Engineering Services in an amount not-to-exceed $14,938,000.00 with the ten top scoring engineering consultants for the Bond 2022 Streets projects, located Citywide, with funding available from the Streets Bond 2022 Fund. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 14. 23-0632 Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation for five (5) Highway Safety Improvements Program projects to install school zone improvements and mid-block crosswalks located in Council Districts 2 and 5, with the City's local participation in the amount of$24,206.60 of the total project value of $178,542.79 for reimbursement of direct costs with FY 2023 funding available from Street Fund. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 15. 23-0699 Ordinance authorizing the construction contract to Fulton Construction Inc., Corpus Christi, Texas, for the restoration of the Water Gardens in an amount not to exceed $7,651,481.00, with funding available from Seawall Capital Improvement Fund; appropriating $3,500,000.00 from the Seawall unreserved fund balance to the Seawall Capital Improvement Fund; and amending the FY 2023 Capital Improvement Budget. Sponsors: Engineering Services and Contracts and Procurement 16. 23-0603 Motion awarding a construction contract to CSA Construction, Inc., for O.N. Stevens Water Treatment Plant (ONSWTP) Clearwell No. 3 project, in an amount of$36,454,000.00 for construction of a new City of Corpus Christi Page 4 Printed on 4/24/2023 City Council Meeting Agenda-Final-revised April 25,2023 10-Million Gallon Clearwell No. 3, located in Council District 1, with funding available from the Water CIP Fund. Sponsors: Engineering Services, Corpus Christi Water and Contracts and Procurement 17. 23-0290 Motion awarding a construction contract to Gourley Contractors, LLC., Corpus Christi, TX, for the Council Chambers Modernization project to provide better accommodations for the public, located in Council District 1, in an amount of$918,481.00, with FY 2023 funding available from the Certificates of Obligation fund and Public Education Grant fund. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement 18. 23-0518 Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2023 - May 4, 2024) in exchange for an annual premium not to exceed $4,540,615.35. Sponsors: Legal Department 19. 23-0706 Motion authorizing a professional services agreement with McCall, Parkhurst & Horton L.L.P., in an amount not to exceed $100,000, for legal services in connection with the repurposing of the Type A sale tax for a convention center project. Sponsors: Finance &Procurement 20. 23-0564 Resolution authorizing the acquisition of 38 vehicles and equipment of which 31 are replacements and seven are additions, by various departments; 31 units will be outright purchases and seven units will be lease purchases through JP Morgan, for a total of$4,579,313.60 with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2023 funding in the amount of$2,768,914.55 and the remaining balance of$1,810,399.05 for the lease purchase items will be funded through the annual budget process. Sponsors: Asset Management Department and Finance & Procurement N. BRIEFINGS: (ITEM 21) 21. 23-0663 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (First Calendar Quarter of 2023) Sponsors: Corpus Christi Regional Economic Development Corporation O. EXECUTIVE SESSION: (ITEMS 22 -24) 22. 23-0733 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 Interim City Auditor and Texas Government Code § 551.074 (personnel matters) to deliberate the evaluation of the former Interim City Auditor succeeded City of Corpus Christi Page 5 Printed on 4/24/2023 City Council Meeting Agenda-Final-revised April 25,2023 by the current City Auditor. 23. 23-0735 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 development and/or purchase, exchange, lease or value of real property in the general area of Mary Street, Morris Street, 19th Street, and/or 20th Street, and areas in the vicinity thereof and Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease or value of the aforementioned areas of said real property. 24. 23-0760 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 legislation pending or contemplated in the 88th Texas Legislature. P. ADJOURNMENT City of Corpus Christi Page 6 Printed on 4/24/2023 Harbor Bridge Development Strategy CM Report April 25, 2023 Background • December 2015—City entered into a four- arty agreement to implement the mitigation requirements of TxDOT and the Federal Highway Administration (FHWA) in the Hillcrest Area: • Port of Corpus Christi Authority • Texas Department of Transportation (TxDOT) • Corpus Christi Housing Authority • Project remained on hold for several years due to the Harbor Bridge Buyout program occurring in the Area • September 2021—Professional Services Agreement awarded to HaPAssociates to design plans for: • Washington Coles Elementary School site • TC Ayers Park • Ben Garza Park • Dr. HJ Williams Park Area Map • No�rth'Beach Tr "eaa$258kproject award for preliminary *. '44, design • Project Scope- • Establish appropriate Level of Servicef � • Create Park Program development plan • Identify necessary hike and bike trail connections y 'k- 1(r.Scope was amended to include a � � pia North Beach Trailhead N", '" z, ,-.Washington Park .. • Total Design Proposal: $14.3 t , TC Ayers :,:..,. million �. Park • Total budget- $5.9 million `" 3� ag9� ��. Ben 1 71 Garza <Park - 3 r Proposed Connectivity I :•i v % Dr.H.J. To North Beach ; Trailhead z t x WilliarYlS Utilize Existing ((( Sidewalk or S.U.P a2 y5 mi Park :(Requires Property Acquisition Port 10 Park) y, y �/,; <-Washington}` R 0.2 mi 1i 0.25 mi i Creative r 0.2 mi � r Crosswalk l Utilize Existing Proprk osed s dS.U.P. s a `"TC Ayers s .li .d, a Park L-z,. [—(F—l" ter- 7 LEGEND " fit-. Ben Park Area tw. � Csarza Proposed S.U.P. _ n "°1P_ark Tx DOT S.U.P. 0 Wayfinding Locations Creative Crosswalk CONNECTIVITY MAP ;;; HALFF LL Restroom 2 Pedestrian Esplanade Covered Open-Air Pavilion Food Trudc Court Vendor Space— _ �� l �l \'' __Paddng_(190) o /Paved Am Semi Area (Capaoity�*2,500) Shade Sails '.• BIMINI 1 Am It eater. ry z I Drop-Off Area i 14 µ Liii S� r.. z" { t Trailhead o Restroom Y Mator Traihead Plaza / _ Entrance on the Parallel Parking k Harbor Bridge Multimodal Path 6ctra Food Truck Parking WASHINGTON COLES PARK ;;; HALFF" 5 i F WAS'IflNdfiJN C01,E S PAR I lk AMP r r , Washinqton Coles Park ,e a Total Project Cost: $9.2 million , _�� -.�' =� • Site work & Demo - $725,800I�- • Parking Lot Improvements - $867,000 • Misc. Park Improvements - $4.8 million • Major Trailhead - $101,000 • Landscape & Irrigation - $136,675 x Soft costs - $ 2.6 million ``" �Y �u L� a Minor Trailhead o��� LATo Washington TKE STREET school T.C.Ayers Memorial Williams Major TrailheadNF -_ -___ (Bike Racks,Benches it eq Trash Receptacles& CSS Signage) FT To HJ �Williams � Loop Trail Park By Others < Event Lawn Overhead Lighting 4 Pedestrian Crossing p . Brick Viewing Area(8,000 sf) Parking Lot ` .. Stage Area By Ot ers g Restroom LU w ---- Grass-Pave Overflow Parking Area 0 (±150 Spaces) w Y 0 U 7-74 T.C . AYERS PARK ;;; HALFF f r i V II Imo' �I ♦ Amlmw .. t�'t�tsstt�st�i�t1« rt }�xr� TIC Avers ------- Park alai •i VW ii I i ei Total Project Cost: $1.6 million • Site work & Demo - $15,000 • Misc. Park Amenities - $916,500 • Minor Trailhead - $66,500 : kAlk • Landscape & Irrigation - $181,750• "L - II Soft costs - $ 471,900 Major Trailhead n (Benches,Trash Receptacle &Signage) m Proposed Picnic Tables on Concrete Pad(Typ.) m Sidewalks(Typ.) Lawn Panel m Park Entry Plaza ' Proposed Parking(42) Enhanced Building Walkway Existing HOWARD STREET Parking . I i Minor I railhead PRO 2-5 Playground --- � 5-12 Playground� � m Loop Trail m Z U) m '; Existing Tree to Remain(Typ.) m s Existing Existing To Abandoned Gymnasium Basketball RR ROW Pavilion II I o BEN GARZA PARK III HALFF MEN SCALE 1"-0(Y NORTH !' �"� .. __ _ _ �_ { �� _� �,,,_ � ,. .. ... 1! � r��� � � �,:� ��t , *i ygl `' °'.�y ����x���I ;a � �: !Q� �_. w. �. _ ., ,: u +��, y I f�1 .. st �ti� �< � r� + _ .,: i w ISI �� �'..4 +fir.. r� i .i..� v.� ♦ 36 ��: h �+�� � � ��� k^r �,., �w +l r ` J .; .Re tlW � � ►4� +� � t,1 k- ,,,. ', �' �1' �� � -. �� +r � �.� .. �� ;� � � � a� � „ �"�.� �� a �,,. � '�'�`a ,, n �. ��... w„a.E a x F w a 1 Ben Garza Park P 41 Total • Cost: millionParking Lot Improvements - $1237000 � bite 1 y fir} r • �inMisc. Park Amenities - � v. r07 '� $ .SJw' •.� tl '� L,?}A�� F • rn 7000 Landscape i Irrigation - $1447700 Soft costs - $ 5957000 PEABODY AVENUE M Resurface Existing Parking Lot ; N Resurface Existing Basketball Court Proposed Playground Proposed Sidei (typ � r si 3(RD I 1 Proposed Restroom- Structure . &E.isting Utilitiestructure to Remain a Proposed Trellis/ \\ Structure j y , —► r KENNEDY AVENUEE4P- - �V Proposed Ornament, (typ.) ExistingTrees to Proposed Shade � Remain(typ.) Trees(typ.) Proposed Picnic Table on Proposed Exercise Station Concrete Pad w/BBQ Grill(typ.) on Conc.Pad(typ.l i Q DR . H .J . WILLIAMS PARK NO HALFF MEN SCnIE =66 NORTH Dr. H . J Williams Park • Total Project Cost: $1 .4 million • Site work & Demo - $20,300 • Parking Lot Improvements - $8,250 • Misc. Park Amenities - $864,600 - ii#: i7� r `Uu7 "A}Yi}kldi(.�r�Ytk��`�lSi@h • Major Trailhead - $20,200 • Landscape & Irrigation - $77,711 • Soft costs - $ 396,500 s- a 15 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,April 18,2023 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:40 a.m. B. Invocation to be given by Deacon Richard Longoria, Saint Helena of the True Cross of Jesus. Deacon Richard Longoria, Saint Helena of the True Cross of Jesus, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Victoria Gonzales, Senior at W.B. Ray High School. Victoria Gonzales, Senior at W.B. Ray High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-0658 RV Park at North Beach Assistant City Manager Neiman Young provided an update on the Puerto Del Sol RV Park at North Beach. The City entered into a 30-year lease with Blue Marlin Holdings, LLC. Lease provisions required Blue Marlin to make improvements to the park totaling $1.5 million. Improvements consisted of an additional four feet of elevation, new drainage and electrical, and new concrete for 53 RV spots with added parking. The park will be available to reserve year-round. City of Corpus Christi Page 1 Printed on 412112023 City Council Meeting Minutes April 18,2023 A Council Member expressed his contentment about the completion of this project. 2. 23-0689 2023 Junior Olympic Boxing Tournament at the American Bank Center (Friday, April 21 - Sunday, April 23) City Manager Peter Zanoni announced the 2023 Junior Olympic Boxing Tournament to be held April 21-April 23 at the American Bank Center. The winners of this event will advance to the national tournament. The coaches and staff offer free coaching to youth. This event is sponsored by the South Texas Amateur Boxing Association. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Stephen Klepper, 317 Sunset Ave., spoke about storm water fee observations and the lack of transparency regarding water rates. Carrie Meyer, 4401 Gulfbreeze Blvd. and Ron Graban, 202 Surfside Blvd., spoke in support of Item 9 regarding the Linear Canal on North Beach. Shawn Flanagan, 4218 Herndon St., spoke in opposition to an environmental and sustainability department. David Owen, 401 N. Chaparral St., spoke about the goal of ending homelessness in Corpus Christi by collaborating on a unified community plan and providing affordable housing. Maggie Peacock, 7037 Islander Way, spoke in support of an environmental and sustainability department. Adam Rios, 7301 Tangled Ridge Court, spoke about the updated lighting at Cole Park, in addition to the Salinas Park project costing less than $50,000. Rachel Caballero, 522 Hancock Ave., spoke in opposition to desalination and requested that the community be allowed to vote on any desalination plant. Kimberly McIntosh, 422 Palmero St., spoke about her concern regarding the interim wastewater rate. Rafaela Sanchez, 549 Greenway Dr., spoke about a water leak at her property that was not addressed in a timely manner. John Weber, 609 Naples St., reminded the Council about the city's mission and spoke in opposition to a desalination plant. Dorothy Pena, 2114 Meadowpass Dr., spoke about Hillcrest community's concern regarding a desalination plant, along with a funding study. City of Corpus Christi Page 2 Printed on 412112023 City Council Meeting Minutes April 18,2023 Shirin Delsooz, 6030 Tapestry Dr., spoke about the need for protected bike paths in our city. The following citizen submitted a written public comment which is attached to the minutes: Naomi Linzer, 422 Stages Dr. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 3 - 7) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members pulled Item 6 for individual consideration. Council Member Hernandez moved to approve the consent agenda with the exception of Item 6, seconded by Council Member Roy. The motion carried by the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Pusley Abstained: 0 3. 23-0675 Approval of the April 11, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 4. 23-0492 Ordinance authorizing the acceptance of two grants totaling $97,753.00 from the Texas Office of the Governor-Homeland Security Grant Division's Homeland Security Grant Program for terrorism prevention equipment for the Corpus Christi Police Department's Special Weapons and Tactics for $19,355.00, and Bomb Squad for$78,398.00; and appropriating $97,753.00 in the FY 2023 Fire Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033022 5. 23-0458 Ordinance authorizing the acceptance of funding in the amount of$733.36 from the State of Texas - Law Enforcement Officer Standards and Education Account for the Corpus Christi Fire Department for training and equipment for four arson City of Corpus Christi Page 3 Printed on 412112023 City Council Meeting Minutes April 18,2023 investigators; appropriating funds in the amount of$733.36 to the Fire Grants Fund; and amending the operating budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033023 6. 23-0460 Case No. 0123-02 David and Nicole Gerlach (District 4): Ordinance rezoning property at or near 581 Yorktown Boulevard from the "RS-6" Single-Family 6 District and "RMH" Manufactured Home District to the "RE" Residential Estate District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) Mayor Guajardo referred to Item 6. There were no comments from the Council. Council Member Hernandez moved to approve the ordinance, seconded by Council Member Hunter. 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 Pusley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 1 - Council Member Suckley Enactment No: 033024 Consent-First Reading Ordinances 7. 23-0700 Ordinance amending Chapter 121/2of the Corpus Christi Code to add experience requirement for Audit Committee, allow for an ex-officio member of the audit committee, clarify access to records, modify audit follow up timeline, and modify composition of ad hoc committee for city auditor vacancy review. This Ordinance was passed on first reading on the consent agenda. J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:06 p.m. Executive Session Item 13 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:07 p.m. K. BRIEFINGS: (ITEM 8) 8. 23-0680 Presentation by City Manager Peter Zanoni and Port of Corpus Christi Chief Executive Officer Sean Strawbridge to report progress to date on how the Port of Corpus Christi collaborating with the City of Corpus Christi can assist in the City of Corpus Christi Page 4 Printed on 412112023 City Council Meeting Minutes April 18,2023 City advancing Seawater Desalination. City Manager Peter Zanoni and Port of Corpus Christi Chief Executive Officer Sean Strawbridge presented information on the following topics: framework; collaboration update; collaborative actions; executive summary; permitting and regulatory assessment; permit materials and status; cost analysis; and next steps. Council Members, City Manager Zanoni and Chief Executive Officer Strawbridge discussed the following topics: a Council Member spoke in favor of having the community vote on a desalination plant; once permits are issued, a desalination plant could be complete in about 36 to 40 months; the Evangeline Groundwater System would take approximately two to five years to complete; a Council Member's concern about discharge into the bay, as well as the salinity level in a small body of water; all reports were overseen by third-party experts; the City and the Port have provided information to the public to promote transparency like town halls and websites; the significance of engaging the community about industrial water reuse; a Council Member's disappointment that this presentation focused strictly on the Harbor Island site; assertion that more water is needed for industry, especially for clean energy initiatives; the Port is looking at all alternative options of water, including Inner Harbor, Evangeline Groundwater Project and Barney Davis sites; ensure that Evangeline Groundwater Project is being considered equally; the importance that the Port and the City collaborate to provide the best water source that will benefit the community; MR Pipeline is producing at 50 percent; and future presentations are planned to discuss other collaborative efforts and to estimate costs for ratepayer. L. LEGISLATIVE UPDATE: Senior Intergovernmental Relations Coordinator Wendy Herman presented information on the following topics: Bills to Watch-Port Bill; Beach Bill; Annexation Bill; Preemption Bill; and 40 more days. Council Members and Senior Intergovernmental Relations Coordinator Herman discussed the following topics: that House Bill 3859 regarding public access to beaches is limited to Galveston; and in response to a Council Member's concern regarding prohibiting taxpayer-funded lobbying, this bill will prohibit a City from hiring a lobbyist, but so far this bill has not been heard in the Senate. M. PUBLIC HEARINGS: (NONE) N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 9 - 11) 9. 23-0289 Motion authorizing a professional services contract with Lockwood, Andrews & Newman, Inc. in an amount not to exceed $720,760.00 to provide design, bid, and construction phase services for Phase 1 of a linear park canal and drainage improvements from the North Beach Eco Park to Surfside Park located in Council District 1, with FY 2023 funding available from the American Rescue City of Corpus Christi Page 5 Printed on 412112023 City Council Meeting Minutes April 18,2023 Plan Grant Funds. Mayor Guajardo referred to Item 9. Director of Engineering Services Jeff Edmonds stated that this item is for the design, permitting, bid documents and construction phase services for the Linear Park Canal to relieve ongoing drainage issues on North Beach. Council Members, City Manager Peter Zanoni, Director Edmonds, and Assistant City Manager Neiman Young discussed the following topics: a Council Member's desire to develop bridges instead of only culverts; the importance that transportation be included in the design to be eligible for Hotel Occupancy Taxes; a Council Member's request for staff to include maps in the agenda that portray the design of the project; the $720,000 is only for Phase 1 of the Linear Park Canal; this design phase will be complete towards the end of the year; and a Council Member's concern that$23,000 is pricey for public meetings. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Roy moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-057 10. 23-0456 Motion awarding a construction contract to JE Construction Services LLC., Corpus Christi, Texas, for reconstruction of Carroll Lane from Holly Road to Dead End with new asphalt pavement and Utilities improvements in an amount of$5,499,682.00, located in Council District 3 with FY 2023 funding available from the Street Bond 2020, Storm Water, Water and Wastewater Funds. Mayor Guajardo referred to Item 10. Council Members and Director of Engineering Services Jeff Edmonds discussed the following topics: a request that projects be released for bid for construction once approved by a bond; a desire to include trees in the plan; a Council Member is in support of the bicycle lanes, along with the 13 month time frame to complete this project; a Council Member's concern about the bidding costs from different engineers; and consider installing lighting for the multi-use trail. Council Member Barrera moved to approve the motion, seconded by Council Member City of Corpus Christi Page 6 Printed on 412112023 City Council Meeting Minutes April 18,2023 Pusley. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-058 11. 23-0678 Ordinance accepting $1,611,159.39 grant from the Office of the Governor from the Texas Military Preparedness Commission for the Defense Economic Adjustment Assistance Grant (DEAAG)with a cash match of$387,000; appropriating $1,611,159.39 from the Community Development Grant Fund and Texas Military Preparedness Commission Fund to provide funding for wastewater collection system line & manhole replacement in support of Naval Air Station Corpus Christi; and amending the FY 2023 Capital Budget. Mayor Guajardo referred to Item 11. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 O. EXECUTIVE SESSION: (ITEMS 12 - 13) Mayor Guajardo referred to Executive Session Item 13. The Council went into Executive Session at 2:06 p.m. The Council returned from Executive Session at 3:07 p.m. 12. 23-0703 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 Interim City Auditor and Texas Government Code § 551.074 (personnel matters) to deliberate the evaluation of the former Interim City Auditor succeeded by the current City Auditor. This E-Session Item was withdrawn. 13. 23-0712 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with City of Corpus Christi Page 7 Printed on 412112023 City Council Meeting Minutes April 18,2023 attorneys concerning legal issues related to legislation pending or contemplated in the 88th Texas Legislature and potential changes to the City's Legislative Agenda, including, but not limited to, legislation related to navigation districts, The Port of Corpus Christi Authority of Nueces County, and/or Port Corpus Christi, and potential action related to all or part of the aforementioned subjects. This E-Session Item was discussed in executive session. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 3:41 p.m City of Corpus Christi Page 8 Printed on 412112023 Norma Duran From: Jotform <noreply@jotform.com> Sent: Monday, April 17, 2023 8:57 AM To: CitySecretary; Norma Duran Subject: Public Input: 04-18-2023 - Linzer Naomi [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] FA-Public Comment & Input Form Date of Meeting 04-18-2023 Name Linzer Naomi Address Street Address: 422 STAGES DRIVE City: CORPUS CHRISTI State/ Province:TX Postal /Zip Code: 78412 Topic Harbor bridge lights Agenda Item Number General Agenda Describe Feedback: Is there a line item for maintaining the HARBOR BRIDGE LIGHTS? 1 ,mus c o t AGENDA MEMORANDUM First Reading for Ordinance for the City Council Meeting of April 18, 2023 1852 Second Reading for Ordinance for the City Council Meeting of April 25, 2023 DATE: April 11, 2023 TO: Peter Zanoni, City Manager FROM: Wendy Herman, Sr Intergovernmental Relations Coordinator wendyh1(a)cctexas.com 361.826.3179 Acceptance of 2023 Texas Defense Economic Adjustment Assistance Grant Program in an amount of$1,611,159 for DEAAG — NASCC Wastewater & Manholes CAPTION: An ordinance accepting a $1,611,159.39 grant from the Office of the Governor from the Texas Military Preparedness Commission for the Defense Economic Adjustment Assistance Grant (DEAAG) with a cash match of$387,000 appropriating $1,611,159.39 from the Community Development Grant Fund to provide funding for wastewater collection system line and manhole replacement in support of Naval Air Station Corpus Christi; and amending the FY2023 Capital Budget. SUMMARY: To receive the Defense Economic Adjustment Assistance Grant (DEAAG) program funds, the State of Texas requires award recipients to sign Grant Agreements identifying the recipient's responsibilities and the State's responsibilities. An appropriation of$387,000 will be made from 3543-Texas Military Preparedness Commission (TMPC CO) to fund the City's match for the project. Reimbursement grant funds will be deposited into the 1072-Community Development Grant Fund for the NASCC Wastewater System & Manhole Replacement Project. The City FY 2022-2023 Capital Budget will be amended to increase expenditures by $1,998,159.00 BACKGROUND AND FINDINGS: On November 13, 2022, the City of Corpus Christi was awarded a grant from the State of Texas totaling $1,611,159 to replace the failing and deteriorating wastewater system and manholes at NASCC. The Texas Legislature appropriated $30 million in this biennium to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that a past or future Base Realignment and Closure action have impacted. The project proposes to replace approximately 4,948 linear feet (LF) of severely deteriorating Page 1 of 2 vitrified clay pipe (VCP) wastewater collection lines with new modern poly/composite material wastewater collection lines at Naval Air Station Corpus Christi (NASCC). NASCC also prioritized replacing approximately 19 broken and deteriorating wastewater collection manholes and adding two additional manholes (total of 21) with elevated access to address inflow into the sanitary sewer system during rain events to become compliant with the Department of Defense's Unified Facilities Criteria for Wastewater Collection and Treatment. PROJECT COST DOLLARS PERCENTAGE LEVERAGE DEAAG $ 1,611,159 40.30% Federal $ 2,000,000 50% CITY OF CORPUS CHRISTI $ 387,000 9.7% ALTERNATIVES: The council may choose not to approve the grant agreements, and the TMPC will reallocate the funds to other defense communities in Texas. DEPARTMENTAL CLEARANCES: Budget, City Manager, Engineering, Finance, Legal FISCAL IMPACT: Accepting the grant will provide $1,611,159 to complete NASCC Wastewater System & Manhole Replacement Project. The City of Corpus Christi will provide a match of $387,000, covering engineering services and grant administration for the project. Funding Detail: Fund: 3543 TMPC CO Fund Department: Intergovernmental Relations (19) Project: DEAAG — NASCC Wastewater & Manholes (Project No. 23085) Activity: 23085 Amount: $387,000 Fund: 1072 Community Development Grant Fund Activity: 870110S Department: Intergovernmental Relations (19) Amount: $1,611,159 RECOMMENDATION: Staff recommends approval of the grant agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter for DEAAG — NASCC Wastewater & Manhole Project DEAAG - NASCC Wastewater & Manhole Project Grant Agreement Page 2 of 2 Ordinance accepting $1,611,159.39 grant from the Office of the Governor from the Texas Military Preparedness Commission for the Defense Economic Adjustment Assistance Grant (DEAAG) with a cash match of $387,000.00; appropriating $1,611,159.39 from the Community Development Grant Fund to provide funding for wastewater collection system line & manhole replacement in support of Naval Air Station Corpus Christi; and amending the FY2023 Capital Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant totaling $1,611,159.39 from the State of Texas Office of the Governor from the Defense Economic Adjustment Assistance Grant (DEAAG) with a cash match of $387,000, to provide funding for wastewater collection system line & manhole replacement in support of Naval Air Station Corpus Christi. SECTION 2. Funds in the amount of $1,611,159.39 from the Community Development Grant Fund No. 1072 are appropriated for wastewater collection system line & manhole replacement in support of Naval Air Station Corpus Christi. SECTION 3. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. SECTION 4. The Corpus Christi FY2022-2023 Capital Budget adopted by Ordinance No. 032856 is amended to add the Naval Air Station Corpus Christi wastewater collection system line & manhole replacement project and to increase expenditures by $1,998,159.00. SECTION 5. A copy of the executed grant shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 ASL Off' GOVERNOR GREG ABBOTT November 15, 2022 Ms. Tammy Embrey City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Dear Ms. Embrey I am pleased to announce that the Texas Military Preparedness Commission in my office voted to award the City of Corpus Christi a Defense Economic Adjustment Assistance Grant in the amount of$1,611,159.00 for a wastewater collection system line & manhole replacement in support of Naval Air Station Corpus Christi. The State of Texas places a high value on military installations and the defense communities that support them. The 15 military installations in Texas, along with Army Futures Command, have an impact of over $114 billion on the Texas economy. We look forward to watching this project develop and we will continue to support the U.S. Navy as an instrumental part of the military community in Texas. Please reply to this correspondence with a letter, sent to Keith Graf, Executive Director of the TMPC, informing my office whether the City of Corpus Christi accepts or rejects the grant award. If the City of Corpus Christi accepts the grant award, TMPC staff will work with your designated point of contact to bogin processing ''che grant award and executing an agreement detailing the grant's required terms and conditions. Thank you for supporting your local military installation. Sincerely, Greg Abbott Governor GA:kgd POST OFFICE Box 12428 AUSTIN,TEXAS 78711512-463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI DEAAG NO. 2022-02-10 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission ("OOG" or "Grantor"), and the City of Corpus Christi ("Grantee"). The OOG and Grantee are referred to collectively as the "parties." The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Chapter 436 of the Texas Government Code, which authorizes the OOG to administer the Defense Economic Adjustment Assistance Grant ("DEAAG") program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. The term of this Agreement commences on the date of last signature below("Effective Date") and terminates upon the completion of the Grant Project as described herein, or at 5:00 P.M. on the last business day before the second anniversary of the Effective Date, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3.PROJECT REQUIREMENTS. Consistent with Sections 436.202 and 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable,to purchase or lease equipment to train certain defense workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual, reasonable, and allowable costs that are directly allocable to the project described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative) of this Agreement, and Grantee's DEAAG Grant Application (collectively, the "Grant Proj ect"). Page 1 of 32 SECTION 4. OBLIGATIONS OF THE OOG. 4.1. The OOG shall reimburse Grantee for the actual, reasonable, and allowable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth in this Agreement. The OOG shall reimburse Grantee only for costs that are directly allocable to the Grant Project as determined by the OOG,in its sole discretion, in accordance with Chapter 436 of the Texas Government Code, the DEAAG Administrative Rules (Title 1, Part 1, Chapter 4, Subchapter B, Texas Administrative Code), this Agreement, and the Grant Budget, and in conformity with the Texas Grant Management Standards ("TxGMS"). 4.2. The OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5.MAXIMUM AMOUNT OF GRANT.Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by the OOG under the terms of this Agreement shall not exceed ONE MILLION SIX HUNDRED ELEVEN THOUSAND ONE HUNDRED FIFTY NINE DOLLARS AND NO CENTS ($1,611,159.00). The parties stipulate and agree that any act, action or representation by either parry,their agents or employees that purport to increase the liability of the OOG is voidable by the OOG, unless this Agreement is amended to increase the liability of the OOG. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. 6.1. Grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Grant Project. Grant funds may not be used for the payment of taxes, overhead, debt repayment, indirect expenses, or administrative expenses. 6.2. All grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. Only costs that have been incurred and paid by Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee or sub-grantee. 6.3. In no case shall the payments made to a Grantee exceed the actual, reasonable, and allowable costs that are directly allocable to the Grant Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. 6.4. Pre-term costs incurred prior to the Effective Date of the Agreement are allowable only with the written approval of the OOG and only to the extent to which they would have been allowable if they had been incurred during the term of this Agreement. 6.5. The OOG will not pay any costs not allowed under Chapter 436 of the Texas Government Code, the DEAAG Administrative Rules (Title 1, Part 1, Chapter 4, Subchapter B, Texas Administrative Code), this Agreement, the Grant Budget, and other applicable law. Page 2 of 32 6.6. Grantee agrees to comply with all applicable state and federal laws, rules and regulations, directives, guidelines, or any other authorities relevant to the performance of Grantee under this Agreement as they currently exist and as amended throughout the term of this Agreement. Grantee agrees to comply with applicable laws, executive orders, regulations, and policies, as well as Chapter 783 of the Texas Government Code and the TxGMS or the successor to the TxGMS. The OOG reserves the right, in its sole discretion,to unilaterally amend this Agreement throughout the term of this Agreement to incorporate any modifications necessary for the OOG's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements, and guidelines. 6.7. Grantee agrees to comply with the Uniform State Grant Assurances as set forth in Exhibit C. SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. All of the following conditions precedent must be met to the satisfaction of the OOG prior to any reimbursement payments: 7.1. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Grant Project costs described in the Grant Budget. 7.2. Before the OOG will make a reimbursement payment, Grantee must submit, and the OOG must approve, a reimbursement request as set forth in Section 8 of this Agreement. 7.3. The OOG will not consider requests for the reimbursement of expenditures Grantee incurs after the Term of Agreement has expired or terminated, as set forth in Section 2. The total amount already disbursed plus the amount requested shall not exceed the Maximum Amount of Grant set forth in Section 5 of this Agreement. 7.4. Grantee must be in compliance with all terms of this Agreement. 7.5. Grantee must have supplied to the OOG all reports, documentation, or other items that the OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. 8.1. Requests for Reimbursement. Grantee's reimbursement requests shall be submitted to the OOG in the form and manner approved by the OOG and shall specify the detailed and total expenses for the reimbursement request ("Request for Reimbursement"). All Requests for Reimbursement must be timely submitted to the OOG in accordance with the schedule and requirements set forth in Section 8.5 of this Agreement. Grantee's Requests for Reimbursement and required documentation shall be submitted directly to: tmpc@gov.texas.gov Page 3 of 32 Or by mail to: Office of the Governor Texas Military Preparedness Commission P.O. Box 12428 Austin, Texas 78711 8.2. Required Documentation.Each Request for Reimbursement Grantee submits to the OOG must include: (1) the identification of the specific OOG Agreement; (2) Grantee's federal tax identification number; (3) the name and division of the OOG contact; (4) a description of the services, costs, and/or expenses, and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the costs charged by such entity or person; (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable; and (7) documentation of proof of payment, as specified in Section 8.3. Each item of expenditure shall be specifically attributed to the eligible Grant Project cost category as identified in the Grant Budget. By submission of a Request for Reimbursement, Grantee is warranting that (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3) the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and supported by included documentation. 8.3. Documentation of Proof of Payment. Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes,but is not limited to, a receipt or other documentation of a paid invoice showing zero balance due,a monthly bank statement evidencing payment of the specific expenditure, copies of endorsed/processed check, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditures to which the reimbursement relates. 8.4. Right to Request Additional Documentation. Upon the request of the OOG, Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. 8.5. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Request for Reimbursement. Grantee must submit accurate Requests for Reimbursement and all supporting documentation to the OOG in a timely manner. Unless the OOG provides written authorization providing additional time as set forth below,Grantee must submit quarterly Requests Page 4 of 32 for Reimbursement to the OOG that cover the previous quarter's expenses on or before the twentieth day after the end of each quarter. Quarterly Reimbursement requests are due: (1) First quarter—December 20 (2) Second Quarter—March 20 (3) Third Quarter—June 20 (4) Fourth Quarter—September 20 The OOG may, in its sole discretion, provide written authorization to Grantee that provides Grantee additional time to submit a specified quarterly request for reimbursement. The amount of additional time provided to Grantee shall be specified in the OOG's written authorization. Grantee must submit a final Request for Reimbursement on or before the forty-fifth calendar day after termination of this Agreement. The OOG will make all reasonable efforts to promptly process and make payments on properly-completed Requests for Reimbursement. 8.6. Final Deadline for Reimbursement Requests.All Requests for Reimbursement must be received by the OOG no later than forty-five calendar days after termination of this Agreement. An Agreement amendment must be executed by the OOG and Grantee in order to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the Grant Project, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than ten percent of the annual budget, or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest or lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be available to the OOG at all times upon request. The equipment inventory must include the following: a description of the equipment; a serial number or other identification number;the acquisition date, cost,location,use, and condition of the equipment;and any ultimate disposition data. Title for equipment shall remain with Grantee, and Grantee shall maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the TxGMS. Page 5 of 32 SECTION It. REPORTING REQUIREMENTS. 11.1. Until Grantee has submitted a Project Completion Report to the OOG, Grantee shall submit a Quarterly Project Status Report to the OOG,using the form attached hereto as Exhibit D,no later than twenty calendar days after the end of each quarter. Quarterly reports are due: (1) First quarter—December 20 (2) Second Quarter—March 20 (3) Third Quarter—June 20 (4) Fourth Quarter— September 20 The OOG may, at its sole discretion provide written authorization to Grantee that provides Grantee a specified amount of additional time to submit a specified Quarterly Project Status report. 11.2. After Grantee has completed the Grant Project asset forth in this Agreement,but in no case more than one hundred twenty calendar days after termination of this Agreement, Grantee shall submit to the OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to the OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. 11.3. No later than sixty calendar days after the date on which Grantee submits Grantee's Project Completion Report to the OOG, Grantee shall provide to the OOG a DEAAG Project Impact Report,using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain information concerning jobs generated and retained, and individuals trained as a result of the Grant Project. For purposes of this Agreement, job creation, retention, and training rates may be evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. 11.4. Grantee shall provide to the OOG additional information regarding the status of the Grant Project at any time upon request from the OOG. 11.5. Grantee shall cooperate with the OOG and provide all requested assistance to the OOG in connection with the preparation of any reports required to be made by the OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Grant Project, or the Grant Application. 11.6. All reports provided to the OOG must be signed by the duly authorized representative of Grantee. 11.7. If after a written request by the OOG, Grantee fails to provide required reports,information, documentation, or other information as required by this Agreement, then the OOG may require corrective action or consider this act a possible default under this Agreement. Page 6 of 32 SECTION 12. CORRECTIVE ACTION. 12.1. Corrective Action. If the OOG rinds deficiencies in Grantee's performance under this Agreement, the OOG, in its sole discretion, may impose one or more of the following corrective actions: increase monitoring visits; require the submission of additional or more detailed financial or programmatic reports; require prior approval for expenditures; require additional technical or management assistance or make modifications in business practices; reduce the grant award amount; or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other requirements that the OOG determines will be in the best interest of the State of Texas. 12.2. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information without prior written authorization from the OOG may result in the OOG, in its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. The OOG shall only provide written authorization for delay upon finding that extraordinary circumstances exist that support the delay. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, in its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. 12.3. Sanctions.In addition to a financial hold,the OOG,in its sole discretion,may impose other sanctions including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Agreement, or any other appropriate sanction. 12.4. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement.If the OOG determines Grantee has possibly defaulted on this Agreement, the OOG shall, within ten business days after making that determination, give written notice of possible default to Grantee that also sets out the circumstances that support the OOG's determination. 12.5. Opportunity to Cure. Unless the OOG provides written authorization providing additional time as set forth below, Grantee must cure the possible default and provide the OOG with sufficient information that supports a finding of cure by the OOG within thirty calendar days after the OOG gives Grantee notice under Section 12.4 of this Agreement. The OOG may, in its sole discretion and upon a finding by the OOG that extraordinary circumstances support the additional time,provide written authorization to Grantee that provides Grantee a specified amount of additional time cure the possible default and provide required information to the OOG. 12.6. Cure. If the OOG determines, in its sole discretion, that Grantee has cured the possible default event, the OOG shall give written notice to Grantee within ten business days after making that determination. The OOG shall be guided by good faith and reasonableness in determining whether Grantee has cured the possible default. Page 7 of 32 12.7. Default. If the OOG determines Grantee has not cured the possible default, Grantee shall be in default hereunder, and the OOG shall give written notice to Grantee informing Grantee of such default within ten business days after the OOG reaches its determination. Any default may result in termination of this Agreement in accordance with Section 16 of this Agreement. 12.8. No Waiver. Notwithstanding the imposition of corrective actions, financial hold, or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective actions, financial hold, or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13.NOTICES.Any notice required or permitted to be given under this Agreement by either parry shall be in writing and shall be deemed to have been given immediately if sent to the e-mail address specified in this section. Any notice required or permitted to be given under this Agreement may be given by regular first class mail and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving parry at the address specified in this section: To Grantor: To Grantee: Office of the Governor Peter Zanoni Texas Military Preparedness Commission City of Corpus Christi P.O. Box 12428 P.O. Box 9277 Austin, Texas 78711 Corpus Christi, Texas 78469 tmpc@gov.texas.gov tammye@cctexas.com SECTION 14. GRANTEE CERTIFICATIONS. By agreeing to and signing this Agreement, Grantee represents that Grantee has obtained all necessary authority to enter into this Agreement and hereby makes the following certifications, representations, and warranties: 14.1. Child Support Obligation. Under Section 231.006(d) of the Texas Family Code, regarding child support, Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified payment and acknowledges that this Agreement may be terminated, and payment may be withheld if this certification is inaccurate. 14.2. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code, Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified agreement and acknowledges that this Agreement may be terminated, and payment withheld if this certification is inaccurate. 14.3. Gift to Public Servant. Grantee warrants that Grantee has not given, nor does Grantee intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the award of this Agreement. 14.4. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the Page 8 of 32 following sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees who participated in the procurement of services); and Section 2252.901 (Contracts with Former or Retired Agency Employees). 14.5. Conflicts of Interest. Grantee certifies that neither Grantee nor the personnel or entities employed in rendering services under this Agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee's obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. 14.6. Corporate Franchise Tax. Grantee certifies that, if applicable, Grantee's Texas franchise tax payments are current, or that Grantee is exempt from, or not subject to, such tax. 14.7. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. 14.8. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. 14.9. Compliance with Licensing, Permitting, and Regulatory Bodies. Grantee certifies that Grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to perform Grantee's obligations under this Agreement, without costs to the OOG. Grantee shall comply with any applicable federal, state, county, local and municipal laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with Grantee's obligations under this Agreement. Grantee shall comply with all applicable federal health and safety standards, including but not limited to, OSHA, and all Texas health and safety standards. Grantee certifies that Grantee is currently is in good standing with all licensing, permitting, or regulatory bodies that regulate any or all aspects of Grantee's business or operations. Grantee agrees to comply and remain compliant with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. 14.10. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Grantee certifies that Grantee and Grantee's principals are not listed on the federal government's terrorism watch list as described in Executive Order 13224 and will remain compliant with this certification during the term of this Agreement. Grantee certifies that Grantee and Grantee's principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 14.11. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants that Grantee has not been the subject of allegations of Deceptive Trade Practices violations under Page 9 of 32 Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that Grantee has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. 14.12. False Statements. By signature to this Agreement, Grantee makes all the representations, warranties,guarantees, certifications and affirmations included in this Agreement.If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause and pursue other remedies available to the OOG under this Agreement and applicable law. 14.13. Felony Criminal Convictions. Grantee represents and warrants that Grantee and Grantee's employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances related to the conviction. 14.14. Immigration. Grantee represents and warrants that Grantee shall comply with all applicable U.S. immigration laws with respect to the employment of any individual who will perform labor or services in the U.S. under this Agreement. 14.15. U.S. Department of Homeland Security's E-Verify System. Grantee certifies and ensures that Grantee utilizes and will continue to utilize, for the term of this Agreement, the U.S. Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas Government Code,to determine the eligibility of: a. all persons employed to perform duties within Texas, during the term of the Agreement; and b. all persons, including subcontractors, employed or assigned by Grantee to perform work pursuant to the Agreement, within the United States of America. If this certification is falsely made, the Agreement may be terminated. 14.16. Certification Concerning Prior Disaster Relief Contract Violation. The OOG is prohibited from awarding a grant to any with any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24,2005.Under Sections 2155.006 and 2261.053 of the Texas Government Code, Grantee certifies that Grantee is not ineligible from entering into this Agreement and will remain compliant with this certification during the term of this Agreement. Grantee acknowledges that this Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate or false. Page 10 of 32 14.17. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise,if applicable, Grantee shall provide the Texas Department of Information Resources (DIR) with the URL to Grantee's Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). A company not listed with the"Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the"Buy Accessible Wizard" or obtaining a copy of the VPAT is located at http://www.section508._gov/. 14.18. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that Grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. 14.19. Liability for Taxes. Grantee represents and warrants that Grantee shall pay all taxes or similar amounts resulting from this Agreement, including, but not limited to, any federal, state, or local income, sales or excise taxes of Grantee or Grantee's employees. The OOG shall not be liable for any taxes resulting from this Agreement. 14.20. Israel. If Grantee is required to make a certification pursuant to Section 2271.002 of the Texas Government Code, Grantee certifies that Grantee does not boycott Israel and will not boycott Israel during the term of the Agreement. If Grantee does not make that certification, Grantee must notify the OOG and state why the certification is not required. The term "boycott Israel" as used in the paragraph has the meaning assigned by Section 808.001 of the Texas Government Code. 14.21. Iran, Sudan, or Foreign Terrorist Organization. Grantee represents that neither Grantee, nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Grantee, (i) is an entity listed by the Texas Comptroller of Public Accounts under Sections 2252.153 or 2270.0201 of the Texas Government Code; (ii) constitutes a "scrutinized company" as defined by Section 2270.0001(9) of the Texas Government Code; or (iii) has contracts with, provides supplies or services to, or is otherwise engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. The terms "foreign terrorist organization" and "designated foreign terrorist organization" have the meanings assigned to them in Sections 2252.151 and 2270.0001 of the Texas Government Code, respectively. 14.22. Entities that Boycott Energy Companies. If Grantee is required to make a certification pursuant to Section 2274.002 of the Texas Government Code (as added by Acts 2021, 87th Leg., Page 11 of 32 R.S., ch. 529, § 2), Grantee certifies that Grantee does not boycott energy companies and will not boycott energy companies during the term of the Agreement. If Grantee does not make that certification, Grantee must indicate why the certification is not required. 14.23. Entities that Discriminate Against a Firearm Entity or Firearm Trade Association.If Grantee is required to make a certification pursuant to Section 2274.002 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., ch. 530, § 1), Grantee certifies that Grantee does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the Agreement against a firearm entity or firearm trade association. If Grantee does not make that certification, Grantee must indicate why the certification is not required. 14.24. No Vaccine Passport. Grantee certifies that, pursuant to Section 161.0085 of the Texas Government Code, it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to,to gain access to, or to receive service from Grantee's business in Texas. Grantee acknowledges that such a vaccine or recovery requirement in Texas would make Grantee ineligible for a state-funded grant. 14.25. Cybersecurity Training Program.To the extent Grantee has access to any state computer system or database and is subject to the provisions of Section 2054.5192 of the Texas Government Code, the OOG will require Grantee to complete a cybersecurity training program certified under Section 2054.519 of the Texas Government Code, as selected by the OOG. The cybersecurity training program must be completed by Grantee during the term of the Agreement and during any subsequent extension period. Grantee shall verify completion of the program to the OOG in writing upon completion of the program. 14.26. Human Trafficking. Under Section 2155.0061 of the Texas Government Code, Grantee certifies that Grantee is not ineligible to receive this Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. 14.27. Critical Infrastructure. If Grantee is required to access or control the State's critical infrastructure as defined in Sections 2274.0101 and 2274.0102 of the Texas Government Code, Grantee certifies, pursuant to Section 2274.0102 of the Texas Government Code, neither it nor its parent company, nor any affiliate of Grantee or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Section 2274.0103 of the Texas Government Code, or (2) headquartered in any of those countries. SECTION 15. GENERAL TERMS AND CONDITIONS. 15.1. Independent Contractor. Grantee expressly agrees that Grantee is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of Grantee or any subcontractor of Grantee be considered an employee,agent, servant, joint venturer,joint enterpriser, or partner of the OOG,by virtue of this Agreement. Grantee agrees to take such steps as may be necessary to ensure that each contractor of Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint Page 12 of 32 venturer,joint enterpriser, or partner of the OOG. All persons furnished, used, retained, or hired by or on behalf of Grantee or any of Grantee's subcontractors shall be considered to be solely the employees or agents of Grantee or Grantee's subcontractors. Grantee or Grantee's subcontractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers' compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. The OOG is not responsible for any types of claims whatsoever due to actions or performance, taken by the owners, incorporators, officers, directors, employees, volunteers of Grantee or any third parties under this Agreement, including but not limited to, the use of automobiles or other transportation,taken by its owners,incorporators, officers, directors, employees,volunteers or any third parties. 15.2. Subcontracting.In the event that Grantee should determine it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that Grantee will be responsible to the OOG for any subcontractor's performance under this Agreement. In no event shall this section or any other provision of this Agreement be construed as relieving Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all of the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required, the following conditions will apply: (1) Grantee, in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee's expense and the OOG shall not be liable in any manner to Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG; and (3) Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to subcontractors within ten calendar days after Grantee's receipt of funds from the OOG. 15.3. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. 15.4.Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until four years from date of final payment by the OOG for the services provided under this Agreement. In addition,those records relating to any dispute,litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give the OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement for reason of default. 15.5. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the Page 13 of 32 authority to monitor, inspect, assess, and review the fiscal and contractual performance of Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract Grantee awards. 15.6. State Auditor. In addition to and without limitation on the other audit provisions of this Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office or successor agency may conduct an audit or investigation of Grantee or any other entity or person receiving funds from the State of Texas directly under this Agreement or indirectly through a subcontract under this Agreement. The acceptance of funds by Grantee or any other entity or person directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee,to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, Grantee or another entity that is the subject of an audit or investigation by the State Auditor's Office shall provide the State Auditor's Office with prompt access to any information the State Auditor's Office considers relevant to the investigation or audit. Grantee further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract Grantee awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Grantee related to this Agreement. This Agreement may be amended unilaterally by the OOG to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement Section 2262.154 of the Texas Government Code. 15.7. Texas Public Information Act. Notwithstanding any provisions of this Agreement to the contrary, Grantee acknowledges that the State of Texas, the OOG, and this Agreement are subject to the Texas Public Information Act, Texas Government Code Chapter 552 (the "PIA"), and Grantee acknowledges that the OOG will comply with the PIA. Grantee acknowledges that information created or exchanged in connection with this Agreement is subject to the PIA, and Grantee agrees that information not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by the public at no additional charge to the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Agreement that Grantee considers proprietary, financial, or trade secret information (collectively Page 14 of 32 "Confidential Information") shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Agreement. Merely making a blanket claim that all documents are protected from disclosure will not render the whole of the information confidential. Any information not clearly identified as proprietary or confidential is subject to release in accordance with the PIA. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for information covering Grantee's Confidential Information. The OOG will make a determination whether to submit a Public Information Act request to the Attorney General. Grantee agrees to maintain the confidentiality of confidential information received from the OOG or State of Texas during the performance of this Agreement, including information that discloses confidential personal information particularly, but not limited to, personally identifying information,personal financial information, and social security numbers. Grantee agrees that if any of Grantee's agents receives any third-party request for the disclosure of information relating to this Agreement, Grantee shall notify the OOG of any such request within three business days after receipt of the request. 15.8. Media Releases or Pronouncements.Grantee understands that the OOG does not endorse any vendor, commodity good, or service. Grantee, Grantee's employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or Grant Project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. 15.9. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND/OR DESIGNEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ALL RELATED COSTS, ATTORNEY'S FEES AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ANY OF GRANTEE'S AGENTS, EMPLOYEES, SUBCONTRACTORS, OR SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE SHALL COORDINATE GRANTEE'S DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. 15.10. Intellectual Property.TO THE EXTENT ALLOWED BY LAW,GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND/OR DESIGNEES FROM AND AGAINST ANY AND ALL Page 15 of 32 CLAIMS, VIOLATIONS, MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY, OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE,OR OTHER SERVICE PROVIDED HEREUNDER;AND/OR(3) THE OOG'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE OOG BY GRANTEE OR OTHERWISE TO WHICH THE OOG HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. GRANTEE AND THE OOG AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL ("OAG")WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT,AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OAG. IN ADDITION, GRANTEE WILL REIMBURSE THE OOG AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES, OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS ARISING FROM ANY SUCH CLAIM. IF THE OOG DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE, OR IF THE OOG IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE OOG WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE WILL PAY ALL REASONABLE COSTS OF THE OOG'S COUNSEL. 15.11. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY RESPONSIBLE FOR GRANTEE'S OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE OOG AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO GRANTEE, GRANTEE'S EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF THE OOG. 15.12. Tax Identification Information Required. As a prerequisite to the OOG's ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed "Application for Texas Identification Number" (available on the Comptroller of Public Accounts' website at Page 16 of 32 htt2://www.window.state.tx.us/taxinfo/taxfonns/ap-152.pdf). If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the Effective Date of this Agreement, Grantee may satisfy this requirement by providing the OOG with Grantee's current TIN, name, and address to permit the OOG to verify registration in the TIN System with the Texas Comptroller of Public Accounts. 15.13. Insurance.Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by Grantee's performing Grantee's duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. 15.14. Fraud, Waste, and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls.Any violations of law,OOG policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud,waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to the OOG's Fraud Coordinator or Ethics Advisor at (512) 463- 1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Grantee must also comply with Section 321.022 of the Texas Government Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 15.15. Information Security/Privacy. Grantee shall employ and maintain appropriate information security procedures to protect against the unauthorized acquisition, use, or disclosure of any personal information under applicable laws (including Personal Identifying Information or Sensitive Personal Information as those terms are defined in Chapter 521 of the Texas Business and Commerce Code) that it receives, compiles, or creates as a result of the Agreement to ensure compliance with any agency requirements of the OOG and any applicable international, federal, state,or local laws,regulations, and ordinances.Unless required by law to disclose,Grantee agrees to maintain the confidentiality of information received from the OOG or the State of Texas during the performance of the Agreement, including, but not limited to, Sensitive Personal Information, Personally Identifying Information, personal financial information, financial account numbers, account access information, computer passwords, social security numbers or information that is confidential by law or otherwise subject to a lawful exception from disclosure. In the event of an unauthorized acquisition, use, or disclosure of the OOG's information by Grantee, its employees, representatives, subcontractors or other agents in the performance of Grantee's duties, Grantee shall: (i) immediately notify the OOG in writing; (ii) assume and comply with any applicable remedial requirements required by law; (iii) bear all costs of such compliance and remediation; and(iv)provide the OOG with information regarding the breach and the progress of any remedial efforts if requested. The obligations of Grantee under this Section will survive the Agreement and Page 17 of 32 must be included in all subcontracts in which the subcontractor may have access to personal information. Grantee shall endorse the OOG's requirements and adhere to the State of Texas' and the OOG's Information Technology Security Standards. From time-to-time and on the request of the OOG, Grantee may be required to execute written information security or non-disclosure agreements as deemed necessary by the OOG to strictly comply with any applicable confidentiality or information security requirements or applicable laws, regulations, and protective orders. Grantee is required to assess risks, ensure data integrity, and determine the level of accessibility that must be maintained. Specific activities may include, but are not limited to identification of security, privacy, legal, and other organizational requirements for recovery of institutional resources such as data, software, hardware, configurations, and licenses at the termination of the Agreement. In addition,the OOG may periodically assess Grantee's privacy and security services provisioned to providing the goods and services under the Agreement to ensure all obligations are being met and to manage and mitigate risk. To the extent applicable, if Grantee is authorized to access, transmit, use, or store data for the OOG, Grantee must meet the security controls the OOG determines are proportionate with the OOG's risk under the Agreement based on the sensitivity of the OOG's data. Upon request, Grantee must provide to the OOG evidence that Grantee meets the security controls required under the Agreement. 15.16. Saturdays,Sundays,Holidays. If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a scheduled State of Texas or national holiday,then such action may be taken, or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday, or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.texas.gov/Holiday. 15.17. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court for the Western District of Texas, Austin Division. Venue for any OOG- initiated action, suit, or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG in its sole discretion. Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any claim that Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; or the venue is otherwise improper. Page 18 of 32 15.18. No Waiver of Sovereign Immunity. The OOG is immune from suit and from liability.No part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity, or of any of the privileges, rights, defenses, remedies, or immunities available to the OOG or the State of Texas, and their officers, employees, or agents as provided by law. SECTION 16. TERMINATION. 16.1. Convenience. The OOG may, at its sole discretion, terminate this Agreement without recourse, liability, or penalty, against the OOG, upon thirty calendar days' notice to Grantee. 16.2. Cause; Default. In the event that Grantee fails to provide the agreed upon services according to the provisions of this Agreement or fails to comply with any of the terms or conditions of this Agreement,the OOG may,upon written notice of default to Grantee,immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy but is in addition to any other rights and remedies provided in equity, by law, or under this Agreement. 16.3. Rights upon Termination or Expiration. In the event that the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual, reasonable, and allowable costs incurred up to the Effective Date of termination. Termination is not an exclusive remedy but will be in addition to any other rights and remedies as provided in equity,by law or under the Agreement. The OOG is not liable to Grantee or to Grantee's creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by the OOG. 16.4. Liability after Termination. Notwithstanding any exercise by the OOG of its right of early termination pursuant to this section, Grantee shall not be relieved of any liability to the OOG for damages due to the OOG by virtue of any breach of this Agreement by Grantee. The OOG may withhold payments to Grantee until such time as the exact amount of damages due to the OOG from Grantee is agreed upon or is otherwise determined. 16.5. Refunds of Overpayment. Grantee shall refund to the OOG any sum of money paid to Grantee by the OOG, which the OOG determines is an overpayment to Grantee, or in the event the OOG determines funds spent by Grantee were not an allowable cost of this Grant Project. No refund payments may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to the OOG within thirty calendar days after such refund is requested in writing by the OOG, or within thirty calendar days after a notice from the OOG indicating the request is the result of a final determination that the refund is owed. 16.6. Failure to Comply with Agreement. In the event Grantee fails to comply with any provision of this Agreement, Grantee may be liable for damages and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved, or any issue of non-compliance is cured to the satisfaction of the OOG. Page 19 of 32 SECTION 17. AVAILABILITY OF FUNDS. Grantee understands and agrees that funding for the grant is subject to the actual receipt by the OOG of funds appropriated to the OOG or otherwise available from federal funding sources. Grantee agrees that any funds received from the OOG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OOG for the purpose of the Agreement. Grantee agrees that notwithstanding any other provision of the Agreement, if the OOG is not appropriated the funds or if the OOG does not receive the appropriated funds, or if the funds appropriated to the OOG are required to be reallocated to fund other state programs or purposes,then the OOG may reduce the Maximum Amount of Grant or terminate the Agreement without cost or penalty. SECTION 18. MONITORING. The OOG or its designee may perform periodic on-site monitoring of Grantee's compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee's performance. After each monitoring visit, the OOG will provide Grantee with a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST. 19.1. No Conflicts of Interest. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a conflict of interest,real or apparent,would be involved. Such conflict of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Chapter 171 of the Texas Local Government Code. Grantee represents and warrants that performance under this Agreement will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Grantee represents and warrants that in the administration of the grant, it will comply with all conflict-of-interest prohibitions and disclosure requirements required by applicable law,rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the course of the Agreement, Grantee shall promptly notify the OOG. 19.2. No Inside Information. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Grant Project, shall be permitted to have or obtain a financial interest in or benefit from the Grant Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. Page 20 of 32 SECTION 20. REGULATORY AND LEGAL ACTIONS AND CLAIMS. 20.1. No Pending or Threatened Actions Impairing Performance. Grantee represents and warrants that Grantee is not aware of and has received no notice of any court or governmental agency actions,proceedings or investigations, etc., (collectively "actions"),pending or threatened against Grantee within the five calendar years immediately preceding the Effective Date of this Agreement that would or could impair Grantee's performance under this Agreement. In addition, Grantee shall notify the OOG in writing within five business days of any changes to the representations or warranties in this clause or of any actions that Grantee may become aware of and receives notice of on or after the Effective Date of this Agreement. Grantee agrees that failure to so timely update the OOG of actions shall constitute breach of this Agreement and may result in immediate termination of this Agreement. 20.2. Notice of Actions Arising Out of Performance of Agreement. Grantee shall give the OOG immediate notice in writing of any action,including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by the OOG, Grantee shall immediately furnish to the OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify the OOG of any legal action filed against Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to the OOG within thirty calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims,judgments, fines, or settlements. 20.3. Governmental Units of the State of Texas.The OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in Chapter 101 of the Texas Civil Practice and Remedies Code. 20.4. No Liability.Grantee acknowledges that the OOG,the State of Texas, and their employees and officials shall not be held liable for any claims or causes of action whatsoever which may occur in the course of performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to the OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Grant Project. Grantee shall inform the OOG in writing within ten business days after Grantee learns of the existence of such material event. SECTION 22.FORCE MAJEURE.Neither party shall be liable to the other for any delay in, or failure of performance of, any requirement included in this Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either parry and that by exercise of due foresight such parry could not Page 21 of 32 reasonably have been expected to avoid, which by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within ten business days after the existence of such force majeure, or otherwise waive this right as a defense. SECTION 23. DISPUTE RESOLUTION. 23.1. Informal Meetings. The parties' representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. The Parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OOG or Grantee. 23.2. Grantee's Continued Performance. Grantee shall not be excused from performance during any pending dispute,unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. 24.1. Alterations,Additions,Deletions. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. 24.2. Policy Directives.During the term of this Agreement,the OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from the OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In the event any one or more of the parts or provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other parts or provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable parts or provisions had never been contained herein. SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each parry and its counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting parry shall not be employed in the interpretation of this Agreement. Any vague, ambiguous, or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. Page 22 of 32 SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination, or cancellation of this Agreement, the rights and obligations pertaining to repayment of grant funds or damages, limitation of liability, indemnification, public information, reporting requirements, retention and accessibility of records, audit rights, rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. IN TESTIMONY HEREOF, Grantee and the OOG have executed this Defense Economic Adjustment Assistance Grant Agreement, effective as of the date of the last signature below. OFFICE OF THE GOVERNOR GRANTEE Chief of Staff or Designee Peter Zanoni, City Manager Date Date Page 23 of 32 AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI DEAAG NO. 2022-02-10 EXHIBIT A GRANT BUDGET $1,611,159.00 Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property Infrastructure—Professional & Consultant Services Infrastructure—New Construction Infrastructure—Rehabilitation and Renovation $1,611,159.00 Infrastructure—Capital Equipment) Infrastructure—Capital Supplies Infrastructure—Facilities Insurance Training Equipment Training Supplies Total $1,611,159.00 'Per the TxGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per-unit acquisition cost of$5,000 or more. 2 Id. s Per the TxGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 24 of 32 AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI DEAAG NO. 2022-02-10 EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS, the following narrative provided by Grantee in Grantee's August 30, 2022 grant application applies to this Agreement: The project proposes to replace approximately 4,948 linear feet (LF) of severely deteriorating vitrified clay pipe (VCP) wastewater collection lines with new modern poly/composite material wastewater collection lines at Naval Air Station Corpus Christi (NASCC).NASCC also prioritized replacing approximately 19 broken and deteriorating wastewater collection manholes and add two additional manholes (total of 21) with elevated access to address inflow into the sanitary sewer system during rain events to become compliant with the Department of Defense's Unified Facilities Criteria for Wastewater Collection and Treatment. Page 25 of 32 EXHIBIT C UNIFORM STATE GRANT ASSURANCES Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, the Texas Grant Management Standards (TxGMS); and Title 1, Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use offederal and state funds for this project.In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies.By accepting the grant award,Grantee certifies and assures that Grantee complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. Grantee will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. Grantee will ensure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code,unless otherwise expressly prohibited by law. 4. Grantee will comply with Chapter 551 of the Texas Government Code, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. Grantee will comply with Section 231.006 of the Texas Family Code,which prohibits payments to a person who is in arrears on child support payments.Further,Grantee will include the following clause in the award documents for every subcontract and must require subcontractors to certify accordingly:"Under Section 231.006 of the Texas Family Code,the vendor or applicant certifies that the individual or business entity named in this Agreement,bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.An application for a grant paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application." 6. Grantee will comply with Section 261.101 of the Texas Family Code,which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee will also ensure that all program personnel are properly trained and aware of this requirement. 7. Grantee will maintain oversight to ensure that contractors perform in accordance with the terms,conditions,and specifications of their contracts or purchase orders. s. Grantee will comply with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 9. Grantee will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations,charitable trusts,and private foundations. 10. Grantee's receipt of appropriated or other funds under the Agreement are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code,which restrict lobbying expenditures. 11. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. Page 26 of 32 12. If Grantee is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code,Grantee will be in compliance with all rules adopted by the Texas Commission on Law Enforcement ("TCOLE"), unless TCOLE certifies that Grantee is in the process of achieving compliance with such rules. 13. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to ensure that all terms,conditions,and specifications are met. 14. Grantee will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681- 1683,and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disabilities; (d) Americans With Disabilities Act of 1990,which prohibits discrimination on the basis of disabilities;(e)the Age Discrimination Act of 1974,as amended(42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;(g)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,relating to the nondiscrimination on the basis of alcohol abuse or alcoholism;(h)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968(42 U.S.C. § 3601 et seq.),as amended,relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made;and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application. 15. Grantee will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § § 276a to 276a-7), the Copeland Act(40 U.S.C.§ §276c and 18 U.S.C. § §874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § § 327-333),regarding labor standards for federally assisted construction sub-agreements. 16. Grantee will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 17. Grantee will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 18. Grantee will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 19. Grantee will ensure that the facilities under Grantee's ownership,lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that Grantee will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.(EO 11738). 20. Grantee will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 21. Grantee will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplain in accordance with EO 11988;(e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.);(f)conformity of federal actions to State (Clean Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L. 93-523);and(h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). Page 27 of 32 22. Grantee will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C.§§ 1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 23. Grantee will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 24. Grantee will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care,handling, and treatment of warm-blooded animals held for research,teaching,or other activities supported by this award of assistance. 25. Grantee will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 26. Grantee will ensure it has adopted and implemented applicable provisions of the model HIV/AIDS workplace guidelines of the Texas Department of State Health Services as required by the Texas Health and Safety Code, Sec. 85.001,et seq. 27. Grantee will comply with Public Law 103-277, also known as the Pro-Children Act of 1994, which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Pro-Children Act of 1994. 28. Grantee will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 29. Grantee will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 30. Grantee and its principals are not,nor will be,suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts or the System for Award Management(SAM)maintained by the General Services Administration. 31. Grantee acknowledges and understands the dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the agreement. 32. Grantee will submit timely,complete,and accurate reports in accordance with the grant and maintain appropriate backup documentation to support the reports. Page 28 of 32 EXHIBIT D QUARTERLY PROJECT STATUS REPORT GRANTEE TMPC GRANT NUMBER: Summary of Expenditures: Quarter (Report Expenditure ($Amount) Description Period Percentage of Grant Project Completed: Brief Narrative Explaining Expenditures: Grant Project Status: Printed Name of Signature and Date Signed Grantee's Duly Authorized Representative Page 29 of 32 EXHIBIT E PROJECT COMPLETION REPORT GRANTEE TMPC GRANT NUMBER: Percent Completed: GRANTEE has successfully completed, and in a satisfactory manner, the GRANT PROJECT. The purpose of the grant was to [GRANT PURPOSE]. The total cost for the Grant Project is as follows: •Grant Project Total $ •Total $ The following is a brief Grant Project scope summary: This is to certify that an inspection of 100% of the completed Grant Project described below was conducted on the day of , 20 . Contracts were entered into for GRANT PROJECT between GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline,budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 30 of 32 EXHIBIT F DEAAG PROJECT IMPACT REPORT GRANTEE TMPC GRANT NUMBER: Project Name: Grantee Name: Address: Telephone: Fax: Contact Person: E-mail: Time Period Covered by Report: to Grant Project Performance Measures: • Create, retain, or train jobs by the completion of the Grant Project • Grant Project Description: • Grant Project Address: Jobs Created Active Full Time Time Period Jobs Created,Retained or Students Trained EX. 01/12—03/12 Total Page 31 of 32 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: Businesses assisted or created to date: Grant Project Financial Impact • Narrative summary of Impact: • Update on current Grant Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF GRANTEE. FOR GRANTEE: Signature Print Name Title Date Page 32 of 32 so �o p A � 1 v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting of April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management charlesM2(a)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Offsite Transmission Repairs for Class 4-8 Vehicles CAPTION: Motion authorizing execution of a three-year service agreement with Rittgers' Services, Inc. dba Greatstate Transmission, of Corpus Christi, in an amount not to exceed $392,600.00 for offsite vehicle transmission repairs, with FY 2023 funding of $54,527.78 from the Fleet Maintenance Service Fund. SUMMARY: This is a motion to approve a service agreement for off-site transmission repairs. This service will be for repairing the city's fleet transmissions for Class 4-8 vehicles. Classes 4-8 include vehicles that range in gross vehicle weight rating (GVWR), from an F-450 (16,000 lbs. max GVWR) to a Semi-Truck and trailer (66,000 lbs. max GVWR). BACKGROUND AND FINDINGS: The proposed services from Rittgers' Services, Inc. dba Greatstate Transmissions are to repair transmissions of F-450 service trucks (Class 4), 5-yard dump trucks (Class 7), 12- yard dump trucks (Class 8), specialty equipment (Class 8), refuse trucks (Class 8), and tractors respectively (Class 8). These services range across the spectrum of operational requirements. Approval of this initiative is essential for Asset Management (Fleet) to ensure successful Fleet readiness and availability. This service agreement will aid in keeping the overall cost down across the board and enable great production for the City of Corpus Christi. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids for a new contract. The City received four responsive bids. Staff is recommending the award to the lowest, responsive, responsible bidder Rittgers' Services, Inc. dba Greatstate Transmissions. The labor rate has increased by 21% from the last agreement in 2020. ALTERNATIVES: The alternative is to obtain transmission repair services on individual service agreements or purchase new transmissions which can result in a higher cost and longer downtime due to unforeseen transmission failures and availability of transmissions. FISCAL IMPACT: The fiscal impact for FY 2023 is $54,527.78 for this three-year service agreement. The remaining cost of$338,072.22 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity 40170 Fleet Operations Mission Element 202 Maintain the fleet Project # (CIP only) N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this three-year service agreement with Rittgers' Services, Inc. dba Greatstate Transmission for offsite transmission repairs for class 4-8 vehicles as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Finance &Procurement RFB 4479 Offsite Transmission Repairs for Class 4-8 Vehicles Buyer: Desirree Ortiz Fleet Department Greatstate Transmissions Weir Fleet Partner Rose Sales Co., Inc. Stewart&Stevenson Corpus Christi,Texas Corpus Christi,Texas Corpus Christi,Texas Power Products LLC Corpus Christi,Texas Item Description Unit 3 Year Unit Extended Price Unit Extended Unit Price Extended Unit Extended Qty Price Price Price Price Price Price Labor rate 1 for repairs HR 2,400 $115.00 $276,000.00 $125.00 $300,000.00 $135.00 $324,000.00 $150.00 $360,000.00 and rebuilds Estimated Estimated Estimated Estimated Estimated Mark Up Mark Up Mark Up Mark Up Spend % Spend + Mark % Spend + Spend + Spend + Up Mark Up % Mark Up % Mark Up Markup- 2 parts and $106,000 10% $116,600.00 35% $143,100.00 42% $150,520.00 25% $132,500.00 materials Grand Totall $392,600.00 $443,100.00 1 1$474,520.00 1 1 $492,500.00 DocuSign Envelope ID:2BCBAF24-AD98-471 13-8A63-C5134DD600797 �yV SC G° a 0 H SERVICE AGREEMENT NO. 4479 U Offsite Transmission Repair for Class 4-8 Vehicles yeanaonn!e 1852 THIS Offsite Transmission Repair for Class 4-8 Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Rittgers' Services, Inc. dba Greatstate Transmission ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Offsite Transmission Repair for Class 4-8 Vehicles in response to Request for Bid/Proposal No. 4479 ("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 Offsite Transmission Repair Class 4-8 Vehicles ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is three 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. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:2BCBAF24-AD98-471 13-8A63-C5134DD600797 3. Compensation and Payment. This Agreement is for an amount not to exceed $392,600.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Joe Gonzales Asset Management, Fleet Department 361-826-1938 joego@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:2BCBAF24-AD98-471 13-8A63-C5134DD600797 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: Joe Gonzalez Title: Equipment Mechanic Foreman Address: 5352 Ayers Building 313, Corpus Christi, Texas 78415 Phone: 361-857-1676 Fax: 361-826-4394 IF TO CONTRACTOR: Rittgers' Services, Inc. dba Greatstate Transmission Attn: Mark Rittgers Title: President Address: 3487 S. Padre Island Dr., Corpus Christi, Texas 78415 Phone: 361-855-4637 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 CONTRACTOR �pDocuusigned by: � Signature: U Printed Name'. Mark Rittgers President Title: Date: 3/11/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4479 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 Section 4 - Scope of Work 4.1 General Requirements/Background Information Contractor shall provide parts and services for repairs to vehicle transmissions to include medium duty vehicles, and heavy vehicles for the City of Corpus Christi Asset Management Department as outlined in this Scope of Work. Services will be performed on an as needed basis. The classification of vehicles is shown in Exhibitl . 4.2 Scope of Work A. Service Requirements 1 . The Contractor must have a permanent, principal place of business, in which the service is provided, within the Corpus Christi, Texas. 2. The Contractor shall perform basic repairs, overhauls, servicing, removal and installation of rebuilds. 3. The Contractor shall perform both electrical and mechanical diagnostics at no cost to the City. 4. The Contractor shall perform preventative and unscheduled maintenance and repair, including parts and labor. 5. The Contractor shall provide Original Equipment Manufacturer (OEM) parts. Aftermarket parts will only be accepted when OEM are no longer available. 6. The Contractor shall not subcontract any repairs. 7. The Contractor is responsible for any towing charges incurred for immediate failures after repairs have been completed by the Contractor. 8. If the Contractor experiences immediate failure when delivering vehicles, the Contractor shall use the City's contracted towing company to return the vehicles for repair. 9. The Contractor shall follow labor guidelines of a recognized source such as (All Data, Chilton, Mitchell Fleet Cross, etc.) when calculating labor rates. 10.The Contractor shall not perform any labor billed to the City without prior approval by Supervisor of department. Revised 1 1.30.20 Page 1 of 2 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 4.3 Lead Time 1 . The Contractor shall give first responder vehicles first priority and shall provide same-day priority service. This standard will apply to a full six-day work week, Monday through Saturday, and include items covered under warranty as well as non-warranty repairs. 2. The Contractor shall have four business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is constituted as a minor repair according to the manufacturer. 3. The Contractor shall have eight business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is considered major repair according to the manufacturer. Extensions require approval from the Contractor Administrator. 4.4 Warranty Warranty shall be for two years for parts and labor. Exhibit 1 US Truck Class Duty Classification Gross Vehicle Weight Rating Range Class 4 Medium Truck 14,001 -,16,000 pounds Class 5 Medium Truck 16,001 - 19,500 pounds Class 6 Medium Truck 19,501 - 26,000 pounds Class 7 Heavy Truck 26,001 - 33,000 pounds Class 8 Heavy Truck 33,001 pounds and over Revised 1 1.30.20 Page 2 of 2 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 use ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI H CONTRACTS AND PROCUREMENT U BID FORM RPRR ptE x$52 RFB No. 4479 Offsite Transmission Repair Services for Class 4-8 Vehicles PAGE 1 OF 1 - �&�3_ Date: Authorized Bidder: ' IIndf lg A �(a^S 4i t If;v,j Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price Labor rate for transmission HR 2400C/ / 00 d re airs/rebuilds Estimated Mark Up % Estimated Spend Spend + Mark Up Parts and materials for G/0l�� �� 2 transmission repairs/rebuilds $106,000 /() l Total �a 6 A Page 1 of 1 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE $500,000 COVERAGE including: Actual Cash Value of Vehicles While in Care, Custody or Control Physical Damage on a Direct Primary Basis C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Page 1 of 3 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. Page 2 of 3 DocuSign Envelope ID:2BCBAF24-AD98-471 13-8A63-C5134DD600797 H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds are required for this Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services— Services Performed Offsite 05/10/2021 Risk Management—Legal Dept. Page 3 of 3 DocuSign Envelope ID:2BCBAF24-AD98-471 B-8A63-C5B4DD600797 ATTACHMENT D: WARRANTY REQUIREMENTS Warranty shall be for two years for parts and labor. Page 1 of 1 SC O , F "oAPORpY�° AGENDA MEMORANDUM xss2 Action Item for the City Council Meeting of April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a-)-cctexas.com (361) 826-3851 David Lehfeldt, Director of Solid Waste david l3(a-)-cctexas.com (361) 826-1966 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2(a-)-cctexas.com (361) 826-3169 Construction Contract Award and Professional Services Contract Amendment Cefe Valenzuela Landfill Gas Collection System 3C CAPTION: Motion authorizing a construction contract to Tri Con Works, LLC of Baytown Texas, for the construction of Cefe Valenzuela Landfill Gas Collection System 3C in an amount not to exceed $822,376.50 and authorizing professional services contract amendment No. 1 to SCS Engineers, Houston Texas, to provide Construction Quality Assurance (CQA) services in an amount of $125,791.00 for a restated fee not to exceed amount of$154,291.00, located outside of city limits, with FY 2023 funding available from Certificates of Obligation. SUMMARY: This item awards a construction contract for Cefe Valenzuela Landfill Gas Collection System 3C and a professional services contract amendment No. 1 to provide CQA services. The project provides the expansion of the existing Gas Collection Control System (GCCS) from nearby cells to cell 3C. This project has been reviewed and approved in the FY23 CIP. BACKGROUND AND FINDINGS: The Cefe Valenzuela Landfill is a municipal solid waste landfill, owned and operated by the City of Corpus Christi, Texas located outside of City limits near Petronila Creek on CR 20. The existing GCCS was installed in 2017 and contains a blower/flare facility, vertical extraction wells, associated piping and condensate management system. This project provides the installation of landfill gas (LFG) extraction wells and wellheads, including well drilling, bentonite, and aggregate soil backfill. The installation of High-density polyethylene (HDPE) pipe, fittings, and valves, which also include condensate management system (pumps and sumps included). In previous projects cells 1 B/1 C have been connected to the existing GCCS. The Cefe Valenzuela Landfill, GCCS Cell 3C, is required by Federal New Source Performance Standards (NSPS) for Municipal Solid Waste Landfill, which are contained in NSPS 40 CFR 62, Subpart 000 (EPA Emission Guideline Plan) and NESHAPS 40 CFR 63, Subpart AAAA require that a GCCS control landfill gas from waste at the landfill that has been placed 5 years or more if at intermediate grade, or 2 years or more at final permitted grade. Based on that cell 3C's first waste disposal began on or after October 9, 2018. Therefore, a GCCS expansion into Cell 3C must be constructed and operational by October 9, 2023. This project is not related to the Landfill Gas to Energy lease occurring at the Cefe Landfill. Construction Quality Assurance (CQA) services for gas collection and control system (GCCS) construction requires specialty field CQA and construction-phase engineering oversight services. CQA services is required by TCEQ to report on any GCCS expansion progress. For the Cell 3C GCCS expansion generally includes review of Contractor submittals, requests-for-information, and installed quantities; full time observation and documentation of drilling and installation of LFG extraction wells and observation, documentation, and surveying during the installation of LFG collection piping and condensate management components; and preparation of a construction record (as-built) report. PROJECT TIMELINE 2022 - 2023 2023 - 2023 March - January Feb - April June - August Design Bid/Award Construction Project schedule reflects City Council award on April 2023 with anticipated completion by August 2023. COMPETITIVE SOLICITAION PROCESS: The Contracts and Procurement Department issued a Request for Bids (RFB 4617) for the proposed Cefe Valenzuela Landfill Gas Collection System Cell 3C project on February 13, 2023. On March 15, 2023, the City received bids from four bids. City analyzed the bids in accordance with the contract documents and determined Tri Con Works, LLC as the lowest responsive and responsible bidder. The bid results are summarized below: BID SUMMARY CONTRACTOR BASE BID 1. Tri Con Works, LLC $822,376.50 2. Bridge Specialties Inc. $867,395.00 3. Landmarc Environmental Systems, LLC $887,400.00 4. Carlson Environmental Consultants $1 ,310,275.00 Engineer's Opinion of Probable Construction Cost $998,721.50 Tri Con Works, LLC. has experience directly related to landfill gas collection and control systems at a size/cost in excess or comparable to the City's requirement and has a favorable reputation related to the installation of gas collection and control systems. The contractor has performed the first Landfill Gas Collection and Control System (GCCS) at Cefe Valenzuela landfill for the City of Corpus Christi, GCCS expansion for the City of Brownsville, GCCS Expansion for the City of Victoria Landfill and GCCS Expansion for Seabreeze Environmental Landfill in Arlington, TX and GCCS Expansion for Union County Landfill for the City of Wingate, NC. ALTERNATIVES: The alternative is that the City Council could choose not to award the construction contract to Tri Con Works, LLC. However, this could delay the start of the project. If the gas system is not expanded into Cell 3C, the City will be determined in violation of Federal and State regulations to control landfill gas emissions and in violation of the landfill's air permit. The violation would be reported to the Texas Commission on Environmental Quality (TCEQ) and the City would be subject to penalties. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of$948,167.50 with funding available from the Landfill Capital Fund. The expenditures shown in the CIP reflect estimates prior to completion of the engineer's opinion of probable construction cost. FUNDING DETAIL: The Capital Improvement Program (CIP) shows that the project is planned for FY 2023. The project is ready to be implemented and the expenditure shown reflects the CIP. Fund: Solid Waste 2023 CO (Fund 3375) Department: Solid Waste (31) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 23118-3375-EXP Amount $948,167.50 RECOMMENDATION: Staff recommends awarding a construction contract Tri Con Works, LLC for the new expansion of the Gas Collection Control System into cells 3C, located at the Cefe Valenzuela Landfill with the construction duration planned for 80 days from issuance of the Notice to Proceed to begin construction in June 2023. LIST OF SUPPORTING DOCUMENTS: Bid Tab CIP Page Location and Vicinity Maps PowerPoint CR 20 w E A�RPORr _ 9�T e CORPUS CHRISTI BAY ME f°M NMS N�Vf Rpgo PROJECT LOCATIONFM 43 S,gaRp�N ro°E`�o NAs , q caro q _ �kN y Qo y oy po 0 o p FM 2444 Ppx RkT F�Go �� �"✓N � m GAF oA 0 3 J hr =Q VICINITY MAP NOT TO SCALE r CR 18 ' v. PROJECT LOCATION 3 � 0') U co U CR 14 AERIAL MAP NOT TO SCALE PROJECT NO. 23118 ' CEFE VALENZUELA GAS COLLECTION CITY COUNCIL EXHIBIT �. CONTROL SYSTEM CELL 3C CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s[i Engineering Cefe F. Valenzuela Gas Collection System 3C Council Presentation April 25, 2023 Project Location Carpus Chr sti Engineering CR 29 Y` r VICINIVICINI EMAP V/ ' CR is PROJECT LOCATION v U CR 14 AERIAL MAP Project Scope J Corpus Chr sti �q�W_J Engineering • $822,376.50 for Construction • The proposed construction contract consists of: • Installation of Landfill gas extraction wells and wellheads • Condensate management system (pumps and sumps). • Installation of High-density polyethylene (HDPE) pipes, fittings and valves. 3 Project Schedule Carpus Chr sti Engineering 2022 - 2023 2023 - 2023 March - January Feb - April June - August Design Bid/Award Construction Projected schedule reflects City Council award for Construction on April 2023 with anticipated completion by August 2023. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 o 0000000000 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000 0O O O 0 0 0 0 0 0 0 0 Lri 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 R Z O O Ln N D O O M Lt')O M N V M 0 0 0 M"t Lf)CO O V O O Lf)Lf)0 0 0 0 N O O ti E VI 0 O O0 N M L(')m N L(')M N 1V`M V N I�M M L(')CO O N M M M O O O (V a 00 O N Q ` O U Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl M > 7 6 Z W N 0000000000 O COU o O O O O OOO 99 O O O 0 0 0. 00 M O O MNM O O 0 0 000000 0 0000 0 0 0 0 0 0 0 O - O O IQ 0 0 0 O M M V N C0 N CO O U > _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O R F O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O LA LA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O M O O N O O I�M M M N O M O L(') O M N 0 0 0 0 0 0 L(') O O O O cc) M O O Ln Lf)M M M V M O Ln M I�r r O Lf)I�C O M M 't O O C J O rG V N M M M M OM M O CO N CO V M ML(')M m 1` O O O` J Q r ti J Efl Efl Efl Efl EO Efl Efl EO Efl E E E E Efl Efl Efl EO EO EO EO Efl Efl Efl Efl Efl Efl Efl Efl Efl 00 W o 00 m LL O O N E '0 M V M � F O O�CO CO� co I. �COM L()O CO M V CO O ZZ N�N CO J 2 Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl � O O O O O O O O O O O O O O O O 0 0 0 00000000 O O CD F O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O U 0 0 0 0 0 0 0 L(')0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O N 0 0 0 0 M CO O O O N O O a M 0 0 0 0 0 0 0 0 0 0 O) O O Ln N ) 0O OO Ll)000 Ll) MO �m 0Nco 00OD Mw M 0 o o M N 00 Q r ti R M X Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl CO H d 00 LL F M Z d V N LL O O 0 0 M M N N O O M 0 0 0 0 0 0 0 0 O W pl F O O LlLn O O O Lf)Lf)0 0 Lf) O 2 'a 0� Z m 0 M LA V O M Lf)O M O w m 7 w fA U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 LL Zooai0000000000000 00000ai0000 to 0 0 0 U D O O W O O N O w O O W O O N-O N�N O O M O O O O f- O O � N W r u'!7 m u'!a0 f-7 O a0 u'!tT N W W W M 7 N N N O O M O O Z J U O M N t0 N O N M u'!W N tf!t0 O N W O M 7 W�f-7 N N N N O O ti Q r 7 N r S O W r r r N N N F Y r Q n U `p to to to to to to to to to to to to to to to to to to to to to to to to to t»to ui to N oovl0000000000000 0000000000 O m F > ?� O O N O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 O OZ O O O LLFO O f�0 7 0 0 N M O tf!O N N O uO w7 rN OO OO MM OO OO OO OO O Lqcl- 0 O ti 00 NLgL Nu'!O O O O U F m Z O M N 7 O 7 r r N N N N O O 7 N r r N N r N Qx H V)M i9 V>V>V>V>V>V>V>V>V>V>V>V> V>V>V>V>V>V>V>V>V>64 A CO 0 0 0 0 0 0 0 0 0 0 N 0 0 N N N O O N O O)V M M CO O M M Q m m y Q V N w W O ~ F U M ZU co W 0_'W Q Q W LL LL LL LL LL LL LL Q Q LL LL Q Q Q Q Q Q(n U m U) N = J J>x>W W J J J J J J J J W W J J W W W W W W J Q J D y 0. w Z o 2 Q U a w LL J LL O N Q 0 Q O o U F F U Q 7 a m R - J X F W T E U 4 O E N N N 7 M J Q N OL a N T > U D p O m 6 c oa 0 c ) j >.U LU r� U D Z a E (�U o E a fA to ro p a o 3.� -p o f -6 w � o a) 0 0¢ m 3 E Q in c w F o aU �� o No_ m o Q a_ m .5 .0 m �' U) c o p .c 3 Q J U) a Lt6. 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U to No U U w = = E c C) c N U LU LU a c c t .� o o c 0 �- r F V N c m 0_0_0 N N N.c V U U � N U U LL ;0 O Q ` -E a w R R c i C,, D D x M' O N J N N O N 0 0 x x N N N N OJ c0 0 O O N O a N o w LlxJs .�LUU Mmm.c U) R c s N W W p N t t t y.X m 00 'a N J LL %� >m m E E m oa oa oa.X -p m t--p vL o-p W Q _ o 0 o LL, a) o U c _�0 W W a y Q c J a O-p>0 0 m m p 0 0 0 W pm U U o x o m o U > }W C OC N N mo N >xx00tttt 2"' ELL, ttxti6�Ut� F c m w > Z s .=s v v v v W Z 3 w W p = N t6 o N N .�.�.� N N N N N c._ t6 c c - N D O > _ w 4) (� m>0>t/)�N M M co W W-W M J N M 0 Q JQr U 7 9 Q 2 F �N M V L(')<O I�M O)O= V L(')CO I�M O O N M L(')CO m a W F Q Q Q Q Q Q<<<<<<<<<<< Q Q Q Q Q<<<<< m m H 0 00 0-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a �vs cr �o v NggPqRPY ED AGENDA MEMORANDUM xss2 Action Item for the City Council Meeting of April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Josh Chronley, CTCD, Assistant Director of Finance & Procurement joshc2@cctexas.com (361) 826-3169 Master Services Agreement Geotechnical Testing and Construction Materials Testing CAPTION: Motion awarding a Master Services Agreement for Geotechnical Testing and Construction Materials Testing to Professional Service Industries, Inc., Tolunay-Wong Engineers, Inc., Terracon Consultants, Inc., and Rock Engineering and Testing Laboratory, Inc., all from Corpus Christi, Texas, in an amount up to $1,000,000.00 each, with a one-year renewal option to be administratively authorized for a total amount not to exceed $2,000,000.00 each, with projects located Citywide, and FY 2023 funding available from the Capital Program and Bond Program. SUMMARY: This motion approves a Master Services Agreement (MSA) to perform as-needed Geotechnical Testing and Construction Materials Testing. The MSAs will address geotechnical engineering and construction materials testing needs for street, utility, airport, marina, facilities, and other projects. BACKGROUND AND FINDINGS: Currently, Engineering Services has four MSA's with Professional Service Industries, Inc., Rock Engineering and Testing Laboratory, Inc., Terracon Consultants, Inc., and Arias & Associates Inc., to provide geotechnical engineering and construction materials testing services to the City. These contracts will expire in July 2023 and the contracts have reached capacity on the contract limits. New contracts are required for planned improvements for streets, utilities, airport, parks and recreation, fire and police, and other City assets. This item is for new MSAs for professional services with four geotechnical engineering firms needed for continuing the Capital Improvement Program and Bond initiatives. The following is a summary of the respective services: 0 Geotechnical investigations determine the geologic, seismologic, and soil conditions that affect the safety, cost effectiveness, design, and execution of proposed engineering projects. The investigations and analysis are critical to minimize the required foundations and structural requirements and to avoid costly construction changes, post-construction remedial work, and even failure of structure. • Construction material testing verifies the material characteristics and strengths for soils, admixtures, lime stabilization, aggregates, geotextiles, select fill, paving materials (concrete and asphalt), rebar and other materials incorporated into the various street and utility projects. Material testing is critical to avoid premature failures of the utilities, roadways, building foundations, etc. The proposed MSAs are each for a one-year term with a one-year renewal option to be administratively authorized. The four firms will support the approved Capital Improvement Program, Bond, and Operations & Maintenance projects. Individual task orders will be negotiated and approved administratively to meet the project requirements. The projected fees were based on approximately 1% of the projected construction budgets for planned CIP, Bond, and operational projects during the contract performance period. Actual fees will be based on established contract rates and scope. COMPETITIVE SOLICITATION PROCESS On October 17, 2022, Contracts and Procurement Department issued a Request for Qualifications for engineering services with the RFQ Number 4413 for Professional Engineering and Testing Services for FY2023 and Bond 2022. The city received a total of eight Statements of Qualifications. The selection committee consisted of representatives from Engineering Services and Public Works. Firms were ranked based on five factors: 1)firm's experience and qualifications of firm; 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. Out of the eight firms the top four firms consisting of Professional Service Industries, Inc., Tolunay- Wong Engineers, Inc., Terracon Consultants, Inc., and Rock Engineering and Testing Laboratory, Inc., were selected for this service. Professional Services Industries, Inc., has the current Geotechnical Testing and Construction Materials Testing contract and provided geotechnical and construction materials testing for many City projects. Some of the projects are Residential Street Rebuild Program, Slough Road Reconstruction, Laguna Shores Road, Holly Road, JC Elliott Landfill Site Improvements, Bill Witt Park Parking Lot. Tolunay-Wong Engineers, Inc., has provided geotechnical services for several City projects. Some of the projects are Beach Access Roads from Newport Pass Road & Zahn Road, Everhart Road from SPID to McArdle Road, Junior Beck Drive from Bear Lane to West Point Road. Terracon Consultants, Inc., has provided geotechnical and construction materials testing for many City projects and elsewhere in the Coastal Bend. Some of the projects are City Hall Lipan ADA Ramp Replacement, Rincon Road Cutoff Road Improvements, Port of Corpus Christi Ship Channel Dredging and Widening, Frost Bank Building, Magellan Corpus Christi Waterfront Development, Nueces County Texas Parks &Wildlife. Rock Engineering and Testing Laboratory, Inc., has the current Geotechnical Testing and Construction Materials Testing contract and provided geotechnical and construction materials testing for many City projects. Some of the projects are South Staples Street Reconstruction, Street Preventative Maintenance Program, Lipes Boulevard, Padre Island Water and Gas Pipeline Extension Phase 3, Water Street Traffic Signal Improvements, Oso Wastewater Treatment Plant Improvements. ALTERNATIVES: Not awarding this MSA will result in delays and increased costs for both design and construction. An alternative to awarding the contract is to amend each project to include geotechnical and construction materials testing services which may cause delays to the construction of the project. FISCAL IMPACT: The fiscal impact for the FY 2023 is an amount of$1,000,000.00 each for a one-year term to be funded through the Capital Program and Bond Program Funds. FUNDING DETAIL: Funding will be available as projects are identified. RECOMMENDATION: Staff recommends approval of this motion to award this MSA to Professional Service Industries, Inc., Tolunay-Wong Engineers, Inc., Terracon Consultants, Inc., and Rock Engineering and Testing Laboratory, Inc., in an amount of $1,000,000 each for a one-year contract and one renewal option to be administratively authorized for a total contract amount not to exceed $2,000,000 each. The services are planned to start in May 2023 with completion by April 2025. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Evaluation Matrices AE Contract Template RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Testing Services Pro I Evaluation Score Professional Service Terracon Talune Wo Rock En Retie IGsiner MEG En E65outhwesi Breun Imertec �� Industries Y n8 gineering gineers Corpus Ch,mli Corpus Christi Corpus Christi Corpus Christi Corpus Christi San Benito San Antonio Corpus Christi Minimum qualifications Licensing/Certification Pass/Fail J J J J J J J J NO Material lawsuits Past 5 Years Pass/Fail J J J J J J J J NO Material Regulatory l ssu es Past 5 Years Pass/Fail J J J J J J J J References Provided for Firm Pass/Fail J J J J J J J J Minimum qualifications Pass/Fail I Pass I Pass Pass I Pass Pass I Pass Pass I Pass Technical Pr sal Experience onprojects of similar scope and complexity 11 10 M 9 9 9 8 7 7 lJemonstrated capability&capacity on comparable projects 11 11 M 10 M 9 7 7 7 Past Performance 11 11 9 M 9 9 6 7 6 Team memberswith experience and qualifications 11 11 9 M 9 9 9 8 7 Team members experience with work of similar scope and complexity 11 M 9 9 9 7 7 7 7 Availability ofre—cesto accomplish the work 11 M M 9 9 8 7 8 8 demonstrated—d--ding ofthe scope of services 17 16 15 14 14 14 13 11 M demonstrated—d--ding and experience with a public agency 17 16 15 14 14 14 13 11 M Tare) 100 96 1 87 87 83 80 1 69 64 62 w,. N SCALE: N.T.S. CITYWIDE PROJECT 1 b 1 III � wwwwwwW lJ IL s I q , a AERIAL MAP NOT TO SCALE Master Services Agreement - CITY COUNCIL EXHIBIT Geotechnical Testing and Construction CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES \ % Materials Testing - se �O O� H SERVICE AGREEMENT NO. U MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES �N�ORPnPPS Ea 1852 This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and , an Corporation, Corpus Christi, Texas (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — PROJECT TASK ORDER................................................................................................2 ARTICLE 11 — COMPENSATION...........................................................................................................3 ARTICLE III — QUALITY CONTROL PLAN...........................................................................................4 ARTICLE IV— OPINIONS OF COST....................................................................................................4 ARTICLE V— INSURANCE REQUIREMENTS.....................................................................................4 ARTICLE VI - INDEMNIFICATION .......................................................................................................4 ARTICLE VII — TERM; RENEWALS; TIMES FOR RENDERING SERVICE.........................................5 ARTICLE VIII - TERMINATION OF AGREEMENT...............................................................................5 ARTICLE IX — RIGHT OF REVIEW AND AUDIT..................................................................................6 ARTICLE X— OWNER REMEDIES ......................................................................................................7 ARTICLE XI — CONSULTANT REMEDIES...........................................................................................7 ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION.......................................................................8 ARTICLE XIII — MISCELLANEOUS PROVISIONS...............................................................................9 EXHIBITS Pagel Rev. 21-3 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. The general scope for these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed. Task Orders shall become a supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will perform the Services in accordance with the approved Scope of Services and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are issued the fully executed Task Order to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit D to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Page 2 Rev. 21-3 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.10 For project with potential utility conflicts: 1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.11 The Consultant agrees to conduct all communication through and perform all project-related functions utilizing the City's project management system known as e-Builder. This includes all correspondence, submittals, payment requests and processing, contract amendments and construction phase activities. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by the City. 2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 2.4.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. Page 3 Rev. 21-3 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. ARTICLE III —QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV—OPINIONS OF COST 4.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 4.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 4.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE VI - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, Page 4 Rev. 21-3 employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, included in the indemnification above if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 7.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 7.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the Agreement until Task Orders are complete. 7.3 The term of this Agreement shall be for a period of_ years beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement may be renewed for up to renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 7.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: Page 5 Rev. 21-3 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources Page 6 Rev. 21-3 of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. Page 7 Rev. 21-3 11.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 12.2 Alternative Dispute Resolution 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute,then the Parties shall proceed with the mediation process contained herein. 12.2.3 Mediation 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. Page 8 Rev. 21-3 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 12.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City's governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or Page 9 Rev. 21-3 certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 13.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 13.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take Page 10 Rev. 21-3 precedence and control to resolve said conflict. 13.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. Page 11 Rev. 21-3 CITY OF CORPUS CHRISTI ENGINEERING, INC. Michael Rodriguez (Date) Name (Date) Chief of Staff Title Address City, State, ZIP (361) xxx-xxxx Office email@company.com APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 12 Rev. 21-3 .gpUS GO ,� H c EXHIBIT A U SCOPE OF SERVICES 00 Polk" 1852 Master Services Agreement Consultant Proposal / Rate Sheet Exhibit B Page 1 of 1 +, N p p p o 0 0 0 0 0 0 0 00 0 0 0 O O O O O M O O O m m m LO M LO 0V Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M O UO Cl) N M N CO L E 0 04 a U cwt �. Q 0 0 00 0 O O O p 00 O 00 0 J mE O O O O O O O O m OLOOLO OOm m m o LO� 111- NN 0 NT0 rnV o a cn g '� O � I- LO I- � � M N LI- C%4 O� M LO � � � j K3 60} 60} 60} 60} Ef} Ef} O W O O 00 O O O O p p p O 00 O 0 0 0 09 0 0 0 o m m m 0 0 0 0 J V O O O O O 0 0 0 0 O O O O H N Ef3 Ef3 N S M W 61), 61), V 2 O O 00 O O O O p 00 O 00 O W N O O 99 O O O O m m m O O O O p M 4) 0 0 0 0 0 0 0 0 � � � O 0 0 0 Z 0 O O 60, 61), 0 61), 61), 61), 61), OHO O O O LO LO LO LO a a s W O O O O O O O O p p p 00 O O -� — 4) 99990 O O O m m m O 999 V 0 0 0 0 0 0 0 0 0 0 0 0 06 L o 66 o66 665 o LO LO oLOLO W W > O U H X LO 0 'It N ? N U X N O O 00 O O O O p p p O O O O E LU X o o 0 0 0 0 0 0 o m m m o 0 0 0 2 O O O O i 0 0 LO 0 LO O N N ~ ~ ~ Iq LO Iq O CO) N W Z Z O O O O f- W) N O r CO f� N f- a) W ++ H O Cl) S M 00 N 00 -If N W V 0 U E!> E!> EA EA EA 6e. EA EA EA EA 'r, V U _ ~ 'EO vj -C Ja � 'F N 0 0 0 0 0 O O O p p p 0 O O O ? N > 0 0 0 0 0 0 O O H 1-- O 1- J LO CN I- O - Z N O N (D N M o J EA EA EA EA EA EA EA Z a .� 0 0 0 0 0 O O O p p p 0 O O O W fn O O O O O O O O m m m 0 O O O W i -z- 0 000000 000 � � � 0 000 Ov � � Z6ov 06ov6ov o V), CN V), CN o CN Cq o Q N 2 2 0 LL O O 00 O O O O p 00 O 00 O m 0 O O O m m m O o 0 0 X00000 0000 000 Cl) C,) o o LOo o C 0 0 C = W �g U � 69 � �� � � � 6 i E ° LU a � M ai LZ CD Z � E ° CD cl) CD n3 ° vi U LLCD W Wcu LL 0 vi c- -r- d (cu CD1)i > D . Li W� . Nv 70 a) c)2 cu C �- ai LL C d CU =3 cu o c o rn 2 Q m � w U W v U V1 cA d C � L Q Q -0 E .U J N 4 ca 0 _0 o D 'a a) c6 c6 °� U � O cu _0 O o a m 0o d p m U cn Q a a 0 cn cn cn m Q Exhibit C Page 1 of 1 EXHIBIT D Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 Rev 12/20 1 .5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1 .6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 12/20 SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION tir►rr� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicaf�le, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O.BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 EXHIBIT F Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; EXHIBIT F Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; C. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; C. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; EXHIBIT F Page 3 of 22 b. Achieve Substantial Completion; and C. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. EXHIBIT F Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. EXHIBIT F Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, EXHIBIT F Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. EXHIBIT F Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLES—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. EXHIBIT F Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. EXHIBIT F Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. EXHIBIT F Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. EXHIBIT F Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. C. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work EXHIBIT F Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. EXHIBIT F Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. EXHIBIT F Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. EXHIBIT F Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. EXHIBIT F Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. EXHIBIT F Page 18 of 22 C. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. EXHIBIT F Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. C. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. EXHIBIT F Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION EXHIBIT F Page 22 of 22 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council meeting of April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2601 Approval to submit a grant application to the Motor Vehicle Crime Prevention Authority to continue the Motor Vehicle Theft Unit in the Corpus Christi Police Department CAPTION: Resolution authorizing the submission of a grant application for $822,431.00 to the Motor Vehicle Crime Prevention Authority for funding for salaries, benefits, overtime, and travel for four sworn officers and three civilians in the Corpus Christi Police Department's Motor Vehicle Theft Unit, with a City cash match of $169,372 and an in-kind match of $714,806, for a total project cost of $1,706,609; designating the Chief of Police as the authorized official and the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and Director of Finance, or designee, as financial officer for this grant. SUMMARY: This resolution authorizes submission of a grant to the Motor Vehicle Crime Prevention Authority for salary, benefits, overtime, and travel for four sworn officers and three civilians in the Corpus Christi Police Department's Motor Vehicle Theft Unit. The City must apply for these funds each year. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) is applying for FY 2024 grant funding from the Motor Vehicle Crime Prevention Authority (MVCPA) for salary, benefits, overtime, and travel for four sworn officers and three civilians its Motor Vehicle Theft Unit. The MVCPA was established in 1991 due to rising auto thefts. The MVCPA is funded through a monthly fee of$4 on every insured vehicle in Texas by way of charging insurance companies that provide vehicle insurance coverage in Texas. The insurance companies pass the costs on to consumers. The Texas Comptroller of Public Accounts collects the fee. CCPD's Motor Vehicle Theft Unit focuses not only on detection and apprehension of stolen and burglarized vehicles, but also on motor vehicle fraud and proactive policing of automotive businesses in the City and County. The goal of the Motor Vehicle Theft Unit is to reduce the sale of stolen vehicles and parts. As part of the grant, an extensive public awareness campaign is required.The public awareness campaign includes crime prevention programs that focus on reducing motor vehicle crime. The grant provides funds for one Lieutenant and three other sworn CCPD officers, and three civilians. The civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. The sworn officers investigate auto thefts and auto burglaries and perform trailer inspections per State requirements. In-kind contributions include copy machine, indirect personnel costs, and office space. The General Fund cash match is for equipment, travel, and supplies and direct operating expenses. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end. However, the City must reapply each year because the MVCPA requires a very close review of performance on the grantee's ability to utilize the funds efficiently. The grant period being applied for is September 1, 2023, through August 31, 2024. The City has received the grant for 22 years. Last year the City received $429,518 from this grant. ALTERNATIVES: If the grant application is not authorized, both the sworn and civilian personnel will not be able to continue the Motor Vehicle Theft Unit in its current capacity, or possibly at all. The program relies on these grant funds each year to continue its operations. FISCAL IMPACT There is no fiscal impact in FY 2023 with the submission of the grant application. If grant funds are awarded, the fiscal impact will be in FY 2023. The grant funds of $822,431 will be appropriated to the FY 2024 Police Grants Fund and the City cash match of $169,372 will be available in the FY 2024 Police Department General Fund. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: Automobile Burglary and Theft Prevention Project # (CIP Only): N/A Account: 510100 Salaries and Wages Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division Auto Theft 11721 Project # (CIP Only): N/A Account: 510100 Salaries and Wages RECOMMENDATION: Staff recommends submitting the application for the grant for the Motor Vehicle Theft Unit, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of a grant application for $822,431 to the Motor Vehicle Crime Prevention Authority with City cash-match contribution of $169,372 and City in-kind match of$714,806. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application in the amount f$822,431 to the Motor Vehicle Crime Prevention Authority to continue the Motor Vehicle Theft Unit in the Police Department. SECTION 2. The City Council commits to provide for the applicable contribution of $169,372 with cash and $714,806 with in-kind services. SECTION 3. The City Council designates the Chief of Police as Program Director and as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 4. The City Council designates the Director of Finance or designee as the financial officer for this grant. 2 PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor �yvs c, AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 25, 2023 yOHPOAM1t�"� xs52 Second Reading Ordinance for the City Council Meeting of May 9, 2023 DATE: April 14, 2023 TO: Peter Zanoni, City Manager FROM: Alyssa Barrera Mason, Executive Director, CCDMD Alyssa@cctexasdmd.com (361) 882-2363 Approval of Ninth Amendment to the TIRZ #3 Project & Financing Plan CAPTION: Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on March 28, 2023, which amends the Downtown Living Initiative and Streetscape and Safety Improvement programs, adds eligible projects for public space, right-of-way, and streetscape development, and adds an additional incentive program named the Targeted Office to Residential Conversion Program. SUMMARY: The purpose of this item is to approve proposed amendments to the Project & Financing Plan for Tax Increment Reinvestment Zone #3. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 in the City's Downtown, adopting a draft Project & Financing Plan (Project Plan). The Project Plan is required by the State, must include all activities of a Tax Increment Reinvestment Zone and must be adopted by the municipality by ordinance. Since its adoption, the Project and Financing Plan has been amended numerous times to modify the scope and type of programs and initiatives as the needs of City's downtown change. This 9th amendment cleans up language and adds the following: • Downtown Living Initiative - Increasing per unit incentive to $30,000. • Streetscape & Safety Improvement Program —Adding the roofs for vacant structures. • Public Space, Right of Way & Streetscape Development—Adding Special Purpose or Pocket Parks, Including Norma Urban Park, Sherrill Park, and Spohn Park; correcting Right of Way Maintenance Funding; adding Agnes Laredo Entrance, Lighting Improvements, Pedestrian Improvements. • Targeted Office to Residential Conversion Program-Program to incentive the conversion of office space to residential units. The TIRZ #3 Board of Directors approved this amendment at its regular meeting on March 28, 2023. City Council action is now needed for final approval. ALTERNATIVES: City Council may choose not to adopt the Ninth Amendment to the Project Plan. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION: Staff recommends approving the Project and Financing Plan amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ninth Amendment to TIRZ #3 Amended Project & Financing Plan (Track Changes Version) Presentation — FY 23 Project Plan Updates (91" Amendment) Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on March 28, 2023, which amends the Downtown Living Initiative and Streetscape and Safety Improvement programs, adds eligible projects for public space, right-of-way, and streetscape development, and adds an additional incentive program named the Targeted Office to Residential Conversion Program. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone#3 Amended Project & Financing Plan;" WHEREAS, the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" was last amended by City Council on December 20, 2022; WHEREAS, on March 28, 2023, the Board of Directors of Reinvestment Zone Number Three passed a motion recommending an amendment to the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" that amends the Downtown Living Initiative and Streetscape and Safety Improvement programs, adds eligible projects for public space, right-of-way, and streetscape development, and adds an additional incentive program named the Targeted Office to Residential Conversion Program; WHEREAS, Texas Tax Code Section 311 .011(d) provides that the governing body of the municipality that designated the zone must approve a project plan for a reinvestment zone by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone #3, Corpus Christi, Texas for the Reinvestment Zone Number Three, City of Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Three on March 28, 2023. A copy of the Plan is attached hereto and incorporated by reference. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor City of Corpus Christi / Corpus Christi Downtown Management District Downtown Corpus Christi Tax Increment Reinvestment Zone #3 Project and Financing Plan 11 Page City of Corpus Christi / Corpus Christi Downtown Management District Contents Introduction..................................................................................................................................................3 Criteria for Zone Creation.........................................................................................................................3 A Consistent Vision for Downtown...........................................................................................................3 Anticipated Zone Role in Downtown Improvements ...............................................................................4 ProjectPlan...................................................................................................................................................4 Existing Uses and Conditions/Boundaries§311.01 (b) (1) .......................................................................4 SEADistrict -..........................................................................................................................................4 Uptown................................................................................................................................................5 Marina Arts District (Downtown Management District).....................................................................5 SouthDowntown................................................................................................................................5 Municipal Ordinances§311.011 (b) (2)....................................................................................................6 City Planned Improvements (Non Project Costs) §311.011 (b) (3) ..........................................................6 Relocation §311.011 (b) (4) ......................................................................................................................6 FinancingPlan...............................................................................................................................................6 Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements§311.001 (c) (2)................................................................................................................6 Economic Feasibility Study§311.011 (c) (3)...........................................................................................10 Estimate of Bonded Indebtedness §311.011 (c) (4)...............................................................................11 Timing of Incurring Costs or Monetary Obligation §311.011(c) (5)........................................................11 Method of Financing and Sources of Revenue §311.011(c) (6)..............................................................11 Methodsof Financing. ........................................................................................................................11 Sourcesof Revenue.............................................................................................................................11 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8)..........................12 Duration of the Zone §311.011(c)(9)......................................................................................................12 Exhibit B. - Legal Description of the Zone...................................................................................................14 Exhibit C. -Tracking List of Project Plan Changes By Year..........................................................................16 Exhibit D. Downtown Development Projects .............................................................................................17 21 Page City of Corpus Christi / Corpus Christi Downtown Management District Introduction The Downtown Corpus Christi Tax Increment Reinvestment Zone#3 (TIRZ#3) will provide the programs, projects and financing needed to develop public improvements and support economic development activities associated with revitalization of the greater downtown Corpus Christi area. TIRZ#3 consists of a twelve person Board of Directors, is supported by the City's Economic Development staff and the Corpus Christi Downtown Management District(DMD). In 2008,through Ordinance 027996, the City of Corpus Christi created TIRZ #3 over a portion of the city that includes the DMD, as well as all blocks north east of Tancahua Street and Morgan Avenue. In 2015, Ordinance 03592 modified the scope of TIRZ#3, based on findings of the City's Downtown Area Development Plan (DADP). A timeline of subsequent amendments to this document can be found in Appendix. Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ#3 qualifies for designation as a "Reinvestment Zone" because it suffers from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions that meet the Criteria of Chapter 311, Section 005 include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311, these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." A Consistent Vision for Downtown For decades, planning efforts have been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ#3, but further implementation was limited. Other planning efforts have included: 2004— Bayfront Master Plan—City of Corpus Christi Planning Department 2006—Downtown Redevelopment Report 2013—Central Business Development Plan—City of Corpus Christi Planning Department 2014— Regional Urban Design Assistance Team - UDAT 2014—Three Year Strategic Plan—Downtown Management District 2015—Downtown Area Development Plan—City of Corpus Christi Planning Department 2017—Three Year Strategic Plan—Downtown Management District 2022—2027 Five Year Strategic Plan 31 Page City of Corpus Christi / Corpus Christi Downtown Management District The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of TIRZ#3. It stated that the"current structure of Corpus Christi's economy,the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown." The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing. The primary functions of TIRZ#3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is a key catalyst and funding source to change the public environment in Downtown. By establishing programmatic frameworks we are able to leverage private sector funding and serve the public purpose of eliminating blight. By improving and enhancing streets, sidewalks, and public spaces, and upgrading utilities, TIRZ #3 will facilitate vacant land development and the redevelopment or rehabilitation of existing uses. The intended result is a vibrant Downtown and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) TIRZ #3 includes approximately 856 acres wholly within the City of Corpus Christi. A very wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are described generally below. A legal description of the Zone with a specific accounting for the proposed �H boundaries is given in Exhibit B. In the 2015 DADP, the identities of "— Ax FH3 neighborhoods in the Downtown were emphasized as wayto build unifying identities and create distinct experiences. Each of those regions is described generally below. 1 SEA District - A large area of publicly owned, cultural and entertainment facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • Corpus Christi Museum of Science&History • Art Museum of South Texas 41 Page City of Corpus Christi / Corpus Christi Downtown Management District • Whataburger Field • Street Icehouse • American Bank Convention Center&Arena • Concrete Street Amphitheater • Harbor Playhouse • Railroad Seafood • Brewster • Heritage Park Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U-Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown —South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway Street marks a topographical change with a historically designated balustrade, one of the City's first infrastructure improvements.The higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses and 11 high-rise towers. TIRZ#3 picks up two blocks of Uptown, with Tancahua Street as the west border. Overall occupancy for the Downtown office market is around 70 percent. West of the TIRZ #3, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center and Corpus Christi City Hall. Marina Arts District (Downtown Management District)—The area east of Broadway Street is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the DMD in 1993. This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's.The most recent large scale private investment is a$27 million residential property with ground floor retail, the Cosmopolitan. The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are non existent or in deteriorated condition. Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man- made T-heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. South Downtown — At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA, a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks. Additionally,there is a mix of early 20th century single family homes and multi-family residential developments. The multi-family developments are truly a diverse mix, including high rise and mid-rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use.This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. 51 Page City of Corpus Christi / Corpus Christi Downtown Management District A defining feature of this neighborhood is the 34 acres of park land called Water's Edge.The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ #3 Boundaries and recently completed a $325 million upgrade. This area has had multiple district names.... Municipal Ordinances §311.011 (b) (2) Changes to municipal ordinances in TIRZ#3 may include: requirements for vacant buildings, requirements for vacant land, development codes to support residential and recreational activity, design requirements to support the downtown character. City Planned Improvements (Non-Project Costs) §311.011 (b) (3) The City operates a robust public improvement program, utilizing voter approved bond funds, capital improvement funds, and general fund improvements. Recently completed projects and planned projects are listed below. Project Source Timeframe Cost Status as of 1/2023 Shoreline Realignment Bond 2008 Ongoing $13,000,000 Done SEA District Pedestrian Bond 2012 2015-2016 $500,000 Done Improvements Chaparral Street Two Way Bond 2014 2015-2016 $9,000,000 Done Conversion Water Street Improvements Bond 2014 2015-2016 $5,000,000 Done Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Done Wayfinding Program HOT Funds 2022 $500,000 In Progress Shoreline Crosswalks Bond 2018 2022 $850,000 In Progress Downtown Lighting Bond 2018 2023 $650,000 Pending Design Broadway Bluff Balustrade Bond 2022 2023 $2,600,000 Pending Design Stabilization Water Street Reimagined CIP & Estimated to Pending Design Future Bond Future cost $20,000,000 Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 will participate in projects that support the development and economic activity projected in the DADP. With vast vacancy and deferred maintenance, these public private partnership programs provide frameworks that create a signal for private sector investment. The focus is on street level vibrancy, residential and mixed-use development. Generally, TIRZ#3 will aim to provide under 20%of project cost, but may provide up to 30%for catalytic projects and excessively blighted spaces. Exceptions may be made 61 Page City of Corpus Christi / Corpus Christi Downtown Management District tothe guidelines below for catalytic projects with TIRZ#3 Board approval.The DMD is contracted through interlocal service agreement to manage the programs and initiatives below. Estimated project cost is$25 million, equivalent to the anticipated revenues. TIRZ #3 will make funding available for five targeted development programs and additional initiatives: 1. Targeted Vacant Property Improvement Grant Program (Created 2016) — This matching grant program will support and encourage private investment in the built environment along Chaparral Street and Mesquite Street. Due to its"Main Street" characteristics and its function of connecting the Marina Arts District and SEA Districts, Chaparral Street is a first phase priority for successful revitalization of TIRZ #3. Due to the vacancy rate and existing building stock along Mesquite, it is a second phase priority.TIRZ#3 will consider a 50/50, on renovation construction costs. 2. Commercial Finish-Out Grant Program (Created 2016) — To create more dining, retail and entertainment venues, TIRZ #3 will agree to reimburse approved new tenants and owner-occupied finish-outs at a maximum rate of$10 per square foot. For an owner-occupied business to qualify for finish out or remodels, the incentive, they must be established for at least 10-years. Evidence of operation must be provided upon application submission. Qualified finish-out expenses include floor and wall upgrades, HVAC, kitchen equipment, and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Landlord Policy — Due to severe lack of building maintenance, many buildings require significant mechanical, electrical, or plumbing repairs that cannot be funded by a small business tenant. Thus, 50%of Mechanical, Electrical or Plumbing Costs (Up to$20,000) will be available to the landlord with a new tenant if that landlord provides a 6-month rent waived lease on first-floor, active street use projects. Micro Grant Policy - smaller scale, expedited $10,000 micro-grants can be approved by the City Manager, or his designee, and administered by DMD and City Staff. Approved agreements will be reported to TIRZ#3 Board at the next Regular Meeting following award. 3. Downtown Living Initiative (Created 2016)—The DADP stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the investor return made investment attractive. This figure has been confirmed in subsequent residential demand studies.To stimulate development, TIRZ#3 will provide a $30,000 per unit reimbursement grant for multi-family developments of over 3 units that meet the required design criteria. Additional per unit funds may be allocated, up to 30%of the per unit development cost for vacant building rehabilitation, office conversion or new construction. Depending on the scale of the project, this may be paid in a lump sum or over a period of several years from increment generated by the project. 4. Project Specific Development Agreement (Created 2016) —In situations where higher development costs create a financing gap,TIRZ#3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro-forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq.ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third 71 Page City of Corpus Christi / Corpus Christi Downtown Management District party review to justify any additional reimbursement, based on the"but,for" principle.The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities S. Streetscape and Safety Improvement Program (Created 2018) — Following the 2017 Traffic & Planning Analysis, TIRZ #3 created a program to assist with improvements that increased quality of streetscapes and safety in the zone. This includes reimbursement of 50%of costs for exterior fagade, patio improvements, parklets, sidewalk and patio cafes, lighting, security, and other items identified as meeting the spirit of the program. Additionally, the roof of a vacant structure will qualify if the scope of work includes activating the property. Smaller scale expedited $10,000 micro-grants can be approved by the City Manager, or his designee, and administered by DMD and City Staff. Approved agreements will be reported to TIRZ#3 Board at the next Regular Meeting following award. Projects supported through these programs will be updated in Exhibit E. Through an interlocal agreement with the DMD, TIRZ #3 will pursue development initiatives in four categories: 6. Site Management & Vacancy Development —TIRZ #3 developed a program to activate vacant properties within TIRZ#3, resulting in the adoption of a downtown vacant building ordinance in 2018. The program will establish minimum requirements for vacant properties and designate registered properties as eligible for incentives or emergency stabilization funding. Funding will be allocated to establish and administer the program. In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties.Additionally,TIRZ#3 may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. Target properties include: • The Ritz Theater (1929) • The Montgomery Ward Building (1936) • Blacknall Auto Dealer(built 1912) 7. Parking Development—In 2016 TIRZ#3 conducted a study to develop a strategic approach for parking in the Downtown and fund implementation steps. TIRZ #3 will continue to fund implementation of this study, as well as further analysis to develop the parking system into a functional business model. This includes improving public parking facilities such as on-street spaces or off-street lots and structures. Additionally, TIRZ #3 may support any efforts for appropriate parking management infrastructure such as meters, lot improvements, structured garages, and occupancy monitoring systems. 81 Page City of Corpus Christi / Corpus Christi Downtown Management District 8. Public Space, Right of Way & Streetscape Development — In 2017, TIRZ #3 conducted a study to strategically approach traffic patterns and movement throughout the zone. TIRZ #3 may contribute to implementation of the study, infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting,etc.).Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements, as listed below: • Artesian Park & La Retama Park Rehabilitation - $150,000 in FY 20 and $50,000 Annually for new improvement projects. • Special Purpose or Pocket Parks, Including Norma Urban Park, Sherrill Park, and Spohn Park. • Two Way Street Conversions -$400,000 in FY 21 • Right of Way Maintenance-$100,000 Annually • Broadway Bluff Balustrade Maintenance and Repair Assessment • Water Street Reimagined -$25,000 in FY 21,Additional Funding for Implementation • Agnes Laredo Entrance Reimagined • Lighting Improvements • Pedestrian Improvements 9. Targeted Office to Residential Conversion Program (Created 2023)- Requirements Only the properties listed below will be eligible for this program. Properties not included on this list may be considered on an individual basis. The project requires a minimum improvement investment amount of $5,000,000 (not including the purchase of the building or demolition) and must create a minimum of 25 residential units. The total allowable reimbursement is not to exceed 30% of the construction cost associated with the conversion or in support of the conversion. Performance milestones will be included in the agreement and these milestones may include: • Securing financing • Permit submittal • Construction start • Project completion The project must include exterior design features such as architectural lighting and design-oriented landscaping. This program may be layered with the Downtown Living Initiative & Streetscape programs only. This program will expire on 12/31/25. Applications must be submitted prior to this date to be considered. Eligible Expenses for Reimbursement • 50% Reimbursement for Eligible Improvements include: o Mechanical, Electrical, & Plumbing o Structural (Exterior walls, roof,foundation, building core, and stairwells) o Fire Safety o Elevator (Cabin structure, cable & hydraulic systems, and mechanical or electrical systems) o Not intended for cosmetic or programming improvements o Environmental Remediation: i.e. asbestos, lead, and other recognized environmental conditions (RECs) o Parking Garage that includes a portion available for public parking • While reimbursement is intended for the residential conversion costs only, improvements to non-residential portions of the building may be deemed an eligible expense if they support 91 Page City of Corpus Christi / Corpus Christi Downtown Management District the converted residential units and are included on the list of expenses eligible for reimbursement under this program. • Developer reimbursement payout to be within 5 years after the completion of the project but a shorter payout period may be considered. Reimbursement schedule dependent upon available TIRZ fund balances. Eligible Building List Building Building Name Address Name Address Bayview Tower 400 Mann Park Tower 710 Buffalo The Guaranty Title Bldg 921 N Chaparral Chamberlain 807 N Upper Broadway Caller Times Bldg. 820 N Lower Broadway 802 NC 802 N Carancahua Petroleum One Shoreline Plaza 801 N Shoreline Tower 811 N Carancahua Former Wells Furman Plaza 418 Peoples Fargo Bldg 615 N Upper Broadway American Peoples Street Bldg. 402 Peoples Bank Plaza 711 N Carancahua Plains Capital Bank Tower 500 N Shoreline 600 Building 600 Leopard 1st Community Bank Tower 500 N Water Wilson Plaza 606 N Carancahua Former Supreme Lending Bldg. 325 Mesquite Tower II 555 N Carancahua Borden Insurance Bay Building 101 N Shoreline Bldg 210Carancahua 10. Technology, Innovation, and Startup Ecosystem Development — TIRZ #3 contains over 3,000,000 square feet of office space that has maintained a high level of vacancy since the late 1980's. TIRZ#3 will support the development of an ecosystem where technology, innovation, startups, and entrepreneurs may launch new enterprises and contribute to the economic development of the downtown area. Specific projects may include Wi-Fi expansion, a co-working space, business incubator, and other platforms, in partnership with the DMD, CCREDC, Texas A&M University Corpus Christi, Del Mar College, and other innovation-oriented institutions. Finally, TIRZ #3 will compensate the City and the DMD (subject to an interlocal agreement between the TIRZ #3 and the DMD) for the costs of ongoing administration of TIRZ #3, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study§311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In support of the DADP,Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Additional analysis have been undertaken to keep data updated. Those studies include: 101 Page City of Corpus Christi / Corpus Christi Downtown Management District • 2014 Residential Market Potential (Zimmerman/Volk) • 2014 Retail Market Analysis & Strategy(Mike Berne) • 2014 Hotel, Office, Retail (W-ZHA, Sarah Woodworth) • 2014 Incentives & Development Economics (W-ZHA, Sarah Woodworth) • 2017 Residential Analysis- (RCLCO) • 2021 Residential Analysis- (RCLCO) • 2021 Retail Leakage Report—(The Retail Coach) Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non-bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the TIRZ#3 based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. Annual Budgets are included in Exhibit C. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ#3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the TIRZ #3 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. • If future TIRZ #3 revenues to support debt service payments are anticipated, the TIRZ #3 may also issue bonded debt, the term of which will not extend past the expected life of the TIRZ#3. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ#3. The City,County,and Del Mar College have agreed to participate in funding TIRZ #3 with 100% of the incremental property taxes collected over the life of the Zone. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2018 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: 111 Page City of Corpus Christi / Corpus Christi Downtown Management District These estimates will continue to be monitored and adjusted annually. Sources of Revenue Year Increment Value Tax Revenue Fiscal Year City County Del Mar Total City County Del Mar TOTAL FY 10 8,938,611 - - 8,938,611 50,400 - - 50,400 FY 11 21,931,959 4,698,427 4,674,139 31,304,526 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,269 15,290,811 53,522,776 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,987,148 38,041,488 120,938,931 250,533 136,845 98,148 485,526 FY 14 1 56,814,718 51,751,996 50,602,120 159,168,834 332,516 176,474 126,842 635,832 FY 15 61,641,842 57,170,457 55,257,674 174,069,974 359,150 189,203 137,079 685,432 FY 16 73,819,407 81,480,890 80,084,765 235,385,063 447,540 254,977 198,669 901,186 FY 17 82,672,144 96,768,777 95,440,711 274,881,633 501,211 294,266 234,936 1,030,413 FY 18 90,723,843 94,622,680 98,178,819 283,525,342 550,026 287,740 241,676 1,079,442 FY 19 96,280,721 110,962,179 117,040,051 324,282,951 583,715 337,427 288,105 1,209,247 FY 20 105,165,951 111,267,007 123,927,631 340,360,589 637,583 338,354 305,059 1,280,996 FY 21 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 1,422,751 FY 22 121,974,293 130,414,841 155,674,539 408,063,674 739,486 396,581 383,207 1,519,274 FY 23 130,351,758 147,214,456 178,552,529 456,118,743 790,276 447,667 439,523 1,677,466 FY 24 141,527,057 152,497,010 194,956,096 488,980,162 858,028 463,731 479,902 1,801,661 FY 25 151,580,816 170,089,008 221,442,870 543,112,694 918,980 517,227 545,102 1,981,309 FY 26 164,264,179 178,010,361 243,673,527 585,948,067 995,875 541,315 599,824 2,137,014 FY 27 176,220,443 196,790,562 275,051,046 648,062,051 1,068,361 598,424 677,063 2,343,848 FY 28 190,697,246 207,528,945 304,184,757 702,410,948 1,156,129 631,079 748,778 2,535,986 FY 29 204,825,030 227,919,904 341,971,692 774,716,626 1,241,780 693,086 841,794 2,776,661 Bold=Actuals $12,418,634 $ 6,763,292 $ 6,752,435 $25,934,361 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District,the 2009 certified taxable appraised value for the Zone is $310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 2.5% annual value appreciation rate for existing development, based on actual property value growth and do not take into account future investments. Duration of the Zone §311.011(c)(9) TIRZ #3 will exist until 2028, however, City may extend the term of the TIRZ #3 by ordinance and other taxing entities may choose to participate for the additional term. 12 1 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A— Boundaries & Land Use � Shr{r Channel -..,.---_...... , Tax Increment Finance District#3 7 r =� M sPik) mnicr m �� = �� poi■o �,, ■ ■® OilQ W `- � • TIRZ Boundary • SEA District • Uptown Q �� • Marina Arts District(DMD) • Bad Park r . ` r 1 � Legend - I:I__ �} f s ' ` cayor L cenwia CO LIN e.:.. ���s-,. ■ � `-� °'tom` m w PrePy,O By.Mee .� Piro, 091 ty&C y,Q'ioDeY 18 200 5 J:-1 V AN � J Pooled.Sowce:City&Corpus Ghnsd 1—C.,ixcos 13 gage City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B. - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi—Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi—Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50'feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line,being 50 feet on the East side and parallel with the breakwater,following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an"A-2"zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said"A-2"zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second"A-2"zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement,inside the Marina Del Sol Boat Harbor,for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3,Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3,Block 1 of Marina Del Sol Subdivision,540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue,to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street,passing Furman,Coleman,Park,Agnes,and Laredo Street,to a point in the centerline where South Tancahua becomes North Tancahua,and continuing along North Tancahua,passing Kinney, Blucher,Comanche,Lipan, Leopard,Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H.37,for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H.37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended,to its intersection with the north right-of- way line of West Broadway Street,for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1,Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1,Block 58 out of the Beach Addition,to its Southwest corner for a point; 141 Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common,West boundary line of Lots 1 thru 6,Block 58,of the Beach Addition,to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue,for a point; Thence Southwest along the centerline of Port Avenue,to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi—Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10%or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 151 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C. -Tracking List of Project Plan Changes By Year April 2009—Expansion of Boundaries March 2012 -Correction of Termination Date August 2014-Correction of Board Composition First Amendment (FY 2015) — Overhaul and update of the project and financing plan based upon new market information and the Downtown Area Development Plan findings. Second Amendment (FY 2017)—To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College's extended participation to the end of the Zone. Note:Schedule of Project Expenditures(Page 7)updated as Exhibit C—FY2017 Project Plan Budget. Third Amendment (FY 2017)—this Amendment renames the (5) Site Assembly & Development category to(5)Site Management&Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. Note:Schedule of Project Expenditures updated as Exhibit C—FY 2018 Project Plan Budget. Fourth Amendment(FY 2018)—this Amendment extends the four Incentive Programs for an additional 3-year period and includes the new FY 2019 Budget as Exhibit C. It also provides an updated Sources of Revenue table showing the projected revenue of the TIRZ over time. Fifth Amendment (FY 2021)—this Amendment incorporates implementation that occurred in FY 2020 and refines parameters for more aggressive incentives for FY 21 based upon the remaining rehabilitation hurdles and economics. Sixth Amendment(FY 2021)this Amendment modifies two incentive programs to expand their impact— New Commercial Tenant Finish Out and Chaparral Street Property Improvement Grant. This Amendment modifies the Streetscape and Safety Improvement Program to extend eligibility to patio cafes as an exterior improvement. Seventh Amendment(FY 2022)this Amendment modifies the New Commercial Tenant Finish Out Program remove the "New" and "Tenant" from the qualifying requirements to become "Commercial Finish-Out Program"to expand the qualifying categories. Eighth Amendment(FY 2023)this Amendment adds Innovation and Tech Led Economic Development. Ninth Amendment(FY 2023)this Amendment increased per unit incentive for the Downtown Living Initiative to $30,000 or$30,000 of per unit development costs; added roofs as a qualifying category for Streetscape & Safety Program and added special use and pocket parks to Public Space, Right of Way and Streetscape Development. 16 1 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit D. Downtown Development Projects Performance Incentive Completed Projects Address Incentive TIRZ Meeting Deadline Project Cost Incentive Value Paid Out The Chamberlain 807 N Upper Broadway Project Specific 9/17/19 3/31/21 $ 11,000,000.00 $ 520,000 $ 520,000 Frost Bank 501 S Shoreline Project Specific 10/24/17 3/31/21 $ 35,000,000.00 $ 600,000 $ 600,000 Marriott 309 N Shoreline Project Specific 11/15/16 11/30/19 $ 15,000,000.00 $ 940,000 $ 148,965 Stonewater(401 S Water) 401 S Water Project Specific 5/15/18 6/30/19 $ 755,000.00 $ 200,000 $ 200,000 Centre Theatre LLC(301 Chap) 301 N Chaparral Chap Street 7/24/18 4/30/19 $ 18,964.00 $ 9,482 $ 9,482 Centre Theatre LLC(305 Chap) 305 N Chaparral Chap Street 7/24/18 4/30/19 $ 18,964.00 $ 9,482 $ 9,482 H2O Market Trust-Lucy's 312 N Chaparral,Ste.A Chap Street 12/4/18 4/1/19 $ 72,465.00 $ 20,390 $ 20,390 Chels Marie 903 N Chaparral Chap Street 11/20/18 $ 16,878.00 $ 8,439 $ 8,439 Urbana 424 Chaparral Chap Street 1/26/16 $ 500,000.00 $ 72,000 $ 72,000 BUS 702 N Chaparral Chap Street 2/1/17 2/1/18 $ 940,000.00 $ 100,000 $ 100,000 Limerick Apts(Ronjo V) 201 S Chaparral DLI 9/17/19 8/31/20 $ 1,700,000.00 $ 220,000 $ 220,000 Studio 44 Apts 817N Carancahua DLI 4/12/16 7/31/19 $ 2,900,000.00 $ 185,000 $ 185,000 Muse Bistro(Tenant) 414 Starr New Tenant 1/28/20 10/31/20 $ 40,000.00 $ 7,888 $ 7,888 Fresco(Tenant) 619 N Chaparral New Tenant 3/19/19 7/31/19 $ 92,000.00 $ 22,640 $ 22,640 K Space(Tenant) 623 N Chaparral New Tenant 2/29/20 2/29/20 $ 32,450.00 $ 6,490 $ 6,490 CreBive Culture(Tenant) 423 William New Tenant 2/27/18 $ 34,548.00 $ 6,910 $ 6,910 Nueces Brewing(Tenant) 4015 Water New Tenant 5/15/18 6/30/19 $ 1,070,000.00 $ 61,700 $ 61,700 Produce Art Gallery 419 Peoples New Tenant 9/29/20 7/31/21 $ 63,500.00 $ 7,500 $ 7,500 Elizabeth's Art Museum New Tenant 3/30/21 7/31/21 $ 95,533.00 $ 23,280 $ 23,280 Commons New Tenant(Admin) 4/30/21 $ 20,000.00 $ 5,475 $ 5,475 Americano Properties 415-419 Peoples Streetscape 8/27/19 8/31/20 $ 425,000.00 $ 93,450 $ 93,450 Dtown Carwash Club(Tenant) 417 Mesquite Streetscape 12/17/19 10/31/20 $ 500,000.00 $ 45,923 $ 45,923 Aka Sushi 415 N Water Streetscape 11/19/19 4/30/20 $ 434,000.00 $ 117,300 $ 117,300 Dokyo 424 N Chaparral Streetscape 9/17/19 1/31/20 $ 440,000.00 $ 36,527 $ 36,527 Shook 106 N Chaparral Streetscape 2/19/19 9/30/19 $ 6,164.00 $ 3,082 $ 3,082 HOR 623 Mesquite Streetscape 2/19/19 4/30/19 $ 15,572.00 $ 7,786 $ 7,786 The Goldfish Bar(Treiber) 724 Mesquite Streetscape 2/7/20 4/7/20 $ 85,000.00 $ 9,230 $ 9,230 H2O Market Trust-Oyster Bar 309N Water Streetscape 9/23/19 1/31/20 $ 21,964.00 $ 10,000 $ 10,000 H2O Market Trust-Lucy's 312 N Chaparral,Ste.A Streetscape 3/5/19 4/5/19 $ 7,138.00 $ 3,569 $ 3,569 Tim Clower-KSpace 623 N Chaparral Streetscape 8/27/19 3/31/20 $ 40,150.00 $ 20,075 $ 20,075 Visit CC 309 N Water,Ste.D Streetscape(Admin) 11/13/20 1/31/21 $ 465.00 $ 233 $ 233 Rockit's 709 N Chaparral Streetscape $ 21,200.00 $ 10,000 $ 10,000 IBC 221 S Shoreline Streetscape 9/30/18 $ 16,721.00 $ 8,360 $ 8,360 GoldFish(R.Cooper) 724 Mesquite Streetscape $ 2,534.00 $ 1,267 $ 1,267 Water Street Gardens Streetscape(Adm in) 2/5/21 4/1/21 $ 22,000.00 $ 10,000 $ 10,000 AAdi 1001 2nd St Streetscape 4/27/21 9/30/21 $ 168,000.00 $ 24,036 $ 24,036 ESC#2 209N Water Streetscape 7/27/21 10/31/21 $ 37,226.00 $ 18,613 $ 18,613 Aadi Mural 1001 2nd St Streetscape 1/24/22 5/30/22 $ 20,150.00 $ 9,825 $ 9,825 Vernon's 1030 3rd St Streetscape 10/22/21 9/21/21 $ 23,870.00 $ 10,000 $ 10,000 Private Wealth Group 1102 Santa Fe Streetscape 9/21/21 9/30/22 $ 133,500.00 $ 66,750 $ 66,750 Hypebyke 311 Peoples Commercial Finish Out 1/22/22 12/31/22 $ 34,825.00 $ 12,000 $ 12,000 Hybrid Records 417 Peoples Commercial Finish Out 1/22/22 4/30/22 $ 20,000.00 $7,040 $7,040 All Good Fitness 424 Schatzel Commercial Finish Out 5/24/22 1/31/22 $ 100,000.00 $ 39,000 $ 23,010 $ 71,988,456 $ 1,247,452 $ 1,205,952 This will be updated when project plan is amended. 171 Page F,F 7 V-4 n1_7 4 q q F F'��\.O , -0 IF 0 gthProject Plan Amendment FY 23 April 25, 2023 Project Plan Overview cJ 1) Targeted Vacant Building Program 2) Commercial Finish Out Program 3) Downtown Living Initiative * 4) Project Specific Development Agreement 5) Streetscape and Safety Improvement Program 6) Site Management & Vacancy Development 7) Parking Development 8) Public Space, Right of Way & Streetscape Development 9) Technology, Innovation and Startup Ecosystem Development 3) Downtown Living Initiative • RCLCO conducted analysis for the TIRZ #3 Residual Land Values by Product Type and Subsidy Traffic & Planning Analysis Development Downtown Corpus Chds4 Etpo0,00o ESTzaoo $6410C Scenarios in 2018, 2021554ZOW 5500,000 $3,2,0-00 54d,qla • Project Scope: )$500000) 11 DW.000) • Regional Socioeconomic Analysis 11 503.000) • Assessment of Market-Driven Demand ($2°0a°0°) ($2.500,000) • Assessment of Development Costs ($3.OW,000) 4292701 • ($05w000) Rental Renal Garderr5 a Mden-S Multifamily Developer Interviews >� ye Renal Renal Apardnenls Al Rerita6 Renral Tawnhomes Tcwnhomes ($30,OWAlnit(No Su") ApaMtrb Al (5150MIn0(NosuGse,y} sd.4) ($s,00WU. )Nosne�dy7 sumdy) • Most developers agreed that existing TIRZ 3 Al incentives, such as property tax abatements, RESIDUAL LAND VALUES were helpful, but upfront capital raisin LAND USE PER2," PE$1543R LAND SP p , p p g7 Rental Apartments($309[IDlUnit Subsidy) $672 IX11� $,543 labor markets and exit strategies presented "' &'merlS(No sd'S $2927000 ($67.19 Garden-Styte Rental Aparhnents($5 OOOA1nit Subsidy) $542,OD0 $1244 the most significant challenges to new, �� eRenta' artr tints"es°bsl $342,000 $7.85 Rental T°wnhomes($15,000lUnd Suhsidy( $54,900 $1472 ground up high density development Rental Tawnhomes No Subsid $401900 $921 5) Streetscape & Safety Improvement Program Streetscape and Safety Improvement Program (Created 2018) — Following the 2017 Traffic & Planning Analysis, TIRZ #3 created a program to assist with improvements that increased quality of streetscapes and safety in the zone. This includes reimbursement of 50% of costs for exterior fagade, patio improvements, parklets, sidewalk and patio cafes, lighting, security, and other items identified as meeting the spirit of the program. Additionally, the roof of a vacant structure will qualify if the scope of work includes activating the Property, Smaller scale expedited $10,000 micro-grants can be approved by the City Manager, or his designee, and administered by DMD and City Staff. Approved agreements will be reported to TIRZ #3 Board at the next Regular Meeting following award. 8) Public Space, Right of Way c� & Streetscape Development Public Space, Right of Way & Streetscape Development — In 2017, TIRZ #3 conducted a study to strategically approach traffic patterns and movement throughout the zone. TIRZ #3 may contribute to implementation of the study, infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs),and beautification (landscaping in medians, special lighting, etc.).Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements,as listed below: • Artesian Park & La Retama Park Rehabilitation - $150,000 in FY 20 and $50,000 Annually for new improvement projects. • Special Purpose or Pocket Parks, Including Norma Urban Park,Sherrill Park,and Spohn Park. • Two Way Street Conversions-$400,000 in FY 21 • Right of Way Maintenance-$100,000 Annually • Broadway Bluff Balustrade Maintenance and Repair Assessment • Water Street Reimagined-$25,000 in FY 21,Additional Funding for Implementation • Agnes Laredo Entrance Reimagined • Lighting Improvements 9) Targeted Office to Residential c� Conversion Program Downtown office buildings have maintained a lower than average occupancy rate since the mid 1980's. The occupancy rate has only decreased since COVID forced workers from the office to work from home. While office occupancy has remained lower than average, the occupancy for residences has remained high and downtown is in need of more residential units. This program will incentivize office to residential conversions with higher reimbursement percentages and a shortened payback period. Requirements Eligible Expenses • Properties from approved property list 0 Up to 50% reimbursement of MEP, • Minimum investment-$5.01M Structural Improvements, Fire Safety, • Minimum units-25 Elevator, Environmental Remediation, • Total reimbursable expenses not to and Parking Garage Improvements exceed 30% of the conversion cost 0 Payout to be within 5 years after • Program may be layered with DLI and completion Streetscape programs only • Program sunsets on 12/31/25 6 VISIONTHEMESAND POLICY INITIATIVES Th achiese DADPp1a¢ •the City sad partruerA k halderashould focuson 16amain initiatives thstwill produce rerwtts aerwi¢g thefivevirao¢themes. C p Cp. ry r,11% �F ar vly�d7 ^• j'^d INITIATIVES asf � 'a ift UtIlLeTlEft]toutlakrnarkeY-0rhenderelopmentwltr leelhle.ei9ecmerS ` opr�ons sercing ane ddferent lnaenthn needs of fdterent pmtt V Tug eItax anatement am iotnerIncenwes to remturce negnnomoodswrm r ner jan and md&1-Intome Mmslllg development ki famacthey encoirage redevelopmernof well-locatea underutnlxm Y f pmpentes. Focus Irdrasaruc�lre Imestmen[s[a max Imte lexerage of prha� fi � r f sectararhestmeRL !Organize parking at 9 uwt stale to Increaseconvemence and eftlency. Acarrey manage event traffic. f 0 Tramform old Hdrnor Bruge ld11MMKture td Cannt[1 OSn[ttS MC111e naywnnwalkaaleotvedopment and guess. Dndemrl tlestlmation arts and retain prdgfammmg. 0 FFRRI bashing links In Cdrpms Ciriff5 sgnaturewaterflont park and f ilii Creak,clean.safe.wokoming ptaces. It, 1 se o H v AGENDA MEMORANDUM NOORPOHPI Public Hearing and First Reading for the City Council Meeting of April 25, 2023 1852 Second Reading for the City Council Meeting of May 9, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at 1802 Nueces Bay Boulevard CAPTION: Case No. 0323-01, Citgo Refining and Chemicals Company, LP (District 1). Ordinance rezoning property at or near 1802 Nueces Bay Boulevard from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District; providing for a penalty not to exceed $2,000 and publication. PURPOSE: The purpose of this item is to rezone the property to allow for the relocation of an onsite, employee-only, medical facility. BACKGROUND AND FINDINGS: As detailed in the zoning report, the subject property is 0.81 acres in size. To the north, properties are vacant, zoned "RS-6" Single-Family 6 District. To the south, east, and west the uses are professional office, zoned "ON" Neighborhood Office District. The "ON" Office District permits office uses, apartments, commercial parking, overnight accommodation uses except for a bed and breakfast home, educational facilities, government facilities except for detention facilities, medical facilities, places of worship, and community service uses. The proposed rezoning is consistent with the Future Land Use Map and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. The rezoning of the subject property unifies the zoning of the entire block, all of which is owned by the applicant. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District on March 8, 2023. Vote Results For: 7 Against: 0 Absent: 1 Abstained: 1 ALTERNATIVES: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District on March 8, 2023. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0323-01, Citgo Refining and Chemicals Company, LP (District 1). Ordinance rezoning property at or near 1802 Nueces Bay Boulevard from the "RS- O" Single-Family 6 District to the "ON" Neighborhood Office 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 appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; 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 0.808 acres out of Lot 1AA, Block 4A, Sunset Place Addition, as described/shown in Exhibit "A": From the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. The subject property is located at or near 1802 Nueces Bay Boulevard. Exhibit A, a metes and bounds and associated map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 5 EXHIBIT A: Metes and Bounds and Associated Map NVY111B IJEVELOPMMT,LLC ENGINEERING DIVISION 9510 leopard 4,toupus O fm,n 78410 RWWw gosinutlevefopmeollool Office:(361)241.2.777•Fax:(361)2442200 EDIT B METES AND BOUNDS DESCRIPTION OF 0.808 ACRES(35205 S.F.) OUT OF ADVIINTSTRATIVE PLAT SUNSET PLACE ADDITION BLOCK 4A,LOT lAA Being 0.808 acres of land.more or less.out of Block 4A.Lot IAA.Adlninistrative Plat of Sunset Place Addition recorded ui Volume 69,Page 988..Map Records Nueces County.Texas and said 0.808 acre tract being more particularly described by metes and bounds as follows: Beginning at the northwest corner of this tract.said corner being on the centerline of John Street and bearing S 60-31-30 E, 114.7'feet,N 29-28-30 E,25.00 feet.from the point of clin,ature on the south right of way line of John Street for the ctttve at the northwest earner of said Block 4A.. Lot 1AA: Thence S 60-31-30 E with the centerline of John Street,201.17 feet,to the northeast corner of this tract: Thence 5 29-28-30 W with the east boundary line of this tract_.at 25.00 feet pass the south right of way lune of John Street.in all 175.00 feet.to the southeast corner of this tract: Thence N 60-31-30 W with the south boundary line of this tract.201.17 feet.to the southwest corner of this tract: Thence N 29-28-30 E,with the west boundary line of this tract. at 25.00 feet pass the south right of way lune of John Street,in all 175.00 feet.to the POINT OF BEGINNING and containing 0.808 acres of land(35,205 ft2).more or less. Notes: 1. Metes and bounds description based on map recorded in Voltnne 69,Page 988. Map Records Nueces County,Texas. 2. Drawing acconnpanies this metes and bounds description. GO%,LVD DE'V'ELOPMENT. LLC KE QF TE. George Rubalcaba.RPLS.LSLS GEORGE RUB/+LCAd3A Survey Group Manager R 4229.'...' .. d S16 R'J Revised 03/13/2023 revised per city redlines. Rev.3113123 Description referenced only to recorded plat un Vohnue 69_Page 988,M.R.N.C.T. Page 4 of 5 S� M,�FRS� RM- 1 IH RS- BJE as w SUCT i �� �� PROPERTY ON 0 �v �FMpSFyST ON CASE: 0323-01 SUBJECT PROPERTY WITH ZONING ® a Subject Property A-1 ApartrnePit House Diatnct F7 Limited Industrial District A-1A Apartrnent House District 1-2 Light Industrial District A-2 Apartrnent House District 1-3 Heavy Industrial District AB P"k"'nonal Office District PUD Planned Unit Development AT Apartrnent-Tourist Dismct R-tA One Family Dwelling Distnct SU$JECT B-1 Neighbhoo ord Business Dismct R-1B One Family Dwelling Di9nct &}] B-1A NellB��neaa Dismt R-1C One Family Dwelling Distnet PROPERTY B-2 Bayhont Business Dmb-t R-2 Multiple Dwlling District Lwperd 6i B 2 Barrier Island Business Distnct RA One Family Dwelling Distnct Corpus B-3 Business District RE Residential Estate District ChrIS11 Bd General Business Dismct R-TH Townhouse Drelling Dismct B-5 Primary Busi—District SP Special Permit Bfr Primary Business Core District T-1A Travel Trailer Park District +-��' A9lews at BD Corpus Christi Beach Design Dist- T-1B Manutactured Home Park District ( ',l�'o t Esi i,HERE F-R Farm Rural District T-1C Manufactured Home Subdivision g .. HC Histonral-Cultural Landmark Dismc C ctrpus w,wn LOCATION MAP Preservation Page 5 of 5 ZONING REPORT Case # 0323-01 Applicant & Subject Property City Council District: 1 Owner & Applicant: Citgo Refining and Chemicals Company, LP Address: 1802 Nueces Bay Boulevard, located along the east side of Nueces Bay Boulevard, south of John Street, and north of Nueces Street. Legal Description: Lot 1AA, Block 4A, Sunset Place Addition Acreage of Subject Property: 0.81 Acres Pre-Submission Meeting: January 23, 2023 Zoning Request From: "RS-6" Single-Family 6 District To: "ON" Neighborhood Office District Purpose of Request: To allow for the relocation of an onsite, employee-only, medical facility. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Professional Office North "RS-6" Single-Family 6 Vacant South Commercial East "ON" Neighborhood Office Professional Office West Plat Status: The subject property is platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing John Street, Street Floral Street Local Street 2 Lanes, 2 Lanes, 50 feet 30 feet Dempsey 2 Lanes, 2 Lane, Divided, Street Local Street 50 feet 50 feet Zoning Report Page 2 Nueces Bay "A2" Secondary 4 lanes, 4 Lanes, Boulevard Collector 100 feet 50 feet Transit: The Corpus Christi RTA provides service to the subject property via Route 12 Hillcrest/Baldwin with a stop at John Street and Palm Drive. Bicycle Mobility Plan: The subject property is approximately '/2 mile to the west of a proposed Bicycle Boulevard on Lexington Avenue. Utilities Gas: 6" WS line along Dempsey Street to the south of the property. Stormwater: 15" RCP along Floral Street to the east of the property. Wastewater: 8" VCP service line along Floral Street to the east of the property. Water: 6" ACP line along John Street. 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 Downtown Area Development Plan (Adopted on May 28, 2013). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed • 7 within a 200-foot notification area • 3 outside 200-foot notification area In Opposition . 0 inside the notification area • 0 inside the notification area • 0% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: Wednesday, March 8, 2023 City Council 1St Reading/Public Hearing Date: April 25, 2023 City Council 2nd Reading Date: May 9, 2023 Zoning Report Page 3 Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Economic Development ■ Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. • Promote strong lines of communication between local government and businesses to ensure timely responses to business needs. • Promote programs that identify optimal sites for industrial uses o Future Land Use, Zoning, and Urban Design ■ Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage orderly growth of new residential, commercial, and industrial areas. • Future Land Use Map: The proposed rezoning is consistent. o Designated Future Land Use: Commercial. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning, it does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The proposed rezoning is consistent with the Future Land Use Map and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o The rezoning of the subject property unifies the zoning of the entire block, all of which is owned by the applicant. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission & Staff Recommendation: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. Attachment(s): A. Existing Zoning and Notice Area map. B. Metes and Bounds Zoning Report Page 4 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA x RM- I 1'Fl RS- UEJEC - Ph'0 E14TY F ON ON CASE: - 14 [. SUBJECT PROPERTY WITH ZONING Sub�t;, Frop—.j "IA Apwlhrr Har.Nwwd Q [mel uxs,a.1 ra.u°j �. A,2 Ar..v,rr Har•cmd 45 rrr ril�cf��rD�.x ; AB ReAwes,vr 0&.Case[ FUD F7wrre un Cw..pn.n T AT 04rv,r&7.Aw Oren[ Ib14 Orr Fm1p Owns C>o y S1J6JFC &i N.WN c t� 8�=Drug[ Ibis C..Fr iv C�+�s 0r &i4 N.WN tk 9�r,rr Dm� rblC 6.Fr iv C.rllrs Dwe PROPER rr M BryYw[&airr Nim R-2 MAp.Dew.mw Dims B,2A Bi~M &,w. Darrax RA Orr Fr to C.�rw Gwwxi �._.q�...d ei C D, u: �wwy M B�i7rrr CRE A war:[r Ebb DwMa a` Ba G r .B� D.ou IbTH '6w�,sw..Cully Drlai BE Rlr�,+Brrr.L. BF• ,r Be Rl—N e,.k r\WIE!C.wki '. w m T,.k.F.R Dh Im l. � !�41 ED Ck W Cr RD.spDIr T-^e Wim..rr..Pln[SrrY .ity E_• -E-:_ F-R F. R.r Lro T-,. rw.o.l.elrr_.Irr,e&caY.rn C'orpu4 A7I(Nw MAP Ht Hl.urcrfilnrr uiarrti [ti.Iles { h ri;I Zoning Report Page 5 ATTACHMENT B: METES AND BOUNDS DEVEL OPMEAT,LLC ENGINEERING DIVISION 0510 leopard SL•tmpus(hristi,n 78410 11"W.gosindd env elopnent.com office:(361)2412777•Fax:1361)241.2200 EXHIBIT B NIETES AND BOUNDS DESCRIPTION OF 0.808 ACRES(35205 S.F.) OUT OF ADVIINTSTRATWE PLAT SLT_`SET PLACE ADDITION BLOCK 4A,LOT IAA Being 0.808 acres ofland.more or less.out of Block 4A.Lot IAA.Administrative Plat of Sunset Place Addition recorded in Vohune 69,Page 988.Map Records Nueces County..Texas and said 0.808 acre tract being more particularly described by metes and bounds as follows: Beginning at the northwest corner of this tract.said corner being on the centerline of Johu Street and bearing S 60-31-30 E•114.77 feet.N 29-28-30 E,25.00 feet.from the point of curvattue on the south right of way line of John Street for the curve at the northwest corner of said Block 4A, Lot lAA: Thence S 60-31-30 E Aith the centerline of John Street.201.17 feet,to the northeast corner of this tract: Thence S 29-28-30 W with the east boundary line of this tract..at 25.00 feet pass the south right of way lire of John Street,in all 175.00 feet.to the southeast corner of this tract: Thence N 60-31-30 W with the south boundary line of this tract,201.17 feet.to the southwest corner of this tract', Thence N 29-28-30 E.with the west boundary line of this tract..at 25.00 feet pass the south right of way lune of John Street,in all 175.00 feet.to the POINT OF BEGINNING and containing 0.808 acres of land(35_.205 ft'),more or less. Notes: 1. Metes and bounds description based on map recorded in Vohune 69,Page 988, Map Records Nueces County,Texas. 2. Drawing accompanies this metes and bounds description. GON'IND DEVELOPMENT.LLC r y.¢w �RFa.s George Rubalcaba.RPLS..LSLS GEORGE RUBN CA6A Survey Group Manager 4 4229...... t . AQ SU R q Revised 03/13/2023 revised per city redlines. Rev.3113123 Description referenced only to recorded plat in Vohune 69,Page 988,M.R.N.C.T. Zoning Case 0323-01 Citgo Refining and Chemicals Company, LP DISTRICT 1 Rezoning for a property at 1802 Nueces Bay Boulevard "BO From "RS-6" to the "ON" w XU WT V1, SUBJECT, ' ���"���LFF `, T• PROPERTY LOCATION MAP 7. #� City Council April 25, 2023 Zoning and Land Use Proposed Use: A A` To allow for an onsite, employee-only, medical facility. V VAC soms. A Area Development Plan: Downtown (Amended May 28, 2013) 0 vA� A` Future Land Use Map: Commercial �r Existing Zoning District: "RS-6" Single-Family 6 QY� O Adjacent Land Uses: • North: Vacant, (Zoned: RS-6) s`rs. • South, East and West: Professional Office (Zoned: 1 _ _ ON) Public Notification 7 Notices mailed inside 200' buffer 3 Notices mailed outside 200' buffer RSsj n -� IH 6 Notification Area i RS-6 ,a s Opposed: 0 (0%) Separate Opposed Owners: 0 ON jIn Favor. 0 (0.00%) M "Notified property owner's land in SQF/Total square N ON footage of all property in the notification area = Percentage of public opposition. Staff Analysis And Recommendation • The proposed rezoning is consistent with the Future Land Use Map and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. • The rezoning of the subject property unifies the zoning of the entire block, all of which is owned by the applicant. PLANNING COMMISSION & STAFF RECOMMENDATION: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. F= E �O S UBJEC-T Fy ST CASE: 0323-01 �,�,�yN�y^�p W 0�1Ni"E Aerial View s ® Subject Property m� 3 SUBJEC PROPERTY Corpus Christi A'g".St City of Esri, MERE N Christi Corpus a°dw LOCATION MAP so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, P.E., Director of Public Works ErnestoD3Ca)-cctexas.com 361-826-1677 Resolution Concurring with the Public Work Department's recommendation to amend the Infrastructure Management Plan (IMP) CAPTION: Resolution amending the City's FY 2020-2025 Infrastructure Management Plan work approach to focus more on street rehabilitation addressing more neighborhood streets at a faster pace. SUMMARY: A resolution which concurs with the Public Works Department's recommendation to amend the Infrastructure Management Plan (IMP) to focus on preventative maintenance and rehabilitation for citywide streets projects. BACKGROUND AND FINDINGS: On October 27, 2020, Public Works established the IMP which provides a five-year structured program schedule for streets. The first two years of the IMP are considered to be complete in the planning process, while the subsequent three years are considered to be on a rolling list that is utilized for planning purposes. The IMP has been in effect for three fiscal years. To date, the completed percentage for each fiscal year is as follows: Fiscal Year Percent Complete FY 2021 85% FY 2022 55% FY 2023 2% The Infrastructure Management Plan is carried out between four street programs: Residential Street Rehabilitation Program (RSRP), Street Preventative Maintenance Program (SPMP), Public Works In-house operations, and the Concrete Street Maintenance Program. From its conception, the purpose of the IMP was to provide rehabilitative and preventative maintenance work to city streets. However, the programs have experienced scope creep over time which has led to the scope of work for infrastructure projects to be expanded beyond the original intent of the programs. In addition, the increasing scope of work has resulted in additional time needed to complete projects. The Public Works staff has monitored the productivity of the IMP's first two years and has determined that the rate of reconstruction for local streets is six centerline miles per year while the rate of degradation is estimated at twelve centerline miles per year. Due to the decades of neglect, the current situation is that local streets are deteriorating at a faster rate than they can be reconstructed. Under the current approach, staff estimates it will take 62 years to address the "Failed to Very Poor" category of residential streets alone. In light of these findings, Public Works is recommending amending the IMP strategy to focus on preventative maintenance and rehabilitation for citywide street projects using a "pavement only approach". Under the proposed approach, streets would receive mill and overlay and spot base repairs where required. The Pavement Only approach will not include stormwater, utilities, or sidewalk repair (with the exception of highly deteriorated cases). The Pavement Only approach is predicted to reduce the time to address the "Failed to Very Poor" streets from 62 years to 12 years. This recommendation will help the IMP function more effectively and efficiently by maximizing funds towards an improvement pavement surface. ALTERNATIVES: An alternative would be not to approve this plan and continue reconstructing local streets. This would result in further delay in construction of local streets and loss of productivity. FISCAL IMPACT: N/A Funding Detail: Fund: N/A Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution List of Streets Presentation Resolution amending the City's FY 2020-2025 Infrastructure Management Plan work approach to focus more on street rehabilitation addressing more neighborhood streets at a faster pace WHEREAS, on October 27, 2020, the Public Works Department of the City of Corpus Christi presented City Council with a five-year infrastructure management plan ("IMP"); WHEREAS, the first two years of the IMP are fully planned and underway, projects scheduled for FY2021 are 85% complete and the projects scheduled for FY2022 are 55% complete; WHEREAS, the Public Works Department has determined that in order to rehabilitate more residential streets in the City, they need to focus on rehabilitation and preventative maintenance on the remaining streets listed in the IMP for the remaining three years of the Program. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: 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. Section 2. The City Council hereby adopts the Amended Five-Year Infrastructure Management Plan as attached hereto as "Exhibit A" and incorporated herein by reference. PASSED AND APPROVED on the day of , 2023: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Mike Pusley Everett Roy Dan Suckley Jim Klein Sylvia Campos Page 1 of 2 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2021 2 Kostoryz Brawner Sunnybrook Preservation Concrete Arterial 2021 2 Staples S Barracuda Brawner Preservation Concrete Arterial 2021 3 Kostoryz Sunnybrook Parde Islande Dr Preservation Concrete Arterial 2021 1 Brookhaven Mc Burnett Hwy 77 Rehabilitation In House Local 2021 1 Brookhill Mc Burnett Shelton Rehabilitation In House Local 2021 1 Brookhollow Mc Burnett Deepwater Rehabilitation In House Local 2021 1 Brooklane Deepwater Country Dawn Rehabilitation In House Local 2021 1 Brookside Mc Burnett Country Dawn Rehabilitation In House Local 2021 1 Country Dawn Brookside Sunnyville Rehabilitation In House Local 2021 1 Country Estate Mc Burnett Cox Rehabilitation In House Local 2021 1 Countryside Cir Brookhill Dead End Rehabilitation In House Local 2021 1 Cox Cir Country Estate Selton Rehabilitation In House Local 2021 1 Deepwater Cir Brooklane Dead End Rehabilitation In House Local 2021 1 Hearn Cir Hearn Rd Dead End Rehabilitation In House Local 2021 1 Kimberly Dr Shelton Country Dawn Rehabilitation In House Local 2021 1 Mc Burnett Perry Brookside Rehabilitation In House Local 2021 1 Pistola Ave Shelton Dead End Rehabilitation In House Local 2021 1 Seadog Cir Carencia Dead End Rehabilitation In House Local 2021 1 Shelton Cox Dead End Rehabilitation In House Local 2021 2 Atlantic Ocean Dr Sixteenth Rehabilitation In House Local 2021 2 Southern Ocean Dr Sixteenth Rehabilitation In House Local 2021 2 Monitor McArdle Lamont Rehabilitation In House Local 2021 2 Chester Redwood Robinhood Rehabilitation In House Local 2021 2 Dody Staples Redwood Rehabilitation In House Local 2021 2 Nottingham Robinhood Redwood Rehabilitation In House Local 2021 2 Redwood Dolphin Weber Rehabilitation In House Local 2021 2 Robinhood Nottingham Weber Water Utility In House Local 2021 2 Robinhood Sherwood Nottingham Rehabilitation In House Local 2021 2 Sherwood Robinhood Redwood Rehabilitation In House Local 2021 2 Warwick Robinhood Nottingham Rehabilitation In House Local 2021 2 Soledad Greenwood Carver Rehabilitation In House Local 2021 3 Carolyn Dr Ayers Hwy 286 Rehabilitation In House Local 2021 3 Etring Ayers Dead End Rehabilitation In House Local 2021 3 Frederick Ayers Hwy 286 Rehabilitation In House Local 2021 3 Joyce Ayers Hwy 286 Rehabilitation In House Local 2021 3 Monitor Padre Island Dr Mc Ardle Rd Rehabilitation In House Local 2021 3 Garden Dr Juarez Vestal Rehabilitation In House Local 2021 3 Juarez Castenon Salazar Rehabilitation In House Local 2021 3 Mansheim Orchid Dead End Rehabilitation In House Local 2021 3 Prescott Salazar Golihar Rehabilitation In House Local 2021 3 Prescott Trojan Salazar Rehabilitation In House Local 2021 3 Salazar Juarez Prescott Rehabilitation In House Local 2021 3 Vestal Mansheim Gollihar Rehabilitation In House Local 2021 3 Elmdale Dunbrook Wickersham Rehabilitation In House Local 2021 3 Wickersham Weber Dead End Rehabilitation In House Collector 2021 4 Aberdeen Ocean Dr Center Rehabilitation In House Local 2021 4 Center Dr Circle Everhart Rehabilitation In House Local 2021 4 Circle Dr Ocean Dr Center Rehabilitation In House Local 2021 4 Aransas St Ropes Dead End Rehabilitation In House Local 2021 4 California San Antonio Denver Rehabilitation In House Local 2021 4 Cordula San Antonio Denver Rehabilitation In House Local 2021 4 Denver Rossiter Dead End Rehabilitation In House Local 2021 4 Floyd St San Antonio Rossiter Rehabilitation In House Local 2021 4 Manitou San Antonio Rossiter Rehabilitation In House Local 2021 4 Ropes Ocean Dr Santa Fe Rehabilitation In House Local 2021 4 San Antonio Rossiter Dead End Rehabilitation In House Local 2021 4 Santa Barbara San Antonio Denver Rehabilitation In House Local 2021 4 Sinclair Ocean Dr Santa Fe Rehabilitation In House Local 2021 4 Cruisier White Cap Blvd Encantada Rehabilitation In House Local 2021 4 Hustlin Hornet Debra Waldron Rehabilitation In House Collector 2021 5 Middlecoff Everhart Dead End Rehabilitation In House Collector 2021 5 Greenbriar St Andrew St Andrew Rehabilitation In House Local 2021-2026 IMP Street List 6/22/2022 1 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2021 5 St Andrews Wooldridge Ave Greenbriar Rehabilitation In House Collector 2021 DT Coleman Staples Upper Broadway Rehabilitation In House Local 2021 DT King Coleman Park Rehabilitation In House Local 2021 DT Park Ave Staples Shoreline Rehabilitation In House Collector 2021 DT Sixth Coleman Park Rehabilitation In House Local 2021 1 Bartlett Krejci Ln Saxet S Reconstruction RSRP Local 2021 1 Beckworth Oregon Trail Dead End Rehabilitation RSRP Local 2021 1 Castle Knoll Castle Ridge Castle Ridge Rehabilitation RSRP Local 2021 1 Castle Knoll Cir Castle Ridge Dead End Rehabilitation RSRP Local 2021 1 Creek View Dr Shallow Creek Dr Wood Creek Dr Rehabilitation RSRP Local 2021 1 Hampshire Padre Island Dr Benys Rehabilitation RSRP Local 2021 1 Heizer Westview Sammons Reconstruction RSRP Local 2021 1 Mountain View Leopard Chamizal Reconstruction RSRP Local 2021 1 Nida Dr Leopard Heizer Reconstruction RSRP Local 2021 1 S Country Club Up River Rd Interstate 37 Reconstruction RSRP Local 2021 1 San Saba Concho Comal Rehabilitation RSRP Local 2021 1 Seventeenth Expressway Marguerite Rehabilitation RSRP Local 2021 1 Shawnee St Baldwin St Lou St Rehabilitation RSRP Local 2021 1 Thoreau Beal Dead End Rehabilitation RSRP Local 2021 2 Belton Reynosa Greenwood Reconstruction RSRP Local 2021 2 Chamberlain Swantner Lawnview Rehabilitation RSRP Local 2021 2 Cuiper Naples Ayers Reconstruction RSRP Local 2021 2 Florida Kosar Normandy Reconstruction RSRP Local 2021 2 MacArthur Nimitz Presa Rehabilitation RSRP Local 2021 3 Barrera Bloomington Villareal Rehabilitation RSRP Local 2021 3 Boca Raton Congressional Pebble Beach Rehabilitation RSRP Local 2021 3 Bowie St Sokol Santa Ana St Rehabilitation RSRP Local 2021 3 Brett Weber Rd Jean Reconstruction RSRP Local 2021 3 Deepdale Coral Ridge Pebble Beach Rehabilitation RSRP Local 2021 3 Delgado Castenon Salazar Reconstruction RSRP Local 2021 3 Dryer Cir Riverton Langton Ave Reconstruction RSRP Local 2021 3 Dunbrook Weber Rd Locke Ln Rehabilitation RSRP Local 2021 3 EI Monte St Pamona Victor Lara Ortegon Rehabilitation RSRP Local 2021 3 Golden Gate Cir Old Brownsville Dead End Reconstruction RSRP Local 2021 3 Green Acres Green Tree Dead End Rehabilitation RSRP Local 2021 3 Green Lane Green Tree Dead End Reconstruction RSRP Local 2021 3 Green Leaf Green Tree Dead End Reconstruction RSRP Local 2021 3 Harvard Prescott Vitemb Rehabilitation RSRP Local 2021 3 Jean Padre Island Dr Dead End Reconstruction RSRP Local 2021 3 Killarmet Cir E Killarmet Dead End Rehabilitation RSRP Local 2021 3 Killarmet Cir W Killarmet Dead End Rehabilitation RSRP Local 2021 3 Langton Ave Darcey Dr Dryer Cir Reconstruction RSRP Local 2021 3 Riverton Dryer Cir Archdale Reconstruction RSRP Local 2021 3 Sullivan Eklund Dead End Reconstruction RSRP Local 2021 4 Angelo Dr Santa Fe Beverly Reconstruction RSRP Local 2021 4 Beverly Angelo Santa Fe Reconstruction RSRP Local 2021 4 Denver Doddridge Jackson Rehabilitation RSRP Local 2021 4 Kentner Canterbury Cape Cod Reconstruction RSRP Local 2021 4 King Phillip Cobo De Bara Dead End Rehabilitation RSRP Local 2021 4 Lansdown Harry Gollihar Reconstruction RSRP Local 2021 4 Manitoulin Island Oso Pkwy Calgary Rehabilitation RSRP Local 2021 4 Micah St Flour Bluff Dr Isaiah Ct Rehabilitation RSRP Local 2021 4 Rossiter Ocean Dr San Antonio Reconstruction RSRP Local 2021 4 Saxony Orleans Briston Rehabilitation RSRP Local 2021 5 Annemasse St Queen Bess Dr York Crossing Blvd Rehabilitation RSRP Local 2021 5 Bobtail Dr Wild Fire Dr Bridgett Dr Rehabilitation RSRP Local 2021 5 Cotton Club Dr Savoy St Meadowbreeze Rehabilitation RSRP Local 2021 5 Durant Dr Scabbard Dr Dewberry Dr Rehabilitation RSRP Local 2021 5 Halfpenny Brockhampton Hampton Rehabilitation RSRP Local 2021 5 Hampton Dead End Brockhampton Rehabilitation RSRP Local 2021 5 Inverness Dr Iroquois Dr Timbergate Reconstruction RSRP Local 2021 5 Scotch Moss Wooldridge Rd Cinnamon Oak Reconstruction RSRP Local 2021-2026 IMP Street List 6/22/2022 2 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2021 5 Stony Brook Boston Dr Spring Brook Rehabilitation RSRP Local 2021 5 Thames Williams Dr Spencer Reconstruction RSRP Local 2021 5 Venice Drive Yorktown Blvd Megal Drive Rehabilitation RSRP Local 2021 5 Woodgate Heavensgate Northgate Reconstruction RSRP Local 2021 1 Pecos River Wood River Dr Guadalupe River Rehabilitation SPMP Local 2021 1 Red River Wood River Dr River Hill Rehabilitation SPMP Local 2021 1 River Hill Dr Fm 624 Private Driveway Rehabilitation SPMP Collector 2021 1 Up River St Fair Oaks Mc Kinzie Rd Rehabilitation SPMP Collector 2021 1 Wood River Fm 624 Beal Rehabilitation SPMP Collector 2021 2 Ayers St Clemmer Port-Ayers/Alexander Rehabilitation SPMP Arterial 2021 2 Staples 5 Gollihar Barracuda Preservation SPMP Arterial 2021 3 Flynn Pkwy Stonegate Way Bonner Dr Rehabilitation SPMP Collector 2021 3 Holly Rd Airline Rd Everhart Rd Preservation SPMP Arterial 2021 3 Stonegate Way Flynn Pkway Bonner Dr Rehabilitation SPMP Collector 2021 3 Trojan Castenon St Sh 286 Rehabilitation SPMP Collector 2021 4 Nile Dr Ennis Joslin Padre Island Dr Rehabilitation SPMP Collector 2021 4 Sea Pines Dr Park Road 22 Dead End Rehabilitation SPMP Collector 2021 5 Holly Rd Airline Rd Everhart Rd Preservation SPMP Arterial 2021 5 Liverpool Brockhampton South Washam Rehabilitation SPMP Local 2021 5 Middlecoff Acushnet Everhart Rehabilitation SPMP Collector 2021 5 North Washam Cimarron South Washam Rehabilitation SPMP Local 2021 5 South Washam North Washam Liverpool Rehabilitation SPMP Local 2021 5 Spohn Staples S Esplanade Rehabilitation SPMP Collector 2021 5 Spohn South Saratoga Spohn Dr Rehabilitation SPMP Collector 2021 DT Water St Born Ave I H 37(W B) Rehabilitation SPMP Collector 2021 3 Hudson Stafford Prescott Water Utility Utility IH Local 2021 3 Stafford Horne Hudson Water Utility Utility IH Local 2022 1 Port N I H 37 Hwy 181 Preservation Concrete Collector 2022 3 Staples S Holly Rd Williams Preservation Concrete Arterial 2022 5 Staples S Saratoga Holly Rd Preservation Concrete Arterial 2022 1 Hancock Water Staples S Rehabilitation In House Local 2022 1 Second St Craig Hancock Rehabilitation In House Local 2022 1 Sixth Craig Buford Rehabilitation In House Local 2022 1 Third St Craig Tancahua Rehabilitation In House Local 2022 1 Blades Violet Cliff Crenshaw Water Utility In House Local 2022 1 Brendel Ln Violet Cliff Crenshaw Rehabilitation In House Local 2022 1 Butler St Violet Cliff Crenshaw Rehabilitation In House Local 2022 1 Cliff Crenshaw Willowood Creek Dead End Rehabilitation In House Local 2022 1 Guess Dr Violet Cliff Crenshaw Rehabilitation In House Local 2022 1 Turkey Creek Rippling Creek Cliff Crenshaw Rehabilitation In House Local 2022 1 Haven Warrior Violet Rd Rehabilitation In House Local 2022 2 Catalina Staples S Alameda S Rehabilitation In House Local 2022 2 Delaine Grant Alameda S Rehabilitation In House Local 2022 2 Ft Worth Catalina Wilshire Rehabilitation In House Local 2022 2 Grant Wilshire Alameda S Rehabilitation In House Local 2022 2 Pope Doddridge Wilshire Rehabilitation In House Local 2022 2 Reid Dr Wilshire Doddridge Rehabilitation In House Local 2022 2 Wilshire PI Delaine Catalina Rehabilitation In House Local 2022 2 Elizabeth Ocean Dr Santa Fe Rehabilitation In House Collector 2022 2 Fifth Craig Ayers Rehabilitation In House Local 2022 2 Second St Morgan Craig Rehabilitation In House Local 2022 2 Sixth Ayers St Craig Rehabilitation In House Local 2022 2 Third St Elizabeth Craig Rehabilitation In House Local 2022 3 Alaniz Sokol Sacky Rehabilitation In House Local 2022 3 Alejandro Sacky Sokol Rehabilitation In House Local 2022 3 Bexar Dr Milam Dr Seguin Dr Rehabilitation In House Local 2022 3 Bonham St Sacky Sokol Rehabilitation In House Local 2022 3 Bowie St Sacky Sokol Rehabilitation In House Local 2022 3 Crocket Sokol Dead End Rehabilitation In House Local 2022 3 Johanna Ayers St Richter Rehabilitation In House Local 2022 3 Milam Dr Sokol Dr Bexar Dr Rehabilitation In House Local 2022 3 Navarro Sacky Sokol Rehabilitation In House Local 2021-2026 IMP Street List 6/22/2022 3 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2022 3 Seguin Dr Sokol Dr Bexar Dr Rehabilitation In House Local 2022 3 Wharton Sacky Sokol Rehabilitation In House Local 2022 3 Kingston Dr Panama Panama Rehabilitation In House Local 2022 3 Panama Carroll Ln Weber Rd Rehabilitation In House Local 2022 3 Champions Boca Raton Pebble Beach Rehabilitation In House Local 2022 3 Nied Champions Donegal Rehabilitation In House Local 2022 3 Pebble Beach Boca Raton Champions Rehabilitation In House Local 2022 3 Sea Island Boca Raton Pebble Beach Rehabilitation In House Local 2022 3 Kingston Dr Weber Panama Water Utility In House Local 2022 4 Alazan Dr Hustlin'Hornet Dead End Rehabilitation In House Local 2022 4 Baffin Bay Dr Hustlin'Hornet Dead End Rehabilitation In House Local 2022 4 Bird Island Dr Hustlin Hornet Baffin Bay Dr Rehabilitation In House Local 2022 4 Ivy Dr Hustlin'Hornet Dr Wilson St Rehabilitation In House Local 2022 4 Penescal Dr Bird Island Dr Dead End Rehabilitation In House Local 2022 4 Point Of Rocks Alazan Dr Dead End Rehabilitation In House Local 2022 4 Redfish Bay Dr Hustlin Hornet Baffin Bay Dr Rehabilitation In House Local 2022 4 Vannoy Dr Alazan Dr Baffin Bay Dr Rehabilitation In House Local 2022 4 Barataria Das Marinas White Cap Rehabilitation In House Local 2022 4 Beaufort Captain Kidd Dead End Rehabilitation In House Local 2022 4 Blackbeard Barataria White Cap Rehabilitation In House Local 2022 4 Bowspirit Captain Kidd Dead End Rehabilitation In House Local 2022 4 Caravel Brigantine St Dead End Rehabilitation In House Local 2022 4 Man 0 War Barataria Dead End Rehabilitation In House Local 2022 4 Mutiny Captain Kidd Dead End Rehabilitation In House Local 2022 4 Yardarm White Cap Blvd Dead End Rehabilitation In House Local 2022 4 Mavis Rossiter Sea View Rehabilitation In House Local 2022 4 Rainbow San Antonio Sea View Rehabilitation In House Local 2022 4 Seaview San Antonio Ocean Rehabilitation In House Local 2022 5 Beard Canyon Creek Acushnet Rehabilitation In House Local 2022 5 Boros Nicklaus Dead End Rehabilitation In House Local 2022 5 Canyon Creek Beard Dead End Rehabilitation In House Local 2022 5 Greensboro Acushnet Weiskopf Rehabilitation In House Local 2022 5 Nicklaus Boros Dead End Rehabilitation In House Local 2022 5 St Tropez Annemasse Montereau Rehabilitation In House Local 2022 5 Weiskopf Cir Weiskopf Ln Dead End Rehabilitation In House Local 2022 5 Weiskopf Ln Acushnet Greenboro Rehabilitation In House Local 2022 5 Annemasse St Yorktown Blvd St Denis St Rehabilitation In House Local 2022 5 Avignon Montereau Dead End Rehabilitation In House Local 2022 5 Bellac Montereau Dead End Rehabilitation In House Local 2022 5 Brine St Cimarron Montereau Rehabilitation In House Local 2022 5 Calais Montereau Dead End Rehabilitation In House Local 2022 5 Italia St Lourdes Milan Rehabilitation In House Local 2022 5 Lourdes Annemasse Dead End Rehabilitation In House Local 2022 5 Milan St St Denis Dead End Rehabilitation In House Local 2022 5 Lethaby Lipes Dead End W Rehabilitation In House Local 2022 DT Gulden Surfside Dead End Rehabilitation In House Collector 2022 DT Gulfbreeze Sandbar Gulfspray Rehabilitation In House Local 2022 DT Gulfspray Surfside Dead End Rehabilitation In House Collector 2022 DT Hayes Surfside Dead End Rehabilitation In House Local 2022 DT Neal Surfside Dead End Rehabilitation In House Local 2022 DT Reef Ave Surfside Dead End Rehabilitation In House Local 2022 1 Fairfax Fairview Old Robstown Rehabilitation RSRP Local 2022 1 La Branch Wilkins End Reconstruction RSRP Local 2022 1 Randolph La Branch End Reconstruction RSRP Local 2022 1 Mestina Battlin Buc Palm Rehabilitation RSRP Local 2022 1 Palm Dr Up River Rd Antelope Rehabilitation RSRP Local 2022 1 Catfish Teague Dead End Rehabilitation RSRP Local 2022 1 Steamboat Catfish Rolling Ridge Rehabilitation RSRP Local 2022 1 Steamboat Cir Steamboat Dead End Rehabilitation RSRP Local 2022 1 Clear Fork Red River Wood River Rehabilitation RSRP Local 2022 1 Dixon Petty Quaile Rehabilitation RSRP Local 2022 1 Fairview Up River Kenwood Reconstruction RSRP Local 2021-2026 IMP Street List 6/22/2022 4 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2022 1 Silver Creek Dr Devil'S Crk Dr Dead End Reconstruction RSRP Local 2022 2 Brentwood Horne Norton Reconstruction RSRP Local 2022 2 Chenoweth Lawnview Santa Fe Reconstruction RSRP Local 2022 2 Lavaca McArdle Lamont Rehabilitation RSRP Local 2022 2 Ponder Staples Harrison Reconstruction RSRP Local 2022 2 Texas Alameda S Staples Reconstruction RSRP Local 2022 3 Bascule Golden Gate Riverton Reconstruction RSRP Local 2022 3 Trestle Golden Gate Dead End Reconstruction RSRP Local 2022 3 Iturbide Airport Guatemozin Rehabilitation RSRP Local 2022 3 Vera Cruz Morgan Zaragosa Rehabilitation RSRP Local 2022 3 Crest Circle Crestridge End Reconstruction RSRP Local 2022 3 Crestmeadow Crestwood Crestforrest Reconstruction RSRP Local 2022 3 Crestridge Kostoryz Crestwood Rehabilitation RSRP Local 2022 3 Crestwood Crestmeadow Cresthill Rehabilitation RSRP Local 2022 3 Dodd Padre Island Dr McArdle Reconstruction RSRP Local 2022 3 Essex Killarmet Pebble Beach Rehabilitation RSRP Local 2022 3 Gabriel Nemec McArdleRd Reconstruction RSRP Local 2022 3 Green Park Green Point Green Gate Reconstruction RSRP Local 2022 3 Green Pass Green Park End Reconstruction RSRP Local 2022 3 Green Point Bear Lane End Reconstruction RSRP Local 2022 4 Mermaid Ursa Milky Way Reconstruction RSRP Local 2022 4 Sparkle Sea Roddfield Mermaid Rehabilitation RSRP Local 2022 4 Goldfinch Quetzal Dead End Reconstruction RSRP Local 2022 4 Harry Lansdown Everhart Reconstruction RSRP Local 2022 4 Hewit DrS Hewit Hewit Rehabilitation RSRP Local 2022 4 Lansdown Wasley Harry Reconstruction RSRP Local 2022 4 Seafoam Caribbean Coral Ridge Reconstruction RSRP Local 2022 5 Bent Trail Fox Run Opengate Reconstruction RSRP Local 2022 5 Cedar Springs Oso Pkwy Dead End Reconstruction RSRP Local 2022 5 Lethaby Lipes Dead End Reconstruction RSRP Local 2022 5 Northgate Crossvalley Timbergate Reconstruction RSRP Local 2022 5 Yorkshire Dr Yorktown Blvd Lethaby Reconstruction RSRP Local 2022 1 Balboa Pine Baldwin Rehabilitation SPMP Local 2022 1 Baldwin Port Ave Frontage Rd Rehabilitation SPMP Arterial 2022 1 Port Baldwin Morgan Rehabilitation SPMP Arterial 2022 1 Vernon Dr Dona Dr Dona Dr Rehabilitation SPMP Local 2022 2 Baldwin Port Ave Frontage Rd Rehabilitation SPMP Arterial 2022 2 Weber Rd Staples McArdleRd Rehabilitation SPMP Arterial 2022 3 Balboa Baldwin Morgan Rehabilitation SPMP Local 2022 3 Congressional Everhart Capitol Rehabilitation SPMP Collector 2022 3 Milo Ayers Richter Rehabilitation SPMP Local 2022 3 Richter St Padre Island Dr Holly Rd Rehabilitation SPMP Collector 2022 3 Sokol Kostoryz Bowie Rehabilitation SPMP Collector 2022 4 Aquarius Commodores Das Marinas preservation SPMP Collector 2022 4 Aquarius Topsail Whitecap Rehabilitation SPMP Collector 2022 4 Don Patricio Flour Bluff Dr Waldron Rehabilitation SPMP Collector 2022 4 Gaines Robert Airline Rd Rehabilitation SPMP Collector 2022 5 Airline Roddfield Woolridge Preservation SPMP Arterial 2022 5 Sanders Dr Grand Junction Saratoga Rehabilitation SPMP Collector 2022 DT Broadway Middle Schatzell Lawrence Rehabilitation SPMP Collector 2022 DT Peoples St&T-Head Lower Broadway T-Head Loop Rehabilitation SPMP Collector 2022 DT Schatzell Shorline Lower Broadway Rehabilitation SPMP Collector 2022 1 Ave D Middle Ln W Buckhorn Water Utility Utility IH Local 2022 1 Live Oak Retama IH 37 Water Utility Utility IH Local 2022 1 Middle Ln Ave C Ave D Water Utility Utility IH Local 2022 1 Redbird Calallen Cornett Water Utility Utility IH Collector 2022 1 Retama Up River IH 37 Water Utility Utility IH Local 2022 2 Condee Vanderbilt W Naples Water Utility Utility IH Local 2022 2 Naples Roosevelt Norton Water Utility Utility IH Local 2022 2 Shely Annapolis Naples Water Utility Utility IH Local 2022 2 Vanderbilt W Roosevelt Condee Water Utility Utility IH Local 2022 2 W Clark Clark Houston Water Utility Utility IH Local 2021-2026 IMP Street List 6/22/2022 5 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2022 2 York Kosar Shely Water Utility Utility IH Local 2023 1 Southern Minerals Up River Rd I H 37 Preservation Concrete Arterial 2023 3 Oakhurst S Padre Island Pavement Change Preservation Concrete Local 2023 5 Williams Roddfield Airline Rd Preservation Concrete Collector 2023 1 Benys Leopard Skyline Rehabilitation In House Collector 2023 1 Hall Benys Padre Island Dr Rehabilitation In House Local 2023 1 Birdwood(Cir E) Birdwood Ln Dead End Rehabilitation In House Local 2023 1 Birdwood(Cir W) Birdwood Ln Dead End Rehabilitation In House Local 2023 1 Birdwood Ln Violet Rd White Oak Rehabilitation In House Local 2023 1 Fleetwood Leopard Timbergrove Rehabilitation In House Local 2023 1 Forest Hill Violet Birdwood Rehabilitation In House Local 2023 1 Peach Tree Stonewall Leopard Rehabilitation In House Local 2023 1 Seven Trees Stonewall Dead End Rehabilitation In House Local 2023 1 Stonewall Mc Kinzie Dead End Rehabilitation In House Local 2023 1 Timbergrove Peachtree Violet Rd Rehabilitation In House Local 2023 1 Vicksburg Stonewall Stonewall Rehabilitation In House Local 2023 1 White Oak Timbergrove Dead End Rehabilitation In House Local 2023 1 Attoyac Dr Spring Creek Dead End Rehabilitation In House Local 2023 1 Buttes Dr Spring Creek Dead End Rehabilitation In House Local 2023 1 Calamity Dr Spring Creek Dead End Rehabilitation In House Local 2023 1 Keegan Dr Spring Creek Dead End Rehabilitation In House Local 2023 1 Lavaca River Ct Clear Fork Dead End Rehabilitation In House Local 2023 1 Lavaca River Dr Clear Fork Keegan Rehabilitation In House Local 2023 1 Spring Creek Dr Red River Dr Dead End Rehabilitation In House Local 2023 1 Wolf Creek Clear Fork Dr Dead End Rehabilitation In House Local 2023 2 Andrews Prescott Crosstown Rehabilitation In House Local 2023 2 Betel Crosstown Burnet Rehabilitation In House Local 2023 2 Burnet Prescott Dead End Rehabilitation In House Local 2023 2 Loritte Sarita Crosstown Rehabilitation In House Local 2023 2 Niagara Burnet Burnet Rehabilitation In House Local 2023 2 Niagara Horne Roslyn Rehabilitation In House Local 2023 2 Prescott Crosstown Horne Rehabilitation In House Local 2023 2 Rambler Roslyn Horne Rehabilitation In House Local 2023 2 Reynosa Andrews Burnet Rehabilitation In House Local 2023 2 Roslyn Rambler Prescott Rehabilitation In House Local 2023 2 Sarita Horne Burnet Rehabilitation In House Local 2023 2 Talisman Sarita Rambler Rehabilitation In House Local 2023 2 Brownlee Staples Louisiana Rehabilitation In House Collector 2023 2 Fifteenth Staples Louisiana Rehabilitation In House Local 2023 2 Naples Staples Ocean Rehabilitation In House Local 2023 2 Sixteenth Staples Louisiana Rehabilitation In House Local 2023 3 Calle Cuernavaca Saratoga Rd Dead End Rehabilitation In House Local 2023 3 Calle Las Colonas Saratoga Rd Dead End Rehabilitation In House Collector 2023 3 Calle San Carlos Calle Las Colonas Calle Cuernavaca Rehabilitation In House Local 2023 3 Calle San Lucas Calle Las Colonas Calle Cuernavaca Rehabilitation In House Local 2023 3 Calle San Marcos Calle Las Colonas Calle Cuernavaca Rehabilitation In House Local 2023 3 Calle San Miguel Calle Las Colonas Calle Cuernavaca Rehabilitation In House Local 2023 3 Bonham St Johanna Sacky Rehabilitation In House Local 2023 3 Johanna Kostoryz Bonham Rehabilitation In House Local 2023 3 Odem McArdle Sunnybrook Rehabilitation In House Local 2023 3 Phillips E&W Queen Queen Rehabilitation In House Local 2023 3 Queen E&W Phillips Philips Rehabilitation In House Local 2023 3 Inglewood Holly Rd Panama Rehabilitation In House Local 2023 3 Green Meadows Green Tree Dead End Rehabilitation In House Local 2023 3 Green Oaks Green Tree Dead End Rehabilitation In House Local 2023 3 Green Path Green Tree Dead End Rehabilitation In House Local 2023 3 Green Valley Green Tree Dead End Rehabilitation In House Local 2023 3 Green View Green Tree Dead End Rehabilitation In House Local 2023 3 Vitemb Harvard Horne Rehabilitation In House Local 2023 4 Dasmarinas Aquarius Whitecap Rehabilitation In House Local 2023 4 Rudder Ct Dasmarinas Dead End Rehabilitation In House Local 2023 4 Doubloon Aquarius Dead End Rehabilitation In House Local 2021-2026 IMP Street List 6/22/2022 6 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM • WORK 2023 4 Mizzen Aquarius Dead End Rehabilitation In House Local 2023 4 Topsail Aquarius Dead End Rehabilitation In House Local 2023 4 Purl Santa Fe Dead End Rehabilitation In House Local 2023 4 Third St Purl Aberdeen Rehabilitation In House Local 2023 4 Sand Piper Cir Sand Piper N Dead End Rehabilitation In House Local 2023 4 Sand Piper E Ennis Joslin Dead End Rehabilitation In House Local 2023 4 Sand Piper N Sand Piper E Sand Piper Cir Rehabilitation In House Local 2023 4 Amos Ct Seth St Dead End Rehabilitation In House Local 2023 4 Ezekiel Ct Seth St Dead End Rehabilitation In House Local 2023 4 Hosea Ct Seth St Dead End Rehabilitation In House Local 2023 4 Isaiah Ct Seth St Dead End Rehabilitation In House Local 2023 4 Jeremiah Ct Seth St Dead End Rehabilitation In House Local 2023 4 Joel Ct Seth St Dead End Rehabilitation In House Local 2023 4 Seth St Amos Ct Isaiah Ct Rehabilitation In House Local 2023 4 Sunglo St Don Patricio Rd Seth St Rehabilitation In House Local 2023 5 Deerwood Javelina Snowgoose Rehabilitation In House Local 2023 5 Hulen Dr Dead End Hunt Dr Rehabilitation In House Local 2023 5 Hunt Cir Hunt Dr Dead End Rehabilitation In House Local 2023 5 Hunt Drive Saratoga Rd Timbergate Rehabilitation In House Collector 2023 5 Javelina Hunt Dr Deerwood Rehabilitation In House Local 2023 5 Pheasant Bent Trail Dr Dead End Rehabilitation In House Local 2023 5 Stonemill Cir Hunt Dr Dead End Rehabilitation In House Local 2023 5 Grand Lake Lake Bolsena Starnberg Lake Rehabilitation In House Local 2023 5 Lake Bolsena Oso Pkwy Grand Lake Rehabilitation In House Local 2023 5 Starnberg Lake Grand Lake Lake Bolsena Rehabilitation In House Local 2023 5 Cherry Hills Greenbriar Oakmont Rehabilitation In House Local 2023 5 Greenbriar St Andrew Cherry Hills Rehabilitation In House Local 2023 5 Oakmont St Andrew Greenbriar Rehabilitation In House Local 2023 5 River Oaks St Andrew Greenbriar Rehabilitation In House Local 2023 1 Apple Creek Dr Sandy Hollow Ck Dead End Rehabilitation RSRP Local 2023 1 Flagstone Cir Pernitas Creek Dead End Rehabilitation RSRP Local 2023 1 Flagstone Creek Sandy Hollow Ck Pernitas Creek Rehabilitation RSRP Local 2023 1 Indio Creek Dr Pernitas Creek Dead End Rehabilitation RSRP Local 2023 1 Sandy Hollow Flagstone Willowood Creek Rehabilitation RSRP Local 2023 1 Willowood Creek Sandy Hollow Ck Dead End Reconstruction RSRP Local 2023 1 Fair Oaks I H 37 Dead End Rehabilitation RSRP Local 2023 1 Main Dr Leopard Sedwick Rehabilitation RSRP Local 2023 2 Angel Ave Alameda S Austin Rehabilitation RSRP Local 2023 2 Breezeway Austin Santa Fe Rehabilitation RSRP Local 2023 2 Ohio Alameda S Staples S Reconstruction RSRP Local 2023 2 Willowbrook Mt Vernon Janssen Reconstruction RSRP Local 2023 2 Glazebrook Reid Santa Fe Rehabilitation RSRP Local 2023 3 Crestbend Crestwood Crestgrove Reconstruction RSRP Local 2023 3 Crestford Cresthill Crestmeadow Reconstruction RSRP Local 2023 3 Green Branch Green Park Dead End Reconstruction RSRP Local 2023 3 Green Gate Bear Lane Dead End Reconstruction RSRP Local 2023 3 Green Trail Green Park Dead End Reconstruction RSRP Local 2023 3 Mendenhall Carroll Liptonshire Reconstruction RSRP Local 2023 3 Devonshire Weber Elmdale Rehabilitation RSRP Local 2023 3 Waterloo Carroll Inglewood Reconstruction RSRP Local 2023 4 Goldcrest Quetzal Dead End Reconstruction RSRP Local 2023 4 LoveBird Waxwing Quetzal Reconstruction RSRP Local 2023 4 Quetzal Sun Bird Dead End Rehabilitation RSRP Local 2023 4 SunBird Quetzal Flour Bluff Reconstruction RSRP Local 2023 4 Sun Beam Dr Milky Way Ursa Rehabilitation RSRP Local 2023 4 Ursa Mermaid Star Cove Rehabilitation RSRP Local 2023 4 Captain Kidd Caravel Dead End Rehabilitation RSRP Local 2023 4 Rossiter San Antonio Alameda S Reconstruction RSRP Local 2023 4 Topeka Sinclair Rossiter Reconstruction RSRP Local 2023 5 Iroquois Tartan Dead End Reconstruction RSRP Local 2023 5 Tartan Iroquois Dr Dead End Reconstruction RSRP Local 2023 5 Lake George Grand Junction Dead End Rehabilitation RSRP Local 2021-2026 IMP Street List 6/22/2022 7 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2023 5 Lake Whitney Lake George Dead End Rehabilitation RSRP Local 2023 5 Willow Oak Wales Dead End Reconstruction RSRP Local 2023 5 Willowick Everhart Willow Oak Reconstruction RSRP Local 2023 1 Agnes Baldwin NPID Rehabilitation SPMP Arterial 2023 1 Dunstain St Fontana Round Rock Rehabilitation SPMP Local 2023 1 Roundrock Rd Dunstain St Rustic Oak Rehabilitation SPMP Local 2023 1 Rustic Oak Round Rock Nolford Rehabilitation SPMP Local 2023 1 Hancock Brownlee Crosstown Rehabilitation SPMP Arterial 2023 1 Morgan Nineteenth Port Preservation SPMP Arterial 2023 1 Morgan Crosstown Nineteenth Preservation SPMP Arterial 2023 2 Airline McArdle Gollihar Rehabilitation SPMP Arterial 2023 2 Dolphin Adkins Staples S Rehabilitation SPMP Local 2023 2 Driftwood Staples 5 Adkins Rehabilitation SPMP Local 2023 2 Hamlin Staples S Adkins Rehabilitation SPMP Local 2023 2 Mc Ardle Staples S Airline Rd Rehabilitation SPMP Arterial 2023 2 Morgan Crosstown Nineteenth Preservation SPMP Arterial 2023 3 Agnes Baldwin NPID Rehabilitation SPMP Arterial 2023 3 Betty Jean Holly Rd Williams Rehabilitation SPMP Collector 2023 3 Betty Jean Cir Betty Jean Dead End Rehabilitation SPMP Collector 2023 3 Wooldridge Killarmet Everhart Rehabilitation SPMP Local 2023 4 Airline Gollihar Wilma Rehabilitation SPMP Arterial 2023 4 Airline Mc Ardle Gollihar Rehabilitation SPMP Arterial 2023 5 Everhart Silver Ridge Yorktown Blvd Rehabilitation SPMP Arterial 2023 5 Everhart Yorktown Blvd Oso Pkwy Rehabilitation SPMP Collector 2023 5 Holly Rd Roddfield Airline Rd Preservation SPMP Arterial 2023 DT Lawrence St&T-H Mesquite T-Head Loop Rehabilitation SPMP Collector 2023 2 Brawner Devon Ramsey Water Utility Utility IH Collector 2023 2 Norton Kostoryz Brentwood Water Utility Utility IH Collector 2023 2 Montgomery Mac Arthur Eisenhower Water Utility Utility IH Local 2023 2 Presa Niagara Sarita Water Utility Utility IH Local 2023 4 Cleopatra Whitaker Dead End Water Utility Utility IH Local 2023 4 Whitaker Cleopatra Clare Water Utility Utility IH Local 2023 4 Clare Padre Island Dr Mc Ardle Rd Water Utility Utility IH Local 2023 4 Pharaoh Egyptian Nile Water Utility Utility IH Local 2023 DT Kinney Carrizo Alameda S Water Utility Utility IH Local 2024 2 Kostoryz Staples BrawnerS Preservation Concrete Arterial 2024 3 Williams Staples Airline Rd Preservation Concrete Collector 2024 4 Access 2 S H 361 Beach Preservation Concrete Collector 2024 4 Access 3A St Bartholomew Beach Preservation Concrete Collector 2024 1 Eighteenth Prescott Crosstown Rehabilitation In House Local 2024 1 Fifteenth Morgan Mc Kenzie Rehabilitation In House Local 2024 1 Fourteenth Morgan Mc Kenzie Rehabilitation In House Local 2024 1 Mc Kenzie Nineteenth Brownlee Rehabilitation In House Local 2024 1 Prescott Brownlee Eighteenth Rehabilitation In House Local 2024 1 Seventeenth Prescott Crosstown Rehabilitation In House Local 2024 1 Sixteenth Prescott Mc Kenzie Rehabilitation In House Local 2024 1 Eighteenth Mary Laredo Rehabilitation In House Local 2024 1 Marguerite Crosstown Eighteenth Rehabilitation In House Local 2024 1 Mary Crosstown Nineteenth Rehabilitation In House Local 2024 1 Morrow Up River Rand Morgan Rehabilitation In House Local 2024 1 Seventeenth Marguerite Dead End Rehabilitation In House Local 2024 1 Dwyer Shane Dead End Rehabilitation In House Local 2024 1 Mc Cain Leopard Dead End Rehabilitation In House Local 2024 1 Shane Mc Cain Dwyer Rehabilitation In House Local 2024 1 BluffTrl River Forest Dead End Rehabilitation In House Local 2024 1 Cactus Cir River Forest Dead End Rehabilitation In House Local 2024 1 Forest Cir River Forest Dead End Rehabilitation In House Local 2024 1 Hillwood Trl Smith Dead End Rehabilitation In House Local 2024 1 Hillwood Trl N Hillwood Trl Dead End Rehabilitation In House Local 2024 1 Moon River River Forest Dead End Rehabilitation In House Local 2024 1 River Forest Moon River Smith Rehabilitation In House Local 2024 1 River View Smith River Forest Rehabilitation In House Local 2021-2026 IMP Street List 6/22/2022 8 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2024 1 Rolling Ridge Hillwood Trl Dead End Rehabilitation In House Local 2024 1 Smith Calallen River Forest Rehabilitation In House Local 2024 1 Vista Cir Vista Ridge Dead End Rehabilitation In House Local 2024 1 Vista Ridge Riverview Smith Rehabilitation In House Local 2024 1 Rolling Acres Wagon Wheel Leopard Rehabilitation In House Local 2024 1 Wagonwheel Wildwood Wildwood Rehabilitation In House Local 2024 1 Wildwood E Wagon Wheel Up River Rehabilitation In House Local 2024 1 Wildwood W Wagon Wheel Rolling Acres Rehabilitation In House Local 2024 2 Buckaroo Ayers Staples Rehabilitation In House Local 2024 2 Clifford Santa Fe Staples Rehabilitation In House Local 2024 2 Palmero Alameda S Santa Fe Rehabilitation In House Local 2024 2 Fifteenth Mc Kenzie Ayers Rehabilitation In House Local 2024 2 Fourteenth Mc Kenzie Ayers Rehabilitation In House Local 2024 2 Isabel Bonita Dead End Rehabilitation In House Local 2024 2 Mc Kenzie Nineteenth Brownlee Rehabilitation In House Local 2024 2 Seventeenth Mc Kenzie Ayers Rehabilitation In House Local 2024 2 Sixteenth Mc Kenzie Ayers Rehabilitation In House Local 2024 3 Barrera Horne Bloomington Rehabilitation In House Local 2024 3 Choctaw Water Lily Persimmon Rehabilitation In House Local 2024 3 Hilldale Sweet Gum Choctaw Rehabilitation In House Local 2024 3 Persimmon Sweet Gum Choctaw Rehabilitation In House Local 2024 3 River Crest Hill Crest Choctaw Rehabilitation In House Local 2024 3 Riverbend Solomon Choctaw Rehabilitation In House Local 2024 3 Solomon River Crest Water Lily Rehabilitation In House Local 2024 3 Sweet Gum River Crest Persimmon Rehabilitation In House Local 2024 3 Water Lily Solomon Choctaw Rehabilitation In House Local 2024 3 Balsam Boisdarc Trojan Rehabilitation In House Local 2024 3 Birch Greenwood Blackjack Rehabilitation In House Local 2024 3 Blackjack Boisdarc Dead End Rehabilitation In House Local 2024 3 Hemlock Greenwood Blackjack Rehabilitation In House Local 2024 3 Hickory Greenwood Blackjack Rehabilitation In House Local 2024 3 Sycamore Greenwood Blackjack Rehabilitation In House Local 2024 3 Citation Preakness Dead End Rehabilitation In House Local 2024 3 Hartack Triple Crown Dead End Rehabilitation In House Local 2024 3 Harwick Sanderson Lands Rehabilitation In House Local 2024 3 Lands Greenwood Dead End Rehabilitation In House Local 2024 3 Preakness Triple Crown Dead End Rehabilitation In House Local 2024 3 Preakness Cir Preakness Dead End Rehabilitation In House Local 2024 3 Sanderson Greenwood Harwick Rehabilitation In House Local 2024 4 Clare Williams Dr Padre Island Dr Rehabilitation In House Local 2024 4 Dune Tulia Rose Rehabilitation In House Local 2024 4 Ester Roseanne Sands Rehabilitation In House Local 2024 4 Lorine Truk Utica Rehabilitation In House Local 2024 4 Rose Lorine Stranton Rehabilitation In House Local 2024 4 Roseanne Sands Ester Rehabilitation In House Local 2024 4 Sands Truk Utica Rehabilitation In House Local 2024 4 Tulia Sands Dead End Rehabilitation In House Local 2024 4 Utica Sands Dead End Rehabilitation In House Local 2024 4 Cuttysark Encantada Eagles nest Bay Rehabilitation In House Local 2024 4 Grenadine Vincent Cuttysark Rehabilitation In House Local 2024 4 Isla Colon Cuttysark Dead End Rehabilitation In House Local 2024 4 Portillo Vincent Cuttysark Rehabilitation In House Local 2024 4 Vincent Cuttysark Cuttysark Rehabilitation In House Local 2024 4 Mediterranean Otranto Maui Rehabilitation In House Collector 2024 5 Dallas Yorktown Blvd Oso Pkwy Rehabilitation In House Local 2024 5 Del Rio Odessa Oso Pkwy Rehabilitation In House Local 2024 5 Ft Stockton Dallas Rocksprings Rehabilitation In House Local 2024 5 Kerrville Dallas Dead End Rehabilitation In House Local 2024 5 Lubbock Rocksprings Everhart Rehabilitation In House Local 2024 5 Odessa Oso Pkwy Dallas Rehabilitation In House Local 2024 5 Rocksprings Ft Stockton Dead End Rehabilitation In House Local 2024 5 San Angelo Dallas Kerrville Rehabilitation In House Local 2021-2026 IMP Street List 6/22/2022 9 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM • WORK 2024 5 Bethlehem Mars Hill Dead End Rehabilitation In House Local 2024 5 Canaan Bethlehem Dead End Rehabilitation In House Local 2024 5 Corinth Mars Hill Jericho Rehabilitation In House Local 2024 5 Deer Park South Oso Pkwy South Oso Pkwy Rehabilitation In House Local 2024 5 Deer Park Cir Deer Park Dead End Rehabilitation In House Local 2024 5 Galilee Bethlehem Dead End Rehabilitation In House Local 2024 5 Jericho Corinth Dead End E&W Rehabilitation In House Local 2024 5 Mars Hill South Oso Pkwy CR 41 Rehabilitation In House Local 2024 5 Lindenwood Sutherland Lipes Rehabilitation In House Local 2024 5 Sutherland Citrus Valley Dead End Rehabilitation In House Local 2024 1 Craig Ocean Dr Seventh Reconstruction RSRP Local 2024 1 Carencia Deepwater Oglethorpe Reconstruction RSRP Local 2024 1 Oglethorpe Brookhill Dead End Reconstruction RSRP Local 2024 1 Sunnyville Oglethorpe Dead End Reconstruction RSRP Local 2024 1 Sunnyville Cir Sunnyville Dead End Reconstruction RSRP Local 2024 1 Dona I H 37 Up River Reconstruction RSRP Local 2024 2 Ebonwood Canturbury Ennis Joslin Reconstruction RSRP Local 2024 2 Dody Linden Gollihar Reconstruction RSRP Local 2024 2 Zarsky Mc Ardle Gollihar Reconstruction RSRP Local 2024 3 Kentucky Derby Frio Dead End Reconstruction RSRP Local 2024 3 Triple Crown Greenwood Kentucky Derby Reconstruction RSRP Local 2024 3 Chula Vista Horne Greenwood Reconstruction RSRP Local 2024 3 Hamlett Nemec McArdle Rd Reconstruction RSRP Local 2024 4 Crescent Mc Ardle Belmeade Reconstruction RSRP Local 2024 4 Crescent Cir Crescent Dead End Reconstruction RSRP Local 2024 4 Rhonda Spencer Sean Reconstruction RSRP Local 2024 4 Spencer Thames Rhonda Reconstruction RSRP Local 2024 4 Vivian Spencer Sean Reconstruction RSRP Local 2024 5 Lostgate Heavensgate Opengate Reconstruction RSRP Local 2024 1 Leopard N Mc Kinzie Violet Rd Rehabilitation SPMP Arterial 2024 1 Leopard S Mc Kinzie Violet Rd Rehabilitation SPMP Arterial 2024 1 Port Morgan Buford Rehabilitation SPMP Arterial 2024 1 Port Mary Agnes Rehabilitation SPMP Arterial 2024 2 Cambridge Alexander Horne Rehabilitation SPMP Local 2024 2 Louisiana N Staples Ocean Rehabilitation SPMP Collector 2024 2 McArdle Weber Everhart Rehabilitation SPMP Arterial 2024 2 McArdle Carroll Ln Weber Rehabilitation SPMP Collector 2024 3 Esplanade Staples Spohn Rehabilitation SPMP Collector 2024 3 Esplanade Staples Spohn Rehabilitation SPMP Collector 2024 3 Parkway Wooldridge Esplanade Rehabilitation SPMP Collector 2024 3 Kostoryz Holly Rd Saratoga Rehabilitation SPMP Arterial 2024 3 McArdle Carroll Ln Weber Rehabilitation SPMP Collector 2024 3 Wooldridge Cascade Staples Rehabilitation SPMP Collector 2024 4 Blue Jay Quetzal Oriole Rehabilitation SPMP Local 2024 4 Bramling Cir Quetzal Dead End Rehabilitation SPMP Local 2024 4 Ribbon Tail Crossbill Quetzal Rehabilitation SPMP Local 2024 4 Compton Waldron First National Rehabilitation SPMP Collector 2024 4 Laguna Shores Graham Hustlin Hornet Rehabilitation SPMP Collector 2024 5 Patti Dunbarton Oak Dead End Rehabilitation SPMP Collector 2024 5 Cedar Pass Sun Valley Everhart Rehabilitation SPMP Collector 2024 DT John Sartain Shoreline S Mesquite Rehabilitation SPMP Collector 2024 DT Lomax Shoreline Lower Broadway Rehabilitation SPMP Collector 2024 DT Lower Broadway Lomax John Sartain Rehabilitation SPMP Collector 2025 1 Cathead Leopard Roughneck Preservation Concrete Local 2025 1 Roughneck Cathead Spindletop Preservation Concrete Local 2025 1 Spindletop Roughneck Leopard Preservation Concrete Local 2025 4 Waldron Pavement Change Purdue Preservation Concrete Arterial 2025 DT Chaparral Lomax Taylor Preservation Concrete Collector 2025 DT Shoreline N Belden Turn Around Preservation Concrete Collector 2025 DT Shoreline S Turn Around Power Preservation Concrete Collector 2025 1 Buford Staples Shoreline Blvd Rehabilitation In House Local 2025 1 Furman Staples Shoreline Rehabilitation In House Local 2021-2026 IMP Street List 6/22/2022 10 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classificabon 2025 1 Mallard Violet Widgeon Rehabilitation In House Local 2025 1 Nelon Violet Dead End Rehabilitation In House Local 2025 1 Widgeon Mallard Dead End Rehabilitation In House Local 2025 1 Beechcraft Post Fleet Rehabilitation In House Local 2025 1 Braniff Virginia Post Rehabilitation In House Local 2025 1 Cub Virginia Post Rehabilitation In House Local 2025 1 Curtiss Virginia Post Rehabilitation In House Local 2025 1 Eastern Virginia Post Rehabilitation In House Local 2025 1 Fairchild Virginia Post Rehabilitation In House Local 2025 1 Lockheed Virginia Post Rehabilitation In House Local 2025 1 Post Eastern Beechcraft Rehabilitation In House Local 2025 1 Ryan Beechcraft Virgina Rehabilitation In House Local 2025 1 Stinson Virginia Post Rehabilitation In House Local 2025 1 Wright Virginia Post Rehabilitation In House Local 2025 1 Sessions IH 37 Dead End Rehabilitation In House Local 2025 1 Breckenridge Petty Quaile Rehabilitation In House Local 2025 1 Petty Van Cleve Breckenridge Rehabilitation In House Local 2025 1 Villa Leopard Baldwin Rehabilitation In House Local 2025 2 Casa Blanca Hayward Casa De Oro Rehabilitation In House Local 2025 2 Casa Bonita Casa Linda Casa Verde Rehabilitation In House Local 2025 2 Casa De Amigos Casa Linda Casa Grande Rehabilitation In House Local 2025 2 Casa De Oro Orlando Corta Rehabilitation In House Local 2025 2 Casa De Palmas Casa Linda Orlando Rehabilitation In House Local 2025 2 Casa Grande Casa De Amigo Corta Rehabilitation In House Local 2025 2 Casa Linda Staples S Casa Rosa Rehabilitation In House Local 2025 2 Casa Verde Casa Bonita Casa Blanca Rehabilitation In House Local 2025 2 Corta Casa Grande Kostoryz Rehabilitation In House Local 2025 2 Norton Kostoryz Casa Verde Rehabilitation In House Local 2025 2 Orlando Kostoryz Casa Linda Rehabilitation In House Local 2025 2 Texan Trl Staples Casa Bonita Rehabilitation In House Local 2025 2 Nogales Carver Elgin Rehabilitation In House Local 2025 2 Beechcraft Post Fleet Rehabilitation In House Local 2025 2 Ryan Post Virgina Rehabilitation In House Local 2025 3 Gaviota Scapular County Rd 36 Rehabilitation In House Local 2025 3 Mariposa Simon Scapular Rehabilitation In House Local 2025 3 Scapular Clarkwood Gaviota Rehabilitation In House Local 2025 3 Simon Clarkwood Stock Rehabilitation In House Local 2025 3 Stock Clarkwood Simon Rehabilitation In House Local 2025 4 Argonne Wallace Paul Jones Rehabilitation In House Local 2025 4 Barnhart Wallace Paul Jones Rehabilitation In House Local 2025 4 Brittany Wallace Paul Jones Rehabilitation In House Local 2025 4 Decatur Wallace Paul Jones Rehabilitation In House Local 2025 4 Moffett Merriman Paul Jones Rehabilitation In House Local 2025 4 Sims Wallace Paul Jones Rehabilitation In House Local 2025 4 Vetters Wallace Paul Jones Rehabilitation In House Local 2025 4 Berlet Yorktown Blvd Dead End Rehabilitation In House Local 2025 4 Brigantine Main Royal Caraval Rehabilitation In House Local 2025 4 Capstan White Cap Blvd Brigantine Rehabilitation In House Local 2025 4 Main Royal White Cap Blvd Brigantine Rehabilitation In House Local 2025 4 A La Entrada Calle Primavera Dead End Rehabilitation In House Local 2025 4 Aquarius Cabana N Bello Rehabilitation In House Collector 2025 4 Bello Aquarius Dragonet Rehabilitation In House Local 2025 4 Dragonet Cabana N Bello Rehabilitation In House Local 2025 4 Nube Primavera Dead End Rehabilitation In House Local 2025 4 Primavera Dragonet Dead End Rehabilitation In House Local 2025 4 Tajamar A La Entrada Dead End Rehabilitation In House Local 2025 4 Burgentine Newcastle Paradise Rehabilitation In House Local 2025 4 Newcastle Whispering Oak Burgentine Rehabilitation In House Local 2025 4 Paradise Whispering Oak Burgentine Rehabilitation In House Local 2025 4 Whispering Oak Roscher Dead End Rehabilitation In House Local 2025 4 Ramfield Roscher Flour Bluff Rehabilitation In House Local 2025 4 Rex Laguna Shores Whiteley Rehabilitation In House Local 2021-2026 IMP Street List 6/22/2022 11 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM • WORK 2025 4 Whiteley Rex Thelma Rehabilitation In House Local 2025 5 Briarhurst Roanoke Dunbarton Oak Rehabilitation In House Local 2025 5 Clairfield Roanoke Charter Rehabilitation In House Local 2025 5 Downing Dunbarton Oak Airline Rd Rehabilitation In House Local 2025 5 Kennsington Hampton Dunbarton Oak Rehabilitation In House Local 2025 5 Roanoke Dunbarton Oak Clairfield Rehabilitation In House Local 2025 5 Royal Ct Downing Dead End Rehabilitation In House Local 2025 5 Anastasia Bratton Cool Breeze Rehabilitation In House Local 2025 5 Cool Breeze South Wind Dead End Rehabilitation In House Local 2025 5 East Wind Aaron Windchime Rehabilitation In House Local 2025 5 South Wind Bratton Cool Breeze Rehabilitation In House Local 2025 5 Spring Wind Bratton Cool Breeze Rehabilitation In House Local 2025 5 Summer Wind Wind Chime Bratton Rehabilitation In House Local 2025 5 Summertime Bratton Cool Breeze Rehabilitation In House Local 2025 5 West Wind Bratton Cool Breeze Rehabilitation In House Local 2025 5 Wind Chime East Wind Summer Wind Rehabilitation In House Local 2025 5 Windy Way Bratton Cool Breeze Rehabilitation In House Local 2025 5 Vanern Venice Lake Superior Rehabilitation In House Local 2025 DT Cabra Lake Chipito Rehabilitation In House Local 2025 DT Chipito Staples Waco Rehabilitation In House Local 2025 DT Lake Staples Waco Rehabilitation In House Local 2025 DT Winnebago Staples N Crosstown Rehabilitation In House Local 2024 5 Mountain Wood Fox Run Opengate Reconstruction RSRP Local 2024 5 Opengate Lostgate Timbergate Reconstruction RSRP Local 2024 5 St James Ct Lipes Dead End Reconstruction RSRP Local 2024 5 Sun wood Dr Lipes Pepper Mill Reconstruction RSRP Local 2024 5 Moritz Lake Oso Pkwy Lake Bolsena Reconstruction RSRP Local 2025 1 Moon Light Rand Morgan IH 37 Reconstruction RSRP Local 2025 1 Sunray IH 37 Dead End Reconstruction RSRP Local 2025 1 River Ridge Rolling Ridge River Vally Reconstruction RSRP Local 2025 1 River Ridge Cir River Ridge Dead End Reconstruction RSRP Local 2025 1 Rolling Ridge River Canyon Dead End Reconstruction RSRP Local 2025 2 Kent Cir Ray Dead End Rehabilitation RSRP Local 2025 2 Miller Cir Ray Dead End Rehabilitation RSRP Local 2025 2 Ray Hayward Dead End Reconstruction RSRP Local 2025 2 Cornwall Hawthorne Shely Reconstruction RSRP Local 2025 2 Hawthorne Crosstown Shely Reconstruction RSRP Local 2025 2 Shely Churchill Crosstown Reconstruction RSRP local 2025 3 Kendall W Larcade Mansheim Reconstruction RSRP Local 2025 3 Larcade W Kendall Mansheim Reconstruction RSRP Local 2025 3 Revolution Senators Congressional Rehabilitation RSRP Local 2025 3 Crestgrove Cresthill Crestmeadow Reconstruction RSRP Local 2025 4 Deck Harbor Lights Harbor Village Rehabilitation RSRP Local 2025 4 Harbor Lights Baylark Deck Rehabilitation RSRP Local 2025 4 Harbor Village Baylark Deck Reconstruction RSRP Local 2025 4 Pier Harbor Lights Harbor Village Reconstruction RSRP Local 2025 5 Aspen Grove Cedar Pass Windy Ridge Rehabilitation RSRP Local 2025 5 Constance Thundersee Venice Reconstruction RSRP Local 2026 1 Granada Longview Dead End Rehabilitation RSRP Local 2026 1 Mars Venus Rain Tree Reconstruction RSRP Local 2025 1 Leopard N Violet Callicoatte Rehabilitation SPMP Arterial 2025 1 Leopard S Violet Callicoatte Rehabilitation SPMP Arterial 2025 2 Fig Tarlton Shely Rehabilitation SPMP Local 2025 2 Shely Ayers Churchill Rehabilitation SPMP Local 2025 2 Greenwood Lawton Horne Rehabilitation SPMP Arterial 2025 2 Greenwood Baldwin Lawton Rehabilitation SPMP Arterial 2025 2 Horne Kostoryz Devon Preservation SPMP Collector 2025 2 Louisiana Access Staples Louisiana S Rehabilitation SPMP Collector 2025 2 Louisiana S Staples Ocean Rehabilitation SPMP Collector 2025 2 Robert Alameda S Ocean Rehabilitation SPMP Collector 2025 2 Santa Fe Robert Doddridge Rehabilitation SPMP Collector 2025 3 Greenwood Trojan Padre Island Dr Rehabilitation SPMP Arterial 2021-2026 IMP Street List 6/22/2022 12 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2025 3 Greenwood Gollihar West Point Rehabilitation SPMP Arterial 2025 3 Greenwood Lawton Horne Rehabilitation SPMP Arterial 2025 3 West Point Padre Island Dr Greenwood Rehabilitation SPMP Collector 2025 4 The Mansions Roddfield Oso Pkwy Rehabilitation SPMP Local 2025 5 Oso Pkwy Yorktown Blvd Staples Rehabilitation SPMP Collector 2025 5 The Mansions Roddfield Oso Pkwy Rehabilitation SPMP Local 2026 2 Staples S Brawner Kostoryz Preservation Concrete Arterial 2026 3 Kingpin Flato Padre Island Dr Preservation Concrete Local 2026 DT Artesian Leopard Mestina Preservation Concrete Local 2026 DT Mestina Staples S Artesian Preservation Concrete Local 2026 DT Staples N Comanche Antelope Preservation Concrete Arterial 2026 DT Waco Leopard Mestina Preservation Concrete Local 2026 1 Cynthia River Sharpsburg Rehabilitation In House Local 2026 1 Figueroa Sharpsburg Ramos Rehabilitation In House Local 2026 1 Ramos River Figueroa Rehabilitation In House Local 2026 1 River Zamora Cynthia Rehabilitation In House Local 2026 1 Zamora Sharpsburg Ramos Rehabilitation In House Local 2026 1 Leigh Leopard Villa Rehabilitation In House Local 2026 1 Quaile Van Cleve Breckenridge Rehabilitation In House Local 2026 1 Scott Leigh Quaile Rehabilitation In House Local 2026 1 Van Cleve Leopard Quaile Rehabilitation In House Local 2026 1 Westland Villa Mac Leod Rehabilitation In House Local 2026 1 Cantwell IH 37 Leopard Rehabilitation In House Local 2026 1 Leonard Leopard Starlite Rehabilitation In House Local 2026 2 Ada Washington Elgin Rehabilitation In House Local 2026 2 Carver Lawton Soledad Rehabilitation In House Local 2026 2 Dixie Washington Elgin Rehabilitation In House Local 2026 2 Elgin Soledad Lawton Rehabilitation In House Local 2026 2 Kitchens Washington Elgin Rehabilitation In House Local 2026 2 Lawton Greenwood Dead End Rehabilitation In House Local 2026 2 Rogers Washington Elgin Rehabilitation In House Local 2026 2 Washington Soledad Lawton Rehabilitation In House Local 2026 2 Blevins Ayers Naples Rehabilitation In House Collector 2026 2 Edward Ayers Naples Rehabilitation In House Local 2026 2 Fannin Ayers Dead End Rehabilitation In House Local 2026 2 Lewis Edward Fannin Rehabilitation In House Local 2026 2 Norton Ayers Naples Rehabilitation In House Local 2026 2 Tarlton Ayers Naples Rehabilitation In House Local 2026 2 Watson Ayers Naples Rehabilitation In House Local 2026 3 Beardmore Persimmons Dead End Rehabilitation In House Local 2026 3 Bevecrest Ayers Beardmore Rehabilitation In House Local 2026 3 Cindia Bevecrest Dead End Rehabilitation In House Local 2026 3 Deer Creek Persimmons Dead End Rehabilitation In House Local 2026 3 Kaycrest Bevecrest Dead End Rehabilitation In House Local 2026 3 La Crosse Persimmons Dead End Rehabilitation In House Local 2026 3 Pendleton Persimmons Dead End Rehabilitation In House Local 2026 3 Persimmon Choctaw Bevecrest Rehabilitation In House Local 2026 3 Sharolyn Bevecrest Dead End Rehabilitation In House Local 2026 3 Williston Persimmons Dead End Rehabilitation In House Local 2026 3 Beacon Baldwin Dead End Rehabilitation In House Local 2026 3 Forty Fifth Agnes Santa Elena Rehabilitation In House Local 2026 3 Forty Fourth Agnes Santa Elena Rehabilitation In House Local 2026 3 Locke Ln Wickersham Wickersham Rehabilitation In House Local 2026 3 Woodstone Locke Wickersham Rehabilitation In House Local 2026 3 Long Cir Montecita Dead End Rehabilitation In House Local 2026 3 Meadow Cir Montecita Dead End Rehabilitation In House Local 2026 3 Montecita Longmeadow Saratoga Rehabilitation In House Local 2026 4 Ambrosia Aquarius Jackfish Rehabilitation In House Local 2026 4 Goldfish Ambrosia Jackfish Rehabilitation In House Local 2026 4 Indigo Ambrosia Jackfish Rehabilitation In House Local 2026 4 Marina Padre Island Dr Ambrosia Rehabilitation In House Local 2026 4 Scallop Ambrosia Jackfish Rehabilitation In House Local 2021-2026 IMP Street List 6/22/2022 13 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE Classification 2026 4 Merriman Brittany Moffett Rehabilitation In House Local 2026 4 Wallace Padre Island Dr Sims Rehabilitation In House Local 2026 4 Bayberry E Bayberry N Bayberry S Rehabilitation In House Local 2026 4 Bayberry N Waldron Bayberry E Rehabilitation In House Local 2026 4 Bayberry S Bayberry E Waldron Rehabilitation In House Local 2026 4 Juniper Tulane Oakridge Rehabilitation In House Local 2026 4 Meadowood Glenoak Dead End Rehabilitation In House Local 2026 4 Oakridge Tulane Juniper Rehabilitation In House Local 2026 4 Tulane Glenoak Oakridge Rehabilitation In House Local 2026 5 Ammer Lake Bistineau Dead End Rehabilitation In House Local 2026 5 Bistineau Ammer Lake Vanern Rehabilitation In House Local 2026 5 Canyon Lake Venice Dead End Rehabilitation In House Local 2026 5 Lake Charles Bistineau Dead End Rehabilitation In House Local 2026 5 Lake Huron Venice Thundersee Rehabilitation In House Local 2026 5 Schwerin Lake Venice Dead End E&W Rehabilitation In House Local 2026 5 Benchfield Boston Dead End Rehabilitation In House Local 2026 5 Cedar Brook Spring Brook Stony Brook Rehabilitation In House Local 2026 5 Clear Brook Boston Spring Brook Rehabilitation In House Local 2026 5 Cold Springs Boston Spring Brook Rehabilitation In House Local 2026 5 Creekmont Boston Dead End Rehabilitation In House Local 2026 5 Northfield Boston Spring Brook Rehabilitation In House Local 2026 5 Spring Brook Boston Clear Brook Rehabilitation In House Local 2026 5 Timber Crest Boston Spring Brook Rehabilitation In House Local 2026 5 Bratton Weber Aaron Rehabilitation In House Local 2026 5 Robina Acushnet Saloumeh Rehabilitation In House Local 2026 5 Saloumeh Way Acushnet Robina Rehabilitation In House Local 2026 5 Wood Iron Acushnet Crenshaw Rehabilitation In House Local 2026 DT Blucher Staples N Carrizo Rehabilitation In House Local 2026 DT Carrizo Lipan Blucher Rehabilitation In House Local 2026 1 Rain Tree Ln Moonglow Mars Ave Reconstruction RSRP Local 2026 1 Venus Sunshine Mars Ave Reconstruction RSRP Local 2026 1 Ethel Naylor S Naylor N Rehabilitation RSRP Local 2026 1 Naylor Cir S Naylor N Naylor N Reconstruction RSRP Local 2026 2 Churchill Trenton Robin Reconstruction RSRP Local 2026 2 Haroldson Alameda Dead End Rehabilitation RSRP Local 2026 2 Sheridan Gollihar Alameda S Reconstruction RSRP Local 2026 3 Kendall E Mansheim Larcade Reconstruction RSRP Local 2026 3 Larcade E Mansheim Kendall Reconstruction RSRP Local 2026 3 Durant Cir Fulton Dead End Rehabilitation RSRP Local 2026 3 Cresthill Crestmore Carroll W Reconstruction RSRP Local 2026 3 O'Toole Del Starr Kerry Rehabilitation RSRP Local 2026 5 Quail Hollow Oso Pkwy Twin Creek Reconstruction RSRP Local 2026 5 Twin Creek Oso Pkwy Quail Hollow Reconstruction RSRP Local 2026 5 Edgebrook Shadowbend Cedar Pass Reconstruction RSRP Local 2026 1 Goodnight-Loving Rand Morgan Rhumba Trail Rehabilitation SPMP Local 2026 1 Oregon Trail Rand Morgan Dead End Rehabilitation SPMP Local 2026 1 Agnes King Crosstown Rehabilitation SPMP Arterial 2026 1 Booty Brownlee Fifth Rehabilitation SPMP Collector 2026 1 Greenwood Port Baldwin Rehabilitation SPMP Arterial 2026 1 Up River St Palm Fairview Rehabilitation SPMP Collector 2026 2 Carroll Staples Houston Rehabilitation SPMP Collector 2026 2 Texan Trl Staples Alameda Rehabilitation SPMP Collector 2026 2 Texan Trl Alameda Santa Fe Rehabilitation SPMP Collector 2026 3 Bonner Staples Everhart Rehabilitation SPMP Local 2026 3 Greenwood Padre Island Dr Holly Rd Rehabilitation SPMP Arterial 2026 3 Shaw Horne Harvard Rehabilitation SPMP Local 2026 4 McArdle Airline Rd Whitaker Rehabilitation SPMP Collector 2026 4 Oso Pkwy Holly Canadian Rehabilitation SPMP Collector 2026 4 Quetzal Sunbird Blue Jay Rehabilitation SPMP Local 2026 4 Tesoro White Cap Blvd Port Royal Ct Rehabilitation SPMP Local 2026 4 Texan Trl Alameda Santa Fe Rehabilitation SPMP Collector 2026 5 Boston Staples Yorktown Rehabilitation SPMP Collector 2021-2026 IMP Street List 6/22/2022 14 2021-2026 Infrastructure Management Plan(IMP)Street List YEAR I DISTRICT STREET FROM TO WORK PLANNED FUNDING SOURCE I Classification 2026 5 Impala Kodiak Dead End Rehabilitation SPMP Local 2026 5 Kodiak Cimarron Wolverine Rehabilitation SPMP Local 2026 5 Player Saratoga Rd Eider Rehabilitation SPMP Collector 2026 5 Snowgoose Everhart Timbergate Rehabilitation SPMP Collector 2021-2026 IMP Street List 6/22/2022 15 City of Corpus Christi Streets Hot mix Plants Goal: Plant to pavement faster gar o�� t 6 p F , PAYE ABERRY Company I , Max Plant production = AVG 800 to 2,000 tons per day Current City HMAC utilization = AVG 334 tons per day 4/25/2023 IMP Program Goals RSRP PW IH SPMP - New pavement - New pavement - New pavement (reconstruction/rehabilitation) (rehabilitation) (rehabilitation) - Improve curb and gutter - Spot curb and gutter - Spot curb and gutter - Improve sidewalk - Spot sidewalk - Spot sidewalk - Improve storm water - New ADA ramps - New ADA ramps Note: Future Street Projects will Now include Improving Existing Utilities in Addition to Program Goals 4/25/2023 Current IMP Productivity RSRP PW 1H SPMP 6 CL miles/year 9 CL miles/year 12 CL miles/year 9,564 tons/year 23,500 tons/year 35,115 tons/year 47 tons/day 115 tons/day 172 tons/day Current 27 CL miles/year Overall 68,179 tons/year program productivity 334 tons/day L 4/25/2023 Impact to Productivity Current IMP Current Productivity 27 CL miles/year 24.75 CL miles/year 4/25/2023 5 68,179 tons/year 64,187 tons/year 334 tons/day 315 tons/day Analysis Local Streets w/ PCI 0-55 AVG PCI 86-100 RSRP =6 CL Miles/Yr 156 CL Productivity V' x \�� Miles PCI 0—55 � 373 CL LOCAL miles STREETS PCI 56—85 324 CL AVG =12 CL Miles/Yr Miles Degradation Local streets -� P"1� \7 ➢ 373 CL miles rated with PCI 0—55(Failed to Very Poor) Legentl g-a % ➢ 12 Mile Degradation—6 Mile Productivity=6 Degradation Annually Despite aarznNceo-ss f 5\ % Repairs ➢ Current RSRP Productivity(w/o Degradation) • 62 years to complete 4/25/2023 $930 Million(2023 Estimate) Pavement Treatments PCI Street Maintenance Type&Applications 86-100 Preventative Maintenance- Crackseal, Ultrathin 71-85 Maintenance- Mill & Overlay 56-70 Rehabilitation- Mill & Overlay, base repairs 0-55 Reconstruction- Full depth pavement reconstruction �f Preservation Maintenance/Rehabilitation Reconstruction , . w 4/25/2023 Recommendation Existing IMP Pavement Only Approach y 9 ( e 1' 3931' 30 B -28 ! .1. aw ! dpi 39 30 39 31 1A 25 32 31 36 '93 39 3E. ,41 1 E A o Sri� �„b ¢ �i pELGADO ST � 35 o� .Q m ^o0 100 100 �m y `!� 31 52, 1.d}I wy GARDEN RD � �' a��l � !�✓LI � G 9 GARDEN RD �RD'EN W 3 �4RDfN 3T 68 v ]d 39 f JU 7 3 oJAri o�p��. L$ f 'iC aw•� oJAH oa' :09•. � 1 Y. ;96A X90 A2 4/25/2023 Recommendation Comparison of approaches to improve 373 CL miles of local streets with PCI 0 — 55 (Failed to Very Poor) Current IMP Pavement Only Approach 6 CL miles/year 31 CL miles/year 62 years � 12 years $930 Million � $180 Million Note: 5 times as many street CL miles will be paved with the Pavement Only Approach 4/25/2023 Recommendation Project Level Plan Anderson Bay Reclaim Columbia F(cement slurry) . 1 000 000 000 000 000 000 000 000 000 000 000 PW IH HAC BAY J. CARROL A. ORTIZ JE ROVAN GRACE CLARK MAKO JHABORES Pavement Only Approach Utilize all paving capacity to resurfacing streets 4/25/2023 Target Productivity LOCAL AND COLLECTOR STREETS 15 CL miles/year 31 CL miles/year 33,064 tons/year 85,787 tons/year 162 tons/day 420 tons/day Overall 37.25 CL miles/year program estimated 147,837 tons/year tons/dayTARGET 724 productiviti 4/25/2023 11 Direct Results Indirect Results • Faster fix to bad streets • Fewer potholes to repair Less consultant cost Higher PCI result(with • Reduced testing cost exception) • Improved safety to due to Less call-in complaints in Assist with bridging a resurface streets Reduced detours g g g p • Less 311 work orders Less concrete cost until start of Bond • Reduce vehicle damage Projects • Less flexbase cost • Better public perception Increase in funds to fix streets IMP IMP w/Utilities IMP Pavement only Approach Overall progr: 27 miles/year 24.75 miles/year 37.25 miles/year TARGETestimated" 68,179 tons/year 64 187 tons/year 47,837 tons/year -6 334 tons/da 315 tons/day 724 tons/day 4/25/2023 12 I • Minimum 12 year duration; Establish baseline • Projected PCI will be 72 with current published IMP • Increase project production from 27 CL miles/year to 37 CL miles/year • Increase HMAC production from 334 tons/day to 724 tons/day • Utilize bonds to address arterials and collectors • Incorporate a score based assessment of curbs, gutters, and sidewalks 4/25/2023 so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Ernest De La Garza, P.E., Director of Public Works edelagarza(a-)cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Bond 2022 Program Mass Selection of Design Consultants Proposition A— Streets Projects CAPTION: Resolution authorizing the negotiation and execution of 13 professional services contracts for Civil Engineering Services in an amount not-to-exceed $14,938,000.00 with the ten top scoring engineering consultants for the Bond 2022 Streets projects, located Citywide, with funding available from the Streets Bond 2022 Fund. SUMMARY: This item is to approve the mass selection of engineering design consultants for the Bond 2022 Streets projects and authorize staff to negotiate and execute contracts up to a cumulative maximum amount. A total of 13 professional services contracts will be executed. Staff recommends the selection of the top ten firms to receive design contracts. BACKGROUND AND FINDINGS: On November 8, 2022, voters approved the City of Corpus Christi's Bond 2022 Program for a total of $125 million with thirty-two projects. The propositions passed on election day include projects for streets, parks and recreation, public safety, and library improvements. Proposition A—Streets projects includes a total of fifteen projects with an estimated cost of$92.5 million. The streets projects are located Citywide. The estimated cost of $92.5 million includes designing, constructing new streets or rehabilitating existing streets, sidewalks, and any related surface improvements. The Utilities costs have historically averaged approximately the same value as the surface improvements. General Obligation bonds are used to fund the underground improvements. The overall estimated total construction cost for the Bond 2022 streets projects is estimated to be $185M. Out of the fifteen projects, 13 projects require professional services. The remaining 2 projects (Yorktown Road Boulevard and the Beach Access Road 3) are budgeted for construction only since the design was funded on Bond 2020. This item will grant staff the ability to negotiate and execute professional services contracts with ten design consultants for the 13 Bond 2022 streets projects with a total amount not to exceed of $14,938,000.00. The estimate of$14,938,000.00 is based on an approximation of 8-9 percent of the estimated construction cost for a design fee budget. Since there are some projects funded for design only, the overall design budget is higher than 8-9 percent of the total Bond 2022 construction budget. Traditionally, Engineering Services has presented the Council with individual design contracts for each project. This has created a large volume of agenda activity and delayed program execution on past Bond programs. On Bond 2020, Proposition A — Streets Projects, the City followed a similar mass selection process for the engineering contracts. That expedited the execution of the Bond 2020 street program with 90% of the projects having design completed. Staff is seeking this mass approval of the street design contracts to expedite the execution of the Bond 2022 Program. The subsequent construction contracts for these projects will be competitively bid on and presented to the council for action as individual action items. Upon the passage of this item, all projects will proceed to scoping, negotiation and contracting. Some projects should start design as early as June 2023. All Bond 2022 street projects should enter the design phase by September 2023. COMPETITIVE SOLICITATION PROCESS: On October 17, 2022, the Contracts and Procurement Department issued a Request for Qualifications for the engineering services with the RFQ Number 4413 for Professional Engineering and Testing Services for FY2023 and Bond 2022. The city received a total of 18 Statements of Qualifications for Bond 2022 Proposition A Streets. The selection committee consisted of representatives from the City Manager's Office, Engineering Services, and Public Works. On March 1, 2022, the selection committee conducted interviews for 15 of the firms that were recommended by the evaluation committee. Firms were ranked based on five factors: 1) firm's experience and qualifications of firm; 2) experience and qualifications of the project manager and key staff; 3) project approach and management plan; 4) respondent capacity; and 5) respondent past performance. The selection committee is recommending award to the following ten design consultants: • Ardurra Group, Inc. • Freese and Nichols, Inc. • CivilCorp, LLC • Halff Associates, Inc. • Hanson Professional Services, Inc. • HDR Engineering, Inc. • J. Schwarz & Associates, Inc. • LJA Engineering, Inc. • Munoz Engineering, LLC • Pape-Dawson Engineers, Inc. All the selected firms are located in Corpus Christi. The consultants were matched with appropriate projects based on the evaluation criteria. Attached is the City's recommendation of award for each street project. The 13 street projects have a first-choice recommendation and a second-choice recommendation in the event that successful contract negotiations cannot be completed with the first-choice recommendation. ALTERNATIVES: The alternative is to present these contracts to Council for individual consideration which will delay execution of the Bond 2022 Program. FISCAL IMPACT: The fiscal impact in FY2023 is an amount of$14,938,000.00 with funding available from the Streets Bond 2022 Fund. FUNDING DETAIL: Fund: 2023 GO Bd22 Prop A - Streets (Fund 3561) Dep: Street (33) Org: Org (89) Project: Mass Selection of Design Consultant (Project: 21045 to 21066) Account: Outside Consults (550950) Amount: $14,938,000.00 The design contracts will be initially funded through the General Obligation Bond proceeds. Journal entries will be made after bids are received to allocate the utility design costs based on the utility improvement costs in the successful bid. RECOMMENDATION: Staff recommends that the City Council authorize staff to negotiate and execute all documents and contracts as needed in connection with the delivery of the Bond 2022 Program, Proposition A—Streets projects. LIST OF SUPPORTING DOCUMENTS: Resolution Map List of Recommended Consultants & Streets Project List of Streets Projects in Council District Presentation Program! Design Budget 7st Choice 2nd Choice Project Funding Council Length including Design Budget Design Recommend Recommend g Source District Project Name (Miles) Bond Funds$ Litil"dy Funds$ Total Project$ SUE+Geo-tech (AIE only) Design Budget Budget4 ation ation UpperlMiddlel Lower 23155 Band 2022 1 Broadway(Coopers Alley to 055 $ 2.600.000 $ 2.600,000 $ 5 200 000 $ 5,200,000 00 $ 3.640.000 00 $ 2.100.000 00 7n% FNI Hanson Twigg)(Design Only) 23157 Band 2022 2 Alameda Street(Texan to 0.85 $ 2.000.000 $ 2.000.000 $ 4.000.000 $ 4,OOO.00OQ00 $ 2.800.000.00 $ 1.000.000.00 70% Hanson HDR Doddrid e)(Desi n Only) 23161 Bond 2022 4 Flour Bluff Drive(Yorktown to 252 $ 14,000,000 $ 14,000,000 $ 28,000,000 $ 2,800,000.00 $ 2,380,000.00 $ 2,100,000.00 9% HDR FNI Don Patricio 23156 Bond 2022 2 AlamedaStreet(Airline to 0.9 $ 13,300,000 $ 13,300,000 $ 26,600,000 $ 2,660,000.00 $ 2.,261,000.00 $ 1,100,000.00 9% Hanson LJA Everhart 23162 Bond 2022 4 Holly Road(Paul Jones to 0.53 $ 1200.000 $ 1200,000 $ 2.400.000 $ 2,400,000.00 $ 1,680.000.00 $ 1.500.000.00 70% LJA HaffEnris JGslin Desi n Onl 23153 Bond 2022 1 StarliteLane(Violet to 139 $ 8,100,000 $ 8,100,000 $ 16,200,000 $ 1620,000.00 $ 1,377,000.00 $ 1,300,000.00 9% Haff Civil Corp Leopard) 23004 Bond 2022 1 McCampbell-(Agnes to 0.81 $ 7,000,000 $ 7,000,000 $ 14,000,000 $ 1,400,000.00 $ 1,190,000.00 $ 1,130,000.00 9% Pape Dawson HDR Leopard 23159 Bond 2022 3 Holly)roll Lane(SH 358 to 0.71 $ 5,100,000 $ 5,100,000 $ 10,200,000 $ 1,020,000.00 $ 867,000.00 $ 860,000.00 9% Civil Corp Pape Dawson 23158 Bond 2022 3 Bonner Drive(Everhart to 053 $ 4,200,000 $ 4,200,000 $ 8,400,000 $ 840,000.00 $ 714,000.00 $ 700,000.00 9% Munoz Ardurra 23163 Bond 2022 5 Timbergate Drive 0.44 $ 3,500,000 $ 3,500,000 $ 7,000,000 $ 700,000.00 $ 595,000.00 $ 595,000.00 9% Ardurra LJA Snow Gose to Staples) 23164 Bond 2022 5 Aaron Dr-(Saratoga BW to 0.46 $ 2,800,000 $ 2,800,000 $ 5,600,000 $ 560,000.00 $ 476,000.00 $ 475,000.00 9% JSA Munoz Summer Winds 23160 Band 2022 3 Martin Street(Holy to 0.27 $ 2,700,000 $ 2,700,000 $ 5,400,000 $ 540,000.00 $ 459,000.00 $ 450,000.00 9% LJA JSA Dorado 231 EA Bond 2022 1 SursideBlvd(Breakwater to 0.2 $ 1,600,000 $ 1,600,000 $ 3,200,000 $ 320,000.00 $ 272,000.00 $ 270,000.00 9% Civil Corp Pape Dawson Contract Value $68,100,000 no $68,100,000 00 $136,200,000 00 $24,060,000 00 $18,711,000 00 $13,500,000 00 Conti enc 10%) $ 1,350,000.00 Total Dena,C_r:-ad Value $14 938 000.00 Resolution authorizing the negotiation and execution of 13 professional services contracts for Civil Engineering Services in an amount not to exceed $14,938,000 with the ten top scoring engineering consultants for Bond 2022 Proposition A Street Projects, located Citywide, with funding available from the Streets Bond 2022 Fund. WHEREAS, on November 8, 2022, voters approved Bond 2022 Proposition A for the City to design, demolish, construct, renovate, improve, reconstruct, restructure and extend streets and thoroughfares and related land and right-of-way, sidewalks, streetscapes, collectors, drainage, landscape, signage and acquire land and right-of-way necessary thereto with priority given to the following street projects: McCampbell Road, from Agnes Street to Leopard Street Yorktown Boulevard, from Rodd Field Road to Oso Creek Bridge (Construction Only) Beach Access Road, from State Highway 361 to beach (Construction Only) Starlite Lane, from Violet Road to Leopard Street Surfside Boulevard, from Breakwater Avenue to Elm Street Upper/Middle/Lower Broadway Street, from Coopers Alley to Twigg Street Alameda Street, from Airline Road to Everhart Road including Avalon Street, from Everhart to Alameda and Robert Drive, from Alameda to Avalon Alameda Street, from Texan Trail to Doddridge Street Bonner Drive, from Everhart Road to Flynn Parkway Carroll Lane, from South Padre Island Drive to Holly Road Martin Street, from Holly Road to Dorado Street Flour Bluff Drive, from Yorktown Boulevard to Don Patricio Road Holly Road, from Ennis Joslin Road to Paul Jones Avenue Timbergate Drive, from Snowgoose Road to Staples Street Aaron Drive, from Saratoga Boulevard to Summer Winds Drive Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute professional services agreements for 13 Bond 2022 Proposition A Street Projects for a total not to exceed amount of $14,938,000 with the following firms: Ardurra Group, LLC Freese and Nichols, Inc. CivilCorp, LLC Halff Associates, Inc. Hanson Professional Services, Inc. HDR Engineering, Inc. J. Schwarz & Associates, Inc. LJA Engineering, Inc. Munoz Engineering, LLC Pape-Dawson Engineers, Inc. Section 2. In the event a firm fails to execute the contract for the respective Bond 2022 Proposition A project or fails to perform under an executed contract for the project, the City Manager or designee is authorized to execute a contract for the project(s) with a different firm authorized under Section 1 of this Resolution. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor RFQ No. 4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Evaluation Score Summary Proposal Evaluation Total Freese and Nichols 96.8 Hanson Professional Services 87.3 HDR Engineering 87.0 LJA Engineering 86.1 Halff Associates 83.0 CivilCorp 69.5 Pape Dawson 68.6 Munoz Engineering 67.4 Ardurra Group 66.8 J. Schwarz &Associates 65.1 AG3 Group 63.2 Binkley & Barfield 59.7 Lockwood Andrews and Newnam 59.2 International Consulting Engineers 47.1 Govind Development 42.1 Trimad Consultants 26.0 Tolunay Wong 12.0 ECS Southwest 11.0 RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Streets Bond 2022 and CIP FY2023 Proposal Evaluation Score AG3 Group Ardurra Group Binkley&Barfield ChAlCorp ECS Southwest Freese and Nichols Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/Certficatione7 ¢� eV o? N' NO Mater al Lawsu tsPastSYears cfi cf ofi V e NO Material Regulatory Issues Pas[SYears ofi V e ofi V e References P-i&d for Firm ofi V e ofi V e Technical Proposal 70.0 43.0 47.0 43.0 49.0 11.0 68.0 Experience on projects ofsimilar scope and complexity 7.0 4.6 4.9 4.6 4.2 1.1 6.7 Demonstrated capability&capacity on comparable projects 7.0 4.2 4.2 4.2 4.2 1.1 6.7 Past Performance 7.0 3.5 3.5 3.5 4.9 1.1 7.0 Team-b-with experience and qualifications 7.0 1 4.6 5.3 4.6 5.3 1 1.8 7.0 Team mem bers experience with work ofsimilarscop,and complexity 7.0 4.2 4.9 4.2 5.3 1.1 7.0 Availability ofresources to accomplish the work 7.0 2.8 4.9 4.6 5.3 1.1 6.7 Demonstrated understanding ofthe scope ofs-i- 14.0 9.1 9.1 8.4 9.8 2.1 13.3 Demonstrated understanding and experience with a public agency 14.0 9.8 10.5 9.1 9.8 2.1 13.3 Interview 30.0 20.2 19.8 16.7 20.5 0.0 28.8 Firm Experience on Projects of Similar Scope and Complexity 4.0 2.6 2.6 2.0 2.4 0.0 3.8 Firms Capability&Capacity on Comp as ble Projects 4.0 2.8 2.6 2.0 2.8 0.0 3.8 Firm Past Performance 2.0 0.9 1.1 0.9 1.2 0.0 1.9 Team Member Experience&Qualifications 4.0 2.8 2.8 2.0 3.0 0.0 4.0 Team Experience on work ofsimilar Scope and Complexity 4.0 28 2.8 2.2 3.0 0.0 3.8 Team Availability ofresources to accomplish the work 2.0 1.3 1.4 1.1 1.3 0.0 2.0 Demonstrated Understanding of Scope ofS-Anc 5.0 3.5 3.3 3.3 3.3 1 0.0 4.8 Demonstrated understanding and experience with a public agency 5.0 3.5 3.3 3.3 3.5 0.0 4.8 Total 100.0 63.2 66.8 59.7 69.5 11.0 96.8 RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Streets Bond 2022 and CIP FY2023 Proposal Evaluation Score GoAnd Development Halff Associates Hanson Professional HDR Engineering International J.Schwarz& Services Consulting Engineers Associates Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/CertficationV cfi C C J/ V NO Mater al Lawsu tsPastSYears ofi V e ofi V cf NO Material Regulatory Issues Pas[SYears ofi V e ofi V e References P-i&d for Firm ofi V e ofi V e Technical Proposal 70.0 31.0 58.0 61.0 61.0 33.0 43.0 Experience on projects fsimilar scope and complexity 7.0 3.2 5.6 6.7 6.7 3.5 4.2 Demonstrated capability&capacity on comparable projects 7.0 3.2 5.6 5.6 6.3 3.2 3.9 Past Performance 7.0 2.8 5.3 6.3 4.9 2.8 4.2 Team members with experience and qualifications 7.0 3.2 6.0 6.0 6.0 3.2 4.2 Team members experience with work ofsimilarscop,and complexity 7.0 3.2 6.0 5.6 6.3 3.5 4.2 Availability ofresources to accomplish the work 7.0 3.2 5.6 5.6 6.0 3.2 4.6 Demonstrated understanding ofthe scope ofs-i- 14.0 6.3 12.6 12.6 12.6 7.0 9.1 Demonstrated understanding and experience with a public agency 14.0 6.3 11.9 12.6 12.6 7.0 9.1 Interview 30.0 11.1 25.0 26.3 26.0 14.1 22.1 Firm Experience on Projects of Similar Scope and Complexity 4.0 1.8 3.2 3.6 3.6 1.6 3.0 Firms Capability&Capacity on Comp as ble Projects 4.0 1.4 3.4 3.4 3.6 1.6 2.4 Firm Past Performance 2.0 0.8 1.6 1.7 1.5 0.7 1.5 Team Member Experience&Qualifications 4.0 1.4 3.4 3.4 3.6 2.2 2.8 Team Experience on work ofsimilar Scope and Complexity 4.0 1.4 3.2 3.2 3.4 1.8 3.0 Team Availability ofresources to accomplish the work 2.0 0.8 1.7 1.7 1.5 09 1.1 Demonstrated Understanding of Scope ofS-nce 5.0 1.5 4.3 4.5 4.3 2.5 4.3 Demonstrated understanding and experience with a public agency 5.0 2.0 4.3 4.8 4.5 2.8 4.0 Total 100.0 42.1 83.0 87.3 87.0 47.1 65.1 RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Streets Bond 2022 and CIP FY2023 Proposal Evaluation Score LIA Engineering Lockwood Andrews Munoz Engineering Pape Dawson Trimad Consultants Tolunay Wong and Newnam Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/Cert ficationV/V V C C C NO Mater al Lawsu tsPastSYears ofi V e ofi V e NO Material Regulatory Issues Pas[SYears ofi V e ofi V e References P-i&d for Firm ofi V e ofi V e Technical Proposal 70.0 62.0 40.0 49.0 49.0 26.0 12.0 Experience on projects fsimilar scope and complexity 7.0 6.3 4.2 4.6 5.6 2.5 1.1 Demonstrated capability&capacity on comparable projects 7.0 6.0 3.5 4.2 4.9 2.1 1.4 Past Performance 7.0 6.3 3.5 4.2 4.6 2.8 1.4 Team-b-with experience and qualifications 7.0 6.7 3.9 5.3 4.9 2.5 1.4 Team members experience with work ofsimilarscop,and complexity 7.0 6.0 4.2 4.9 4.6 2.5 1.1 Availability ofresources to accomplish the work 7.0 6.0 3.5 4.6 3.9 2.5 1.1 Demonstrated understanding ofthe scope ofs-i- 14.0 12.6 8.4 10.5 10.5 5.6 2.8 Demonstrated understanding and experience with a public agency 14.0 12.6 8.4 10.5 9.8 5.6 2.1 Interview 30.0 24.1 19.2 18.4 19.6 0.0 0.0 Firm Experience on Projects of Similar Scope and Complexity 4.0 3.2 2.8 2.8 2.8 0.0 0.0 Firms Capability&Capacity on Comp as ble Projects 4.0 3.2 2.6 2.6 2.8 0.0 0.0 Firm Past Performance 2.0 1.5 1.1 1.2 1.1 0.0 0.0 Team Member Experience&Qualifications 4.0 3.4 2.8 2.2 2.2 0.0 0.0 Team Experience on work ofsimilar Scope and Complexity 4.0 3.2 2.2 2.2 2.4 0.0 0.0 Team Availability ofresources to accomplish the work 2.0 1.6 1.2 0.9 1.3 0.0 0.0 Demonstrated Understanding of Scope ofS-nce 5.0 4.0 3.3 3.3 3.5 0.0 0.0 Demonstrated understanding and experience with a public agency 5.0 4.0 3.3 3.3 3.5 0.0 0.0 Total 100.0 86.1 59.2 67.4 68.6 26.0 12.0 FUNDING OUR FUTURE BOND 2022 _ l .m. d Aare STREETS PROJECTS - MASS SELECTIONS 2022 • City Council Presentation April 25, 2023 BOND 2022 Pro'ect Summary Proposition Num• - of Projects • M, F-,Ilr@TFn MM Ni Total • • Streets 15 $92.5M 74% Parks 11 $20M 16% Public Safety 5 $10M 8% Library 1 $2.5M 2% Total 32 $125M 100% 7 PROPOSITION A - STREETS • $92.51M Allocation — 15 Streets in the 5 Council Districts • Focus on Arterials and Collectors — Reconstruction and Rehabilitation — Update lighting, sidewalk & curb r k repairs, Bike Lanes and ADA ramps k • Continuation of previous Bond and Street Preventative Maintenance Program projects .' CONTRACT NEGOTIATIONS • Mass selection and negotiation of 13 contracts. • Benefits include : — Less staff time spent on council items and negotiating • Faster execution • 5-6 months time savings — Cost savings in staff time and negotiating — Timely completion of schedule RFQ SCHEDULE !1-1 4413 - Professional En. . and Testing Services for FY 2023 . Bond 2022 o .t Date Activity 10/17/2022 Request for Qualifications Issued 10/26/2022 Pre-Qualifications Conference 11/18/2022 Requests for Clarifications Due 11/12/2022 Responses to Requests for Clarifications Due 1 r 12/7/2022 Statement of Qualifications Due 02/10/2023 Review Statement of Qualifications 03/1/2023- IF Interviews 03/2/3023 I T g2 REVIEW & EVALUTION CRITERIA • Received 18 Statements of Qualifications • 15 Firms Recommended for Interviews • 10 Firms Recommended for Award • Evaluation Criteria : 1) Firms' Experience 2) Team Experience 3) Understanding of Project Scope Total for Technical Proposal = 70 points Total for Interview = 30 points Total = 100 points PROJECT SUMMARY 1st Choice 2nd Choice Pro ect Name Bond Funds$ UtilityFunds$ Total Pro act$ Design Budget Recommendation Recommendation Upper/Middle/Lower Broadway(Coopers $ 2,600,000 $ 2,600,000 $ 5,200,000 $ 2,100,000.00 Hanson Iley to Twigg)(Design Only) Iameda Street(Texan to Doddridge) $ 2,000,000 $ 2,000,000 $ 4,000,000 $ 1,000,000.00 Har szr HDR (Design Only) Flour Bluff Drive(Yorktown to Don Patricio) $ 14,000,000 $ 14,000,000 $ 28,000,000 $ 2,100,000.00 HDR FNI Alameda Street(Airline to Everhart) $ 13,300,000 $ 13,300,000 $ 26,600,000 $ 1,100,000.00 Hanson LJA Holly Road(Paul Jones to Ennis Joslin) $ 1,200,000 $ 1,200,000 $ 2,400,000 $ 1,500,000.00 LJA Halff (Design Only) Stadite Lane(Violetto Leopard) $ 8,100,000 $ 8,100,000 $ 16,200,000 $ 1,300,000.00 Halff Civil Corp McCampbell-(Agnes to Leopard) $ 7,000,000 $ 7,000,000 $ 14,000,000 $ 1,130,000.00 Pape Dawson HDR Carroll Lane(SH 358 to Holly) $ 5,100,000 $ 5,100,000 $ 10,200,000 $ 860,000.00 Civil Corp Pape Dawson Bonner Drive(Everhart to Flynn) $ 4,200,000 $ 4,200,000 $ 8,400,000 $ 700,000.00 Munoz Ardurra imbergate Drive(Snowgoose to Staples) $ 3,500,000 $ 3,500,000 $ 7,000,000 $ 595,000.00 Ardurra LJA Aaron Dr-(Saratoga Blvd to Summer $ 2,800,000 $ 2,800,000 $ 5,600,000 $ 475,000.00 JSA Munoz Winds) Martin Street(Hollyto Dorado) $ 2,700,000 $ 2,700,000 $ 5,400,000 $ 450,000.00 LJA JSA Surfside Blvd(Breakwater to Elm) $ 1,600,000 $ 1,600,000 $ 3,200,000 $ 270,000.00 Civil Corp Pape Dawson Contract Value $68,100,000.00 $68,100,000.00 $136,200,000.00 $ 13,580,000.00 Contingency(10%) $ 1,358,000.00 otal Design Contract Value $ 14,938,000.00 7 14,17 7' STREET AWARD RECOMMENDATIONS Firm Rank Firm Name 1st Choice Recommendation 2nd Choice Recommendation 1 Freese and Nichols $ 2,100,000.00 $ 2,100,000.00 2 Hanson Professional $ 2,100,000.00 $ 2,100,000.00 Services 3 HDR Engineering Inc. $ 2,100,000.00 $ 2,130,000.00 4 LJA Engineering $ 1,950,000.00 $ 1,695,000.00 5 Halff Associates $ 1,300,000.00 $ 1,500,000.00 6 CivilCorp $ 1,130,000.00 $ 1,300,000.00 7 Pape Dawson $ 1,130,000.00 $ 1,130,000.00 8 Munoz Engineering $ 700,000.00 $ 475,000.00 9 Ardurra Group,Inc. $ 595,000.00 $ 700,000.00 10 J.Schwarz&Associates $ 475,000.00 $ 450,000.00 $ 13,580,000.00 $ 13,580,000.00 8 STREET AWARD RECOMMENDATION COMPARISION BETWEEN BOND 2020 AND BOND 2022 Bond 2020 Approved Design Budgets Bond 2022 Design Budgets Firm Names Approximate Design$ Firm Name Approximate Design$ Freese and Nichols $3,680,000 Freese and Nichols $2,100,000.00 LJA Engineering $3,800,000 Hanson Professional Services $2,100,000.00 Hanson Professional Services $2,580,000 HDR Engineering Inc. $2,100,000.00 HDR Engineering Inc. $2,220,000 LJA Engineering $1,950,000.00 Halff Associates $1,290,000 Halff Associates $1,300,000.00 Ardurra Group, Inc.(LNV, LLC.) $1,040,000 CivilCorp $1,130,000.00 Urban Engineering $1,360,000 Pape Dawson $1,130,000.00 Jacobs Engineering Group $190,000 Munoz Engineering $700,000.00 Lockwood Andrews and Newnam $180,000 Ardurra Group, Inc. $595,000.00 (LAN) Totals $16,340,000 J.Schwarz&Associates $475,000.00 $13,580,000.00 se GO � O AGENDA MEMORANDUM NowPORAz4° Action Item for the City Council Meeting of April 25, 2023 1852 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 Ernesto De La Garza, Director of Public Works ErnestoD2a-cctexas.com (361) 826-1677 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joshc2a-cctexas.com 361-826-3169 Advance Funding Agreement TxDOT Highway Safety Improvement Program TxDOT Participation and Mobility CAPTION: Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation for five (5) Highway Safety Improvements Program projects to install school zone improvements and mid-block crosswalks located in Council Districts 2 and 5, with the City's local participation in the amount of $24,206.60 of the total project value of $178,542.79 for reimbursement of direct costs with FY 2023 funding available from Street Fund. SUMMARY: This resolution authorizes an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for five (5) Highway Safety Improvements Program (HSIP) projects. The total estimated design and construction cost for the projects is $178,542.79. The city is required to pay TxDOT an amount of $24,206.60 for the direct state costs related to the oversight of activities to include environmental permitting, right of way coordination, engineering, utility coordination, and construction of the project. BACKGROUND AND FINDINGS: The Federal Highway Administration provides state funding for the Federal Highway Safety Improvement Program (HSIP) which provides construction funds for safety improvement projects that have the goal of reducing fatalities, serious injuries and crashes on and off the state highway system. HSIP funding is administered by TxDOT. Each TxDOT District office has been allotted funding for off-system construction projects on public roads in cities and counties. As part of the 2020 HSIP Call for Projects the Public Works Department (Traffic Engineering) submitted fifteen grant applications. In April 2021, the City received notification that thirteen of the fifteen grant applications submitted were approved. These projects focused on signalized intersections or uncontrolled mid-block crossings considered as high-risk locations (e.g., nearby schools, bus stops, traffic generators). Each application submitted was considered an independent project and funding was contingent upon the City providing a local match. The awarded funds will cover 90 percent of construction costs. The City is required to cover the remaining 10 percent of construction costs, design costs and overruns. HSIP projects are required to be advertised and awarded by TxDOT. These projects have been grouped to fall within budgeted programmed amounts for HSIP between FY2022—FY 2024. The first group (Group I) of projects was advertised in FY 2023 (April 2023). Group I consisted of mid-block crossings improvements at the following locations: • Everhart Road from Holly Road to South Shea Parkway, • Gollihar Road from Helen Street to Green Grove Drive, • McArdle Road from Clare Drive to Nile Drive, and • South Staple Street from Dody Street to Driftwood Street This AFA is for the Group II projects which will enhance mid-block crossings located in a school or hospital zone. Safety countermeasures include refuge islands, advanced warning signals, signs, and crosswalk markings. Listed below are the five project locations: • Gollihar Road from Mustang Trail to Pennington, (located in Council District 2) • Gollihar Road from Pennington to Meadowbrook, (located in Council District 2) • Alameda Street from Rossiter to Sinclair, (located in Council District 2) • Alameda Street from Sinclair to Ropes, (located in Council District 2) and • Yorktown from Dallas to Yorkshire Drive (located in Council District 5) The total estimated cost for the projects is $178,542.79, of which TxDOT is responsible up to a maximum cost of $134,120.60 and city is responsible for the remaining amount of $38,206.60. City will be providing the design services for the project locations which decrease the City's contribution to $24,206.60. Upon approval of the AFA, the project will be advertised for bidding by TxDOT in June 2023. ALTERNATIVES: City Council could choose not to execute the AFA with TxDOT, but the grant would be terminated. FISCAL IMPACT: The fiscal impact for FY 2023 is in the amount of$24,206.60 with funding available from the 1041 Street Fund. Funding Detail: Fund: Street (Fund 1041) Department: Streets Organization: Engineering Services (89) Project: 23147— Highway Safety Improvement Project (HSIP) Account: Construction (550950) Activity: 23147-01-1041-EXP Amount: $24,206.60 RECOMMENDATION: Staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: AFA Draft 0916-35-239, 240, 244, 245, & 249 HSIP Map Resolution PowerPoint - HSIP Resolution authorizing an Advance Funding Agreement(AFA)with the Texas Department of Transportation (TxDOT) for the Highway Safety Improvement Program (HSIP) that includes advanced warning signals, signs and raised medians at multiple locations Citywide, with City's required funding match of 10% in the amount of$24,206.60,with FY2023 funding available from 1041 Street Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) for the Highway Safety Improvement Project with the Texas Department of Transportation (TXDOT) and pay TXDOT the amount of $24,206.60 for reimbursement of direct state costs as the City's 10% match under the AFA. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Advance Funding Agreement, including minor amendments thereto. PASSED AND APPROVED on the day of 2023: Paulette M. Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For HSIP Off-System THIS AGREEMENT (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". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116073 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as Install Advance Warning Signals and Signs and improve School Zone on Gollihar Road.. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated (Enter Date of Resolution), which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the AFA LongGen Page 1 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd Project location appears in Attachment A, Location Map Showing Project (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 in this Agreement, it is agreed as follows: AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 N/A Utilities Article 8 2. N/A Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 11 4. State Construction Responsibilities Article 12 5. N/A Right of Way and Real Property Article 14 2. Period of the 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 the Project is completed or unless terminated as provided below. 3. Scope of Work The scope of work for the Project consists of the Local Government providing the Engineering for all the projects listed below and the following; CSJ 0916-35-239 will consist of the installation of advanced warning signals and signs along Gollihar Road from Mustang Trail to Pennington Drive, including the improvement of the school zones along these roadways. CSJ 0916-35-240 will consist of the installation of advanced warning signals, signs along Gollihar Road from Pennington Drive to Meadowbrook Drive. These projects also will include the improvement of the school zone these roadways. CSJ 0916-35-244; will consist of the installation of advanced warning signals and signs on South Alameda Street from Rossiter to Sinclair Street; including the improvement of the school zones along these roadways. CSJ 0916-35-245; will consist of the installation of advanced warning signals, signs and raised median on South Alameda Street from Sinclair Street to Ropes Street. These projects also will include the improvement of the school zone these roadways. AFA LongGen Page 2 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd CSJ 0916-35-249 will consist of the installation of delineators advanced warning signals and signs along Yorktown Blvd from Dallas Street to Yorkshire Drive. 4. Project Sources and Uses of Funds The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed 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 and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, 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 continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). 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. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the AFA LongGen Page 3 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. F. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. G. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment B. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) 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 cost. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. K. 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" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. L. The State will not pay interest on any funds provided by the Local Government. M. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §15.56, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. AFA LongGen Page 4 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, 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. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 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. R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. 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 costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The AFA LongGen Page 5 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 7. 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. 8. Utilities The party named in Article 1, Responsible Parties, under AGREEMENT 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 commenced. 9. Environmental Assessment and Mitigation Development of a transportation 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. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State AFA LongGen Page 6 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101- 336) (ADA). 11. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the Local Government. 12. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. 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. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. AFA LongGen Page 7 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 14. Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. 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: AFA LongGen Page 8 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 1201 Leopard Street 6230 East Stanssney Lane Corpus Christi, Texas 78401 Austin, TX 78744 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. 17. Legal Construction If 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. 18. Responsibilities of the Parties The State and the Local Government agree that neither 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. 19. 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 and information prepared under this 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 format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. . 20. Compliance with Laws The parties to this Agreement 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. AFA LongGen Page 9 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd 21. 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 Agreement's subject matter. 22. 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. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this 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 FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and 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. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties 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 Agreement, 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 Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. AFA LongGen Page 10 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd 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 Agreement 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 FHWA, 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 Agreement, 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 Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, 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 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. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, 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), (pro-hibits 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 AFA LongGen Page 11 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd 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 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.). 27. Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. AFA LongGen Page 12 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall incorporate into its contracts with subproviders 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 submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government 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.us/pub/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-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. 28. Debarment Certifications If federal funds are used, 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 and its principals are not currently debarred, suspended, or otherwise excluded from or AFA LongGen Page 13 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, 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 Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification If federal funds are used, 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 shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, 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 certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: 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 AFA LongGen Page 14 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22705.pdf and http://www.qpo.qov/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 System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows federal government to track the distribution of federal money. The DUNS 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/webform; and 3. Report the total compensation and names of its top five 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. 31. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 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 by email at singleauditsa-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 " 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. AFA LongGen Page 15 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ #4# CRP-16 6-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 249, 0916-35-240 DistriAFA ID Z00002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements - AFA Not Used For Research&Development Gollihar Rd 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Jeffery Edmonds, P.E. Typed or Printed Name Typed or Printed Name Director of Contract Services Director of Engineering Services Typed or Printed Title Typed or Printed Title Date Date AFA LongGen Page 16 of 17 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ # 0916-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 35-249, 0916-35-240 District# CRP-16 AFA ID 200002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements- AFA Not Used For Research&Development Gollihar Rd ATTACHMENT A LOCATION MAP SHOWING PROJECT 16-35-23J a` Project Roads/Limits gn Gvllihar Rd from Mustang �cc enningt Drive Q q Page 1 of 5 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CSJ # 0916-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 35-249, 0916-35-240 District# CRP-16 AFA ID 200002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements- AFA Not Used For Research&Development Gollihar Rd ATTACHMENT A LOCATION MAP SHOWING PROJECT • iw 17 ,I N t I CSJ:0916-35-244 y Project Roads/Limits R. ,�. On S Alameda St from Rossiter St.to Sinclair St. ,M S Alameda I Page 2 of 5 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CSJ # 0916-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 35-249, 0916-35-240 District# CRP-16 AFA ID 200002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements- AFA Not Used For Research&Development Gollihar Rd ATTACHMENT A LOCATION MAP SHOWING PROJECT m Cn CSJ:0916-35-245 o Project Roads/ Limits On Scuth Alameda St from Sinclair St. to Ropes St. T 41, ' '� Yom■ : . S_Alameda Street � � d r ` Page 3 of 5 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CSJ # 0916-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 35-249, 0916-35-240 District# CRP-16 AFA ID 200002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements- AFA Not Used For Research&Development Gollihar Rd ATTACHMENT A LOCATION MAP SHOWING PROJECT k M �_ � u o r CSJ: 0916-35- 49 � Project Roads/ Limits +w. On Yorktown Blud from Dallas Street to Yorkshire " Drive rorh a 7 Page 4 of 5 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CSJ # 0916-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 35-249, 0916-35-240 District# CRP-16 AFA ID 200002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements- AFA Not Used For Research&Development Gollihar Rd ATTACHMENT A LOCATION MAP SHOWING PROJECT x. CSJ:0916-35-240 Project Roads/Limits � e On Gokihar Road from Pennington 'Drive to Meadowbrook Drive (east Leg) iI I o` c� 01iQIiII."� i c� } . a o i I Sam i ie,t k e+ Page 5 of 5 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CSJ # 0916-35-239, 0916-35-244, 0916-35-245,0915- CFDA No. 20.205 35-249, 0916-35-240 District# CRP-16 AFA ID 200002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements- AFA Not Used For Research&Development Gollihar Rd ATTACHMENT B PROJECT BUDGET Costs will be allocated based on Federal funding and Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Estimated Federal State Local Cost Participation Participation Participation Cost % Cost % Cost Engineering (by Local $14,000.00 0% $0 0% $0 100% $14,000.00 Government) 11 1 Construction (State) $24,012.20 100% $24,012.20 0% $0 0% $0 CSJ 0916-35-239 Construction (by State) $33,939.00 100% $33,939.00 0% $0 0% $0 CSJ 0916-35-244 Construction (by State) $33,066.00 90% $29,759.40 0% $0 10% $3,306.60 CSJ 0916-35-245 Construction (by State) $22,944.00 100% $22,944.00 0% $0 0% $0 CSJ 0916-35-249 Construction (by State) $23,552.00 100% $23,552.00 0% 0% $0 CSJ 0916-35-240 Subtotal $151,513.20 $134,206.60 $0 $17,306.60 Environmental Direct State $1,380.00 0% $0 0% $0 100% $1,380.00 Costs Right of Way Direct State $1,380.00 0% $0 0% $0 100% $1,380.00 Costs Engineering Direct State $2,760.00 0% $0 0% $0 100% $2,760.00 Costs Utility Direct State Costs $1,380.00 0% $0 0% $0 100% $1,380.00 Construction Direct State $14,000.00 0% $0 0% $0 100% $14,000.00 Costs Indirect State Costs $6,215.59 0% $0 100% $6,215.59 0% $0 OTAL $178,542.7 1$134,120.60 $6,215.59 $38,206.60 Page 1 of 2 AFA LongGen Attachment B TxDOT: Federal Highway Administration: CSJ # 0916-35-239, 0916-35-244, 0916-35-245, 0915- CFDA No. 20.205 35-249, 0916-35-240 District# CRP-16 AFA ID 200002127 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name School Zone Improvements- AFA Not Used For Research&Development Gollihar Rd Initial payment by the Local Government to the State: $6,900.00 Payment by the Local Government to the State before construction: $17,306.60 Estimated total payment by the Local Government to the State $24,206.60. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 2 of 2 AFA LongGen Attachment B W Z D Z O W = m o a o � Y 3 u = W Z LA Z .,•V, LnZ Z on Ld ca Ld Q m a __.•. GOLLIHAR LL r m u x m ' AUSTIN BEVERLY AUSTIN � W Z W Q V, Z TOPEKA a - 0 u IT 1 : z AL'AMEDA._� a L. +t� �Tit'. RE I D ,"" Z z a a 666 - w...• t, — W W q i 14 V) '�► �.., . H. `,''�_ � .ire'. r _ — °' _ ,t IL Ln 1 • ... , ./ t i LA y� TTLLI v' IP AGEN YORKTOWN W` Ile .! G , YORKTOWN q , KERRVILLE T 4 e .,. N r r r S�p� rn„�.« m SPRING BROOK t ma YV, V1 ' + - ` W PROJECT NO. 23147 r. 0 • yq I Highway Safety CITY COUNCIL EXHIBIT Improvement CITY OF CORPUS CHRISTI,TEXAS Program (HSIP) DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering Highway Safety Improvement Program (HSIP) Council Presentation April 25, 2023 Project Location Corpus Chr sti Engineering f � s fALL6H4R O �1 � •tea � ._ j, la. <.r.. L� Project Location Corpus Chr sti Engineering 1 N � _ a ,LAMEDA ....... ... ._.. Project Location Corpus Chr sti Engineering YOKOSUKA Y O MEN YORKiOWN YORKfOW N KERRVILLE f Project Scope Corpus Chr sti Engineering The TxDOT HSIP provides grant funding for 90%of the construction costs of highway safety projects aimed to eliminate or reduce the number of severe traffic collisions. Under this program, the local government entity is responsible for all other costs such as design, right of way, permitting,TxDOT administrative fees,and construction change orders. HSIP funding provides for construction costs with a 90/10 funding participation by State (TxDOT)/Local Governments (City of Corpus Christi),respectively.The HSIP grant requires that the construction project be advertised and awarded by TxDOT. In May 2021,City received the TxDOT HSIP grant for five projects locations: • Gollihar Road from Mustang Trail to Pennington, • Gollihar Road from Pennington to Meadowbrook, • Alameda Street from Rossiter to Sinclair,and • Alameda Street from Sinclair to Ropes • Yorktown from Dallas to Yorkshire Drive The scope of work is installation of the following school zone improvements: advanced warning signals, signs, raised median, and advanced warning signals delineators. The total estimated cost for the projects is $178,542.79 for which TxDOT is responsible for this project total up to a maximum$134,120.60 and with City's estimated cost to be$38,206.60. The City design contract and internal staff efforts decrease the City's contribution to TxDOT by$14,000, leaving the City's contribution to TxDOT to$24,206.60. 5 Project Schedule Corpus chr sti ®r , Engineering This item will authorize approval of the AFA with TxDOT for their grant funds. Upon approval of the AFA, the project will be advertised for bidding by TxDOT in June 2023. se o H v AGENDA MEMORANDUM NOORPOHPI EO First Reading Ordinance for the City Council Meeting April 25, 2023 1852 Second Reading Ordinance for the City Council Meeting May 09, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services ieffreye(a-)-cctexas.com (361) 826-3851 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joshc2(a)cctexas.com 361-826-3169 Construction Contract Award SEA District - Water Garden Water Features CAPTION: Ordinance authorizing a construction contract with Fulton Construction Inc., Corpus Christi, Texas, for the restoration of the Water Gardens in an amount not to exceed $7,651,481.00, with funding available from Seawall Capital Improvement Fund; appropriating $3,500,000.00 from the Seawall unreserved fund balance to the Seawall Capital Improvement Fund; and amending the FY 2023 Capital Improvement Budget. SUMMARY: This ordinance requests additional funding for the Water Garden Fountain restoration project and authorizes a construction contract with Fulton Construction Inc., of Corpus Christi, Texas. BACKGROUND AND FINDINGS: The Water Garden Fountain was constructed in 1987 and is located in the Sports, Entertainment, Arts (SEA) district, between the American Bank Center and The Art Museum of South Texas. The Water Garden Fountain is a crucial entertainment destination in Corpus Christi which attracts visitors and improves the economic development value of the downtown Seawall. The original design located all switchgear and mechanical equipment in an underground vault that has a floor elevation of negative four Mean Sea Level. The vault, therefore, relied on mechanical pumping to prevent flooding. Consequently, the vault has suffered repeated flooding events throughout the Water Garden's history. The Water Garden suffered the latest catastrophic flooding following Hurricane Harvey. It has been unserviceable since that time. Type A passed a resolution in June 2018 declaring the project eligible for Seawall funds. It was added to the Seawall CIP later that year. In 2019, the City awarded a design contract that would replace the electrical and mechanical equipment and relocate it into a new aboveground pumphouse. The design was completed, and the project was advertised for bid in March 2020, but no bids were received. After the March bid received no responses, discussions with potential bidders and the design engineer resulted in seeking additional funding in the FY 20-21 Seawall CIP. The Type A Board was not willing to approve the amounts sought and the project was removed from the FY 20-21 Seawall CIP. The City subsequently engaged in a value engineering exercise and developed a design concept that staff believed could implemented for roughly half of the previously sought construction amounts. That concept was advertised as a Design-Build procurement and the City received a single response on June 16 from an interested contractor. That contract is currently under negotiation. The new project will restore the water feature to operation, replace all electrical and mechanical equipment, add resiliency against flood damage, restore damage to surfaces and appurtenances, and add functionality such as programmable LED lighting. The funding for the project was approved with FY 2022 Capital Improvement Program (CIP) in an amount of $4,500,000.00 for design and construction. On June 14, 2022, City Council passed a motion awarding a design/build contract with Fulton Construction, Inc., and authorizing the design phase services for the restoration of the SEA district water features in an amount up to $375,000.00. Negotiations are underway with Fulton Construction, Inc. for the guaranteed maximum price (GMP) proposal as part of the design-build contract for the Water Garden Restoration Project. To date, the City has only authorized design services. Fulton has provided a cost estimate based on the 60% design. Based on investigations during the design phase, additional work is going to be required. For example, CCTV inspection has determined that much of the existing piping is damaged. The current estimate includes the replacement of all existing poly vinyl chloride (PVC) water supply piping. The estimated cost is $3.5 million higher than the original budget due to additional scope items. On Monday, April 17, Type A Board unanimously approved additional funding in the amount of $3.5 million. City staff will bring an amendment establishing the GMP to City Council for consideration on April 25. Construction is estimated to take seven months from issuance of the Notice to Proceed. The City will budget maintenance funds for the maintenance of the Water Garden beginning in FY 2024. The City's Parks & Recreation Department will manage both the maintenance and the programming for this facility beginning in FY 2024. ALTERNATIVES: The alternative is to reject the request for funding. This will result in the continuance of an unusable feature to the City and have an impact on economic development. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of $7,651,481.00. This action includes the additional $3,500,000.00 from the Type A Seawall Sales Tax Fund unreserved balance will be appropriated to the Seawall Capital Fund to support this project. Funding Detail: Funds will be transferred from the Type A fund account to Seawall Capital Fund account. Fund: Seawall Fund (3271) Organization/Activity: E16458-01-3271-EXP Department: Economic Development (57) Project # (CIP Only): E16458 Water Garden Account: 550910 Amount: $7,651,481.00 RECOMMENDATION: Staff recommends authorizing the request for funding in an amount of $3,500,000.00 from the Type A Sales Tax unreserved fund balance to support the Water Garden Fountain restoration project and authorizing a construction contract with Fulton Construction Inc., Corpus Christi, Texas, for the construction of the Restoration of the SEA District Water Features (Water Garden Fountain) in an amount not to exceed $7,651,481.00. LIST OF SUPPORTING DOCUMENTS: Location Maps CIP Page Updated CIP Page Presentation Ordinance authorizing the construction contract to Fulton Construction Inc., Corpus Christi, Texas, for the restoration of the Water Gardens in an amount not to exceed $7,651,481.00, with funding available from Seawall Capital Improvement Fund; appropriating $3,500,000.00 from the Seawall unreserved fund balance to the Seawall Capital Improvement Fund; and amending the FY 2023 Capital Improvement Budget. WHEREAS, the City awarded a Design/Build Contract and authorized the design phase services in the amount of $375,000 to Fulton Construction, Inc. on June 14, 2022. 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 appropriate $3,500,000 and increase expenditures by $3,500,000.00. SECTION 2. The City Manager or designee is authorized to execute an Amendment to the Design/Build Contract with Fulton Construction, Inc. in an amount not to exceed $7,651 ,481 .00 for construction phase services for a total contract value not to exceed $8,026,481.00 for Restoration of the SEA District Water Features. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Project Location N W E _ S a � Location Map , arvr 4 r: HIRSCH k MAL WOUL.App ti+ K BREWSTER _ a � O ' '3. PROJECT 11 E16458 5, RESTORATION OF CITY COUNCIL EXHIBIT SEA DISTRICT CITY OF CORPUS CHRISTI,TEXAS WATER FEATURES DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# E16458 Project Name Water Garden Type Improvement/Additions Department Health&Safety Seawall Useful Life 15 years Contact Director of Engineering Category Site Improvements Priority 2 Critical-Asset Condition\longevity Status Active Description The Water Garden in SEA District is a prominent and favored site to the community and visitors.The water garden was damaged by Hurricane Harvey and hasn't been operating since then.The project will provide services required to restore operational status to the Water Gardens Fountain. Justification Currently the Water Garden is not operational. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 4,151,481 4,151,481 Design 848,945 848,945 Eng,Admin Reimbursements 111,294 474,025 585,319 Total 960,239 4,625,506 5,585,745 Funding Sources Prior Years 2023 2024 2025 Total Type A/B Sales Tax(Prior) 960,239 4,625,506 5,585,745 Total 960,239 4,625,506 5,585,745 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. 160 Capital Improvement Plan 2023 t111,1' 2025 City of Corpus Christi, Texas Project# E16458 Project Name Water Garden s,- i� Type Improvement/Additions Department Health&Safety Seawall Useful Life 15 years Contact Director of Engineering w` Category Site Improvements Priority 2 Critical-Asset Condition\longevity Status Active .. Description The Water Garden in SEA District is a prominent and favored site to the community and visitors.The Water Garden was damaged by Hurricane Harvey and hasn't been operating since then. The project will provide services required to restore operational status to the Water Gardens Fountain. Justification Currently the Water Garden is not operational. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 7,651,481 7,651,481 Design 848,945 848,945 Eng,Admin Reimbursements 111,294 474,025 585,319 Tom 960,239 8,125,506 9,085,745 Funding Sources Prior Years 2023 2024 2025 Total Type A/B Sales Tax(Prior) 960,239 4,625,506 5,585,745 Type A/B Sales Tax(New) 3,500,000 3,500,000 Tom 960,239 8,125,506 9,085,745 Budget Impact/Other 71 There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budgeted to maintain these improvements. Corpus Chr ski Engineering Restoration of SEA District Water Features - Water Garden City Council Presentation April 25, 2023 1 Project Location Corpus Chr sti Capital Programs �'p PRQJECT LQCATIOM N L A I N A Hm m scat e woes w Fes. a� 1900 N CHAPARRAL 5T. 2 Project Vicinity Y =^ Corpus Chrsti Capital Programs P 9 w e. i ART MUSEUM OF SOUTH TEXAS WATER GARDEN HIRSCH ST. - w z J W AMERICAN BANKCENTER = ` Us Cyhk i 4 i O a Y k Project Background iesCapital Programs A _ 1 Project Background Corpus Chr sti Capital Programs • The Water Garden was originally built in 1987. • The electrical and mechanical equipment is housed in an underground vault that relies on sump pumps to prevent equipment flooding. Power outages have resulted in frequent equipment damage due to flooding. • The Water Garden suffered the latest catastrophic flooding following Hurricane Harvey in 2017 and has been unserviceable since that time. • In 2019, the City awarded a design contract to completely replace the electrical and mechanical equipment. The equipment was to be installed in a new aboveground pumphouse building with fully redundant pumps. The project was advertised for bid in March 2020, but no bids were received. • The FY21 Seawall CIP request was amended to provide adequate funding for the Water Garden and Bayshore Fountain restoration. The Type A Board was unwilling to fund the Water Garden project at the requested amount and the project was removed from the FY21 CIP. 5 I 7 Project BackgroundCorpus sty i Capital Programs • The City subsequently engaged in a value engineering exercise to reduce the cost of the Water Garden project. The engineer developed a design concept that they believed could be implemented for a budget of $4.5 million rather than the previously sought $10M (Water Garden and Shoreline Fountain). • On May 10, 2021, the new concept was advertised as a Design-Build procurement, to which the city received only a single response that was rejected due to lack of competition. • The Type A Board and City Council restored the Water Garden funding in the FY22 Seawall CIP at the $4.5M level. 6 Project Procurement Copus Chrsti *_: _"V Capital Programs • The project was re-advertised as a Design-Build procurement on October 18, 2021. The City received responses from SpawGlass Contractors Inc. and Fulton Construction Inc. • As a design-build procurement, the contractor team is selected based on relevant qualifications. • The evaluation committee consisted of representatives from City of Brownsville, City of Moncton, City of Ports Mouth, City of Riverside, and staff from City of Corpus Christi, Engineering Services and City Manager's office as advisory(non-scoring member). • Fulton Construction Inc., was selected as the most qualified design-build contractor. • City Council approved the the design phase of a Design-Build contract on June 14, 2022. 1 Project Scope Corpus Chrsti Capital Programs • Current effort will provide full design drawings and specifications. • The project will update and replace all electrical and mechanical equipment currently housed underground. • New electrical and chemical treatment equipment will be relocated to an aboveground structure. • All supply piping will be replaced. Current Status Corpus Chrsti Capital Programs • Fulton Construction has submitted their 60% design package which includes their estimated price. The current estimate exceed available funds. Staff is requesting to add $3.5M to the CIP project to be able to fund currently estimated costs. 1 Maintenance Budget Corpus Chr sti Capital Programs Expenditures Cost Chemicals: Clilon"ne. acid, sodium bicarbonate, shock, stabilizer S 175,000 Lakeside receptacles 30 gallon can liners $ 56,900 Contingency S 50,000 Trailer-mounted pressure washer S 12.250 Maintenance and repairs S 10,000 100 gallon salt brine skid sprayer $ 7,350 Tools and equipment S 5,000 Cleaning supplies S 1,160 Dog waste stations S 1,150 Backpack blower $ 980 Graffiti remover S 760 Total S 320,550 10 Future Work Corpus Chrsti Capital Programs BWWTP is 0.5 miles from Water Garden. There is potential to feed the feature with recycled water in the future. IA Aj "2S!, y. t err C AE'N ' Corpus Chr sti Capital Programs Questions? �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Drew Molly, P.E., Director of Water Systems and Support Services drewma-cctexas.com (361) 826-1853 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joschc2a-cctexas.com 361-826-3169 Construction Contract Award O.N. Stevens Water Treatment Plant Clearwell No. 3 CAPTION: Motion awarding a construction contract to CSA Construction, Inc., for O.N. Stevens Water Treatment Plant (ONSWTP) Clearwell No. 3 project, in an amount of $36,454,000.00 for construction of a new 10-Million Gallon Clearwell No. 3, located in Council District 1, with funding available from the Water CIP Fund. SUMMARY: This motion awards a construction contract to CSA Construction, Inc, of Houston, Texas for the construction of a new 10-Million Gallon Clearwell No. 3. The project scope includes the installation of associated waterline pipe, fittings, & valves (ranging from 12-inch to 72-inch diameter), electrical, instrumentation, SCADA integration, associated pavement repairs, demolition of Clearwell No. 1, demolition of High Service No. 1, a baffling retrofit of Clearwell No.2, chemical injection improvements, and stormwater improvements. BACKGROUND AND FINDINGS: The O.N. Stevens Water Treatment Plant (ONSWTP) was originally constructed in 1954 and supplies water for municipal and industrial use in a seven-county service area and is the sole potable water treatment plant for the City of Corpus Christi, Texas. State regulations require surface water treatment facilities to have storage for treated water on site. The storage unit, also called a clearwell, stores treated water before it is pumped to the distribution system. High Service No. 1 is a structure that sits on top of a portion of Clearwell No. 1 that previously held pumps to the clearwell. It will be demolished along with the clearwell. The 1954 ONSWTP construction included one 4 MG Clearwell (CW 1), followed by a second 10 MG Clearwell constructed in 1981 (CW 2). The new 10 MG Clearwell (CW 3) will replace the 69-year-old CW 1. PROJECT TIMELINE: 2019- 2022 1 2023-2025 April - August F M FA June - December Design Bid/Award Construction The proposed project schedule reflects a City Council award in April 2023 with an anticipated completion month of December 2025. COMPETITIVE SOLICITATION PROCESS This project has been advertised twice. The first Request for Bid (RFB 4578 ONSWTP Clearwell No. 3) was issued on September 5, 2022, with one bid received on October 12, 2022, from CSA Construction, Inc., in the amount of $32,987,000.00. A second RFB was issued on January 30, 2023, with the expectation that multiple bids would be received; however, only one bid was received on March 3, 2023, from CSA Construction, Inc. The original Engineer's Opinion of Probable Construction Costs (OPCC) was established at $25,019,905.42, which was substantially less than the single bid price of $32,987,000. The Engineer of Record (EOR) subsequently addressed several oversights with their original OPPC, and provided a revised OPCC of$38,407,600. The City analyzed the bid in accordance with the contract documents and determined CSA Construction, Inc. as a viable responsive and responsible bidder. The bid was also within 5% of the OPCC which is $38,407,600. A summary of the bids is provided below: Re-Bid Summary Contractor Base Bid CSA Construction, Inc. $36,454,000.00 Engineer's Opinion of Probable Construction Cost $38,407,600.00 CSA Construction, Inc. has significant experience working on water projects for the City including the Nueces River Raw Water Pump Station Improvements, the Oso WWTP Headworks, and the Greenwood WWTP UV System. ALTERNATIVES: City Council could choose not to award the construction contract to the only bidder, CSA Construction, Inc. This would delay needed improvements to the ONSWTP. FISCAL IMPACT: The total fiscal impact for this project is an amount of$36,454,000.00. The adopted FY 2023 CIP shows the project has $12,500,000.00 available for construction. Additional funding of $8,000,000.00 will be transferred from project E17047-ONSWTP Raw Water Influent and Chemical Facilities Improvement since the project is currently in design. The remaining amount of$15,954,000.00 will be budgeted in FY 2024 from the Water CIP Fund. Attached is the updated FY 2023 project CIP Page. FUNDING DETAIL: Fund: Water 2023 CIP (Fund 4486) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: O.N. Stevens Water Treatment Plant Clearwell No.3 (Project 18131 A) Account: Construction (550910) Activity: 18131-A-4486-EXP Amount: $36,454,000 Year 1 (FY2023): $ 20,500,000 Year 2 (FY2024): $ 15,954,000 Total: $ 36,454,000.00 RECOMMENDATION: Staff recommends awarding a construction contract to CSA Construction, Inc. of Houston, Texas for the ONSWTP Clearwell No. 3 project in the amount of $36,454,000.00, with construction duration planned for 30 months from issuance of the Notice to Proceed. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Bid Tabs CIP Page PowerPoint Presentation PROJECT LOCATION N _ e j NHECES env aNnumaE � i,•."A, �. —PUS CHRISTI ' F ROB—N ' nrzaoa:'� 2 4 •• NPo� �5a s �y g� `A 1 W. �Q •A�� p. PROJECT LOCATIONS. w IE ,d ka e � y •o, Y AERIAL MAP NOT TO SCALE PROJECT NUMBER. 18131A O.N. STEVENS WATER TREATMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS PLANT CLEARWELL NO. 3 DEPARTMENT OF ENGINEERING SERVICES TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Grady Atkinson,P.E.-Ardurra Group,Inc. BID OPENING DATE:Friday,March 03,2023 at 3PM CSA Construction,Inc. O.N.Stevens Water Treatment Plant Clearwell No.3 2314 McAllister Rd. City Project No.18131A(RFB 4358) Houston,TX 77092 Item Description Unit Quantity Unit Price Amount Part A-Clearwell No.3 Improvements Al Mobilization(Maximum of 5%of Part A Contract Price) LS 1 $1,600,000.00 $ 1,600,000.00 A2 Bonds and Insurance(Maximum Allowance of 2%) LS 1 $300,000.00 $ 300,000.00 A3 Clearwell No.3 Tank Construction LS 1 $24,978,791.00 $ 24,978,791.00 A4 Electrical,Instrumentation,and SCADA Integration LS 1 $1,500,000.00 $ 1,500,000.00 AS 72-inch Waterline Pipe,Fittings,&Valves LF 404 $4,000.00 $ 1,616,000.00 A6 60-inch Waterline Pipe,Fittings,&Valves LF 343 $3,600.00 $ 1,234,800.00 A7 48-inch Waterline Pipe and Fittings LF 76 $2,500.00 $ 190,000.00 A8 12-inch Waterline Pipe,Fittings,&Valves LF 123 $375.00 $ 46,125.00 A9 60-inch Connection to Existing 72-inch Pipe(72-inch Linestop and 72'x60" EA 1 $550,000.00 $ 550,000.00 Tee) A10 60-inch Double Linestop w/Bypass for Tie-in to Plant 2 Existing 60"Tee EA 1 $450,000.00 $ 450,000.00 All Pavement Repair for 60-inch Waterline Crossing SY 40 $60.00 $ 2,400.00 Al2 Chemical Injection Vaults/Sample Manholes LS 1 $350,000.00 $ 350,000.00 A13 Chemical Injection Piping&Equipment LS 1 $800,000.00 $ 800,000.00 A14 Pavement Excavation and Removal SY 2442 $30.00 $ 73,260.00 A15 7"Concrete Pavement SY 2442 $130.00 $ 317,460.00 A16 8"Lime Stabilized Subgrade SY 2442 $45.00 $ 109,890.00 A17 6"Curb&Gutter LF 1490 $15.00 $ 22,350.00 A18 Curb Inlet EA 6 $2,400.00 $ 14,400.00 A19 18-inch Stormwater Reinforced Concrete Pipe LF 174 $240.00 $ 41,760.00 A20 4"Stormwater Drain Line(SDR 26 PVC) LF 80 $60.00 $ 4,800.00 A21 2"Stormwater Force Main(Schedule 80 PVC) LF 153 $50.00 $ 7,650.00 A22 Stormwater Tie-ins EA 4 $1,000.00 $ 4,000.00 A23 Stormwater Packaged Lift Station EA 1 $30,000.00 $ 30,000.00 A24 Erosion Control and Drainage Concrete Structures LS 1 $500,000.00 $ 500,000.00 A25 Trench Safety for Stormwater Pipe LF 407 $2.00 $ 814.00 A26 Trench Safety for Stormwater Manhole Tie-in EA 4 $200.00 $ 800.00 A27 Pavement Repair for Stormwater Pipe Crossing SY 2 $200.00 $ 400.00 A28 6"Wastewater Pipe LF 80 $70.00 $ 5,600.00 A29 6"Tie-in to Existing Wastewater Manhole EA 1 $1,000.00 $ 1,000.00 A30 6"Wastewater Cleanout EA 1 $1,500.00 $ 1,500.00 A31 Trench Safety for Wastewater Line LF 80 $2.00 $ 160.00 A32 Trench Safety for Wastewater Manhole Tie-in EA 1 $200.00 $ 200.00 A33 Pavement Repair for Wastewater Pipe Crossing SY 7 $200.00 $ 1,400.00 A34 CW 1&HS 1 Concrete Structure Demolition/Removal LS 1 $380,000.00 $ 380,000.00 A35 48-inch Linestop and Blind Flange LS 1 $180,000.00 $ 180,000.00 A36 Abandoned and Grout Fill Existing Drainlines from CW1/HS1 Structure LF 152 $220.00 $ 33,440.00 A37 Clearwell 2 Baffling Retrofit LS 1 $700,000.00 $ 700,000.00 A38 Allowance for Unanticipated Improvements LS 1 $400,000.00 $ 400,000.00 A39 Storm Water Pollution Prevention LS 1 $5,000.00 $ 5,000.00 Subtotal Part A-Clearwell No.3 Improvements(Items Al thru A39) $ 36,454,000.00 TOTAL PROJECT BASE BID(PART A) $ 36,454,000.00 Capital Improvement Plan 2023 th it 2025 City of Corpus Christi, Texas p �,h PCOject# 10131 n seP,, p slgl.a Not 4 Project Name ONSWTP Clearwell No. 3 � W ,° i K,a, _une..co+nerucuen Type Improvement/Additions Department Water Department y ' Useful Life 40 years Contact Director of Water Utilities " P[opoNd CIYLMN Xo.S Category Water Treatment Priority 1 Critical-Health&Safety Status Active Description Clearwell 1 at ONSWTP has a 4 MG capacity and was originally constructed in 1954. It has exceeded its design lifespan with severe deterioration. In addition,with increased treatment capacity of ONSWTP, Clearwell 1 cannot meet TCEQ requirements of providing a minimum clear well storage capacity. This project will build a new Clearwell 3 at ONSWTP to meet the requirements of treatment capacity and operations. The 10 MG Clearwell 2 at ONSWTP remains in good condition and is able to function as intended. Justification This project ensures compliance with TCEQ requirements. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 12,500,000 12,500,000 25,000,000 Design 1,820,000 1,820,000 Eng,Admin Reimbursements 104,365 625,000 500,000 1,229,365 Total 1,924,365 13,125,000 13,000,000 26,049,365 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 1,924,365 13,125,000 13,000,000 28,049,365 Total 1,924,365 13,125,000 13,000,000 26,049,365 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 on- going or maintenance costs. 365 Capital Improvement Plan 2023 thril 2025 City of Corpus Christi, Texas r � Project# 18131 s E ist gCl II No.i dHgh "+ Sery ce Pump Stat on No 1 �- Project Name ONSWTP Clearwell No.3 H gl gel 1I'll stet on No,3 t - U e G st ction Type Improvement/Additions Department Water Department Useful Life 40 years Contact Director of Water Utilities C� Proposed Clearnell No.3 II Category Water Treatment Priority 1 Critical-Health&Safety evens a er Status ActiverreaknentPlant c Description Clearwell 1 at ONSWTP has a 4 MG capacity and was originally constructed in 1954. It has exceeded its design lifespan with severe deterioration. In addition,with increased treatment capacity of ONSWTP, Clearwell 1 cannot meet TCEQ requirements of providing a minimum clear well storage capacity. This project will build a new Clearwell 3 at ONSWTP to meet the requirements of treatment capacity and operations. The 10 MG Clearwell 2 at ONSWTP remains in good condition and is able to function as intended. Justification This project ensures compliance with TCEQ requirements. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 20,500,000 12,500,000 33,000,000 Design 1,820,000 1,820,000 Eng,Admin Reimbursements 104,365 1,025,000 500,000 1,629,365 Total 1,924,365 21,525,000 13,000,000 36,449,365 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 1,924,365 21,525,000 13,000,000 36,449,365 Total 1,924,365 21,525,000 13,000,000 36,449,365 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 on- going or maintenance costs. 331 Capital Improvement Plan 2023 2025 City of Corpus Christi, Texas Project# E17047 Y Project Name ONSWTP Raw Water Influx/Chem Facilities Imp 46 Vii* - Type Improvement/Additions Department Water Department Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority 1 Critical-Health&Safety ` 1 Status Active Description This project will address the existing hydraulic constraints and also the upgrading of the chemical feed systems at the ON Stevens Water Treatment Plant. These improvements are necessary to meet the requirements of TCEQ Rules and Regulations 30 TAC 290.42,and support future plans to increase water treatment capacity at the plant. The specific objectives of this project are to: •Eliminate all hydraulic constrictions in front end piping, •Modernize chemical storage and chemical feed systems at ONSWTP that optimizes dosage,reliability,monitoring and control of water treatment chemicals. E17047 is a continuation of project 180415 and 180156. Justification This project will allow the Plant to meet upcoming demand as projected by the Texas Water Development Board,increase treatment capacity and improve treatment efficiency. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 10,500,000 18,500,000 18,500,000 47,500,000 Design 2,144,948 2,144,948 Contingency 500,000 500,000 500,000 1,500,000 Eng,Admin Reimbursements 244,174 600,000 1,000,000 1,000,000 2,844,174 Total 2,389,122 11,600,000 20,000,000 20,000,000 53,989,122 Funding Sources Prior Years 2023 2024 2025 Total PAYGO 57,593 57,593 Revenue Bonds 2,331,529 11,600,000 20,000,000 20,000,000 53,931,529 Total 2,389,122 11,600,000 20,000,000 20,000,000 53,989,122 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 on- going or maintenance costs. The cost to treat water should be reduced due to increased plant efficiencies. 339 Cor C:h; SU Engineering O.N. Stevens Water Treatment Plant Clearwell No. 3 corpus Council Presentation Christi Water- Serving the Coastal Bend April 25, 2023 CM Project Location Engineering ® 37 PROJECT LOCATION1 N N WE... WE.ITS, Pia y _. �+ iavrs 37 _ ss °wm 69E 'PQ 9 PROJECT LOCATION 14 l PROJECT NUMBER 18131A PROJECT NUNEBER_18131A 2 Ls r CCW-" Overview \ / Cares Chr sli Engineering • The O.N. Stevens Water Treatment Plant was constructed in 1954 with a single four million-gallon Clearwell (CW1) • Clearwells help provide drinking water systems with sufficient water quantity to meet peak demands • Clearwell No. 3, a ten million-gallon storage unit for treated water, will replace the 69-year-old CW1 structure • Low bid of $36,454,000.00 received by CSA, Inc. • 30-month project timeline W) CCW. Project Scope Cares Chr sti Engineering Construction of a new 10-Million Gallon Clearwell No. 3, to include: • Upgrade capacity from four million gallons to ten million gallons • Associated waterline pipe, fittings, & valves (ranging from 12-inch to 72-inch diameter) • Electrical, instrumentation, and SCADA integration • Associated pavement repairs, disposal, and new pavement construction • Demolition & removal of Clearwell No. 1 and High Service No. 1 concrete structures including grout fill abandonment of existing piping • Clearwell No. 2 Baffling Retrofit • Chemical injection improvements including equipment, piping, vaults, and sample manholes • Stormwater improvements including a new stormwater packaged lift station CCW. CSA Construction, Inc. Cares Chr sti Engineering CSA Construction, Inc. has significant experience working on water projects for the City including: • Nueces River Raw Water Pump Station Improvements • Oso WWTP Headworks • Greenwood WWTP UV System CCW Project Schedule / Carpus Chr st Engineering 2019- 2022 • 2023-2025 April - August F F—M I A June - December Design Bid/Award Construction Projected schedule reflects City Council award in April 2023 with anticipated completion in December 2025. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmond, PE, Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Charles Mendoza, Director of Asset Management charlesm2(a-)cctexas.com (361) 826-1941 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award Council Chambers Modernization (FMAC) CAPTION: Motion awarding a construction contract to Gourley Contractors, LLC., Corpus Christi, TX, for the Council Chambers Modernization project to provide better accommodations for the public, located in Council District 1, in an amount of $918,481.00, with FY 2023 funding available from the Certificates of Obligation fund and Public Education Grant fund. SUMMARY: This motion approves a construction contract for the interior renovation and modernization of the Corpus Christi City Hall City Council Chambers to provide better accommodations for the public. This project upgrades include finishes (walls, flooring, ceiling), lighting, millwork, new public seating, acoustical improvements, and other improvements necessary to support audio-visual (A/V) scope by City IT/AV department. BACKGROUND AND FINDINGS: The City Council Chambers has been in service since the commissioning of City Hall in 1988. Since then, the city has not executed any major improvements. The Council Chambers is a meeting space designated for City Council meetings and other numerous City Boards, Commissions, and Committees. The project scope includes modernization and upgrades of interior finishes (walls, flooring, ceiling), lighting, millworks, dais, electrical panel, added acoustic panels, and new public seating extended towards the back area. Other updates include A/V system, network system, and television monitors. The rear storage closet will be removed to create an extended area for the media. The modernization of the council chambers will improve the appearance and accessibility for large public audiences. During construction, City Council meetings will be temporarily held in the City Hall 6th Floor Conference Room, and the RTA Administrative Building, located at 602 North Staples St., Corpus Christi, TX, 78401. A list of the affected meetings is below: Meeting/Board Name New Location City Council RTA* Building Planning Commission 6th Floor Conference Room Corpus Christi Business and Job 6th Floor Conference Room Development Corporation—Type A Corpus Christi B Corporation—Type B 6th Floor Conference Room Committee for Persons with Disabilities 6th Floor Conference Room Reinvestment Zone No. 2—Island RTA* Building Reinvestment Zone No. 3—Downtown RTA* Building Reinvestment Zone No. 4—North Beach RTA* Building Board of Adjustment 6th Floor Conference Room Building Standards Board 6th Floor Conference Room MPO Policy Committee 6th Floor Conference Room Corpus Christi Mayors Committee for 6th Floor Conference Room Veterans Affairs Transportation Advisory Committee 6th Floor Conference Room Meeting Crime Control and Prevention District 6th Floor Conference Room Zoning Board of Adjustment 6th Floor Conference Room Landmark Commission 6th Floor Conference Room Construction Trade Advisory Appeal Board 6th Floor Conference Room PROJECT TIMELINE: 121 - 2022 20231 November — December January — April May — November Design Proposal/Award Construction Project schedule reflects award in April 2023 with anticipated completion by November 2023. Following Council approval of this item, staff is estimated to issue Notice to Proceed (NTP) in May 2023. COMPETITIVE SOLICITATION PROCESS: On January 11, 2023, the Engineering Services Department issued a Request for Task Order Proposal (RFTOP) under city's Facilities Multiple Award Contract (FMAC) program with the RFTOP Number 2214 for Council Chambers Modernization. The City of Corpus Christi received bids from two contractors. The city analyzed the proposals in accordance with the contract documents and determined Gourley Contractors, LLC provided the best value proposal. A summary of the proposals is provided below. Engineering Services negotiated Gourley's proposal to reduce costs of lighting and other associated cost items, providing a total savings of$123,031.00. FMAC TASK ORDER PROPOSAL CONTRACTOR ORIGINAL PROPOSALS NEGOTIATED PROPOSAL Gourley Contractors, LLC. $1,041,512.00 $918,481.00 Marshall Company, LTD. $1,125,900.00 N/A Engineer's Opinion of Probable Construction Cost $645,657.90 $645,657.90 Gourley Contractors, LLC. has completed numerous City projects including District 1 Parks (McNorton Park, Brookhill Park, Academy Park), District 2 Parks (Cuiper Park, Sherwood Park, Sam Houston Park, Temple Park), District 3 Parks (Windsor Park, Retta Park, Douden Park), District 4 Parks (Crossgate Park, Brighton Park, Brandywine Park, Capt Falcon Park) and Cole Park Skate Park Improvements. Gourley Contractors, LLC. was also awarded the Lindale Park Playground & Shade Structure project in January 2023. Gourley Contractors, LLC is one of four contractors selected for the Facilities Multiple Award Contract (FMAC) program and has been awarded multiple city projects in the past due to their competitiveness. ALTERNATIVES: City Council may choose not to award the construction contract to Gourley Contractors, LLC. This would delay the new improvements to the Corpus Christi City Hall Council Chambers. FISCAL IMPACT: The fiscal impact in FY2023 is an amount of $918,481.00 with funds available from Certificates of Obligation fund and Public Education Grants fund. The approved CIP project page is included in the package. Funding Detail: Fund: PublFac2013GO (3162) Department: Facilities (12) Project: City Council Chambers Modernization (22011) Account: Building Maintenance and Service (530210) Activity: 22011-3162-EXP Amount $85,982.42 Fund: 2018COFacMntCIP (3165) Department: Facilities (12) Project: City Council Chambers Modernization (22011) Account: Building Maintenance and Service (530210) Activity: 22011-3165-EXP Amount $495,923.62 Fund: 2021COFacMntCIP (3166) Department: Facilities (12) Project: City Council Chambers Modernization (22011) Account: Building Maintenance and Service (530210) Activity: 22011-3166-EXP Amount $302,488.96 Fund: PEG (1031) Department: Communications (30) Project: City Council Chambers Modernization (22011) Account: Other Equipment (550040) Activity: 22011-1031-EXP Amount $34,086.00 Total Amount: $918,481.00 RECOMMENDATION: Staff recommends awarding a construction contract for the Council Chambers Modernization to Gourley Contractors, LLC. in an amount of$918,481.00, with construction duration planned for 7 months from issuance of the Notice to Proceed with construction starting in April 2023 and completed by November 2023. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Proposal Summary CIP Page PowerPoint TABULATION OF BIDS CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT DEPT. BID DATE:WEDNESDAY,FEBRUARY 15,2023 MARSHALL COMPANY,LTD GOURLEY CONTRACTORS,LLC CITY OF CORPUS CHRISTI COUNCIL CHAMBERS MODERNIZATION-PROJECT NO.22011 P.O.BOX 4995,CORPUS 4921 AMBASSADOR ROW CHRISTI,TX 78469 CORPPUS CHRISTI,TX 78416 ITEM DESCRIPTION UNIT CITY UNITPR AMOUNT UNITPR AMOUNT Part A-GENERAL Al Mobilization(Not to exceed 5%) ILS 1 1 1 1 $20,000.00 1 1 $42,879.00 A2 Bonds&Insurance JAL 1 1 1 1 $30,000.00 1 1 $14,124.00 SUBTOTAL PART A- (Items Al thru A2) $50,000.00 $57,003.00 Part B-DEMOLITION 131 ISelective Demolition ILS 1 1 1 1 $20,000.00 1 1 $31,764.00 SUBTOTAL PART B- (Items 131 thru 131) $20,000.00 $31,764.00 Part C-IMPROVEMENTS C1 Existing Conditions LS 1 $20,000.00 $5,593.00 C2 Metals LS 1 $4,000.00 $2,237.00 C3 Wood,Plastics,and Composites LS 1 $340,000.00 $282,724.00 C4 Openings LS 1 $85,000.00 $65,824.00 C5 Finishes LS 1 $158,500.00 $125,974.00 C6 Specialties LS 1 $17,000.00 $4,870.00 C7 Equipment-N/A by Owner $0.00 $0.00 C8 Furnishings LS 1 $163,000.00 $103,793.00 C9 Heating,Ventilation,and Air Conditioning LS 1 $30,000.00 $29,423.00 C10 Electrical LS 1 $105,000.00 $39,616.00 C11 Lighting and Controls LS 1 $71,400.00 $58,603.00 C12 Electrical Panels LS 1 $9,900.00 $5,460.00 C13 Communications-Infrastructure(Rough-in) LS 1 $12,100.00 $4,700.00 SUBTOTAL PART C-(Items C1 thru C13) $1,015,900.00 $728,817.00 Part D-ALLOWANCES D1 I Unforseen Conditions JAL 1 1 $40,000.00 1 1 $40,000.00 SUBTOTAL PART D-ALLOWANCES (Items D1 thru 131) $40,000.00 $40,000.00 TOTAL PROJECT BASE BID-(PARTS A THRU D) $1,125,900.00 $857,584.00 Part E-ADDITIVE ALTERNATE NO.1 E1 I Interior Lighting Above Coffered Ceiling ILS 1 1 1 1 $107,900.00 1 1 $183,928.00 SUBTOTAL PART E-(Items E1 thru E1) I $107,900.00 1 1 $183,928.00 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1-(PARTS A THRU E) I $1,233,800.00 1 1 $1,041,512.00 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 22011 Project Name City Hall Council Chambers Renovations Ph.1/Ph.2 Type Reconditioning-Asset Longevity Department Public Facilities Useful Life 25 years Contact Director of Asset Management Category Building Rehabilitation Priority 2 Critical-Asset Condition\longevity --- Status Active dT Description Project consists of the renovation and needed improvements to bring the chambers to current code standards and meet the needs of the growing City of Corpus Christi.Phase 1 will include the renovation of the public area of Council Chambers to include mechanical,electrical upgrades, furnishings,finishes and fixtures,additional equipment will be added as needed. Phase 2 will consist of the renovation of the executive meeting areas behind the chambers which will include the same types of upgrades. Justification City Hall is the main hub of all government activity,as well as being the public meeting location for Council for Corpus Christi. This project is necessary to bring all issue into compliance with City Codes. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 505,000 338,000 843,000 Design 84,240 84,240 Eng,Admin Reimbursements 36,300 64,820 101,120 Total 625,540 402,820 1,028,360 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation(New) 625,540 402,820 1,028,360 Total 625,540 402,820 1,028,360 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. 109 Corpus Chr sti Engineering Council Chambers Modernization FMAC) Council Presentation April 25, 2023 Project Corpus Chr sti Engineering The Scope of Work Includes: • Modernizing interior design • Lighting upgrades • Modernizing the council seating area and dais • Replacing the public seating • Relevant electrical and mechanical improvements • Support of new A/V and IT Improvements (by others) 40ApUS cyRJ, i Y r _ t1 y s CITI'OF CORPUS CHRISTI µ � GIGNAC ARCHITECTS Rear View Cotpus cr,l st Engineering r WK if Mm IW ARCHITICTS -y j �aa 4 Dias View Corpus Chr sti Engineering t i rvG ` N ; h .��... ter. Floor Plan Corpus Chi sti Engineering 10 tom] ❑. C ity of Corpus Christi City C.-6 lCh.mbers 6 Project Schedule Corpus Chr sti Engineering 2021 - 2022 2023 2023 November — December January —April May — December Design Bid/Award Construction The projected schedule reflects City Council award in April 2023 with anticipated completion by December 2023. Corpus Christi Engineering 3 � p � . M.L.K. JR DR , E PROJECT LOCATION U) P cnLLJ S 9v r o e - °� CORPUS CHRISTI BAY 1-37 a °y o ; 1.37 s ANTELOPE ST m � � U VICINITY MAP T_� w Q NOT TO SCALE J � _ Q PROJECT LOCATION z LEOPARD LEOPARD ST �I IMP p SIP 7' `'' MESTINA ST ' . � MESTINA ST c in c~ ~ II1 w I z z w m _ z LLI (n p k .. 6 p d 4 LIPAN ST LIPAN ST U) , _ Q W �A z COMANCHE ST AERIAL MAP NOT TO SCALE PROJECT NO. 22011 CITY COUNCIL CHAMBERS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS MODERNIZATIONDEPARTMENT OF ENGINEERING SERVICES se X111 a.� H U NCOgpOPPt EAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 25, 2023 DATE: March 20, 2023 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney mrisley@cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record,for the upcoming policy year(May 5, 2023-May 4, 2024), for an annual premium of $4,540,615.35 CAPTION: Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for the upcoming policy year (May 4, 2023-May 4, 2024), for an annual premium of$4,540,615.35 SUMMARY: The current property insurance policy expires May 4, 2023. This renewal is under the current Broker of Record Service agreement with Carlisle Insurance. Limits, coverage and deductible structures will change significantly under this renewal as illustrated in the graph below. BACKGROUND AND FINDINGS: The City's Property Insurance Program, a Tier I coastal risk, currently carries property insurance coverage which includes: All Other Perils (AOP), Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown (Boiler/Machinery). The City's property insurance program is a multi- layered program comprised of participating admitted and non-admitted commercial insurance carriers. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes other specialty insurance type risks: wharves, baseball stadium, docks, piers and fine arts. The City also purchases through our broker of record agreement flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A and V through the National Flood Insurance Program that is not included in this amount). Historically, over the last four years, the property insurance market capacity has been contracting, steadily pushing rates and premium upwards but while maintaining property limits and deductibles. Two years ago, it appeared for a period of time, that rates were stabilizing, however, unforeseen, winter storm Uri, affected property all across Texas and pushed property insurance rates even higher and continued to de-stabilize the market. Continued worldwide catastrophic events last year further destabilized the markets making the current/expiring property program financially unsustainable. Property insurance underwriting capacity has forced carriers to drastically reduce coverage limits, terms and conditions while at the same time increasing deductibles, rates and premiums, to levels not seen in recent history. Further, the City's recent property claims loss history which includes Hurricane Harvey, Hurricane Hannah, and now Winter storm Uri have also been a moderate but contributing factor for increase in rates as well. Based on the afore stated, the following is presented as the best option with the changes in loss limits and deductibles highlighted below. l o Totallnsured/Value S $704,560,606 $706,083,206 $761,086,240 $769,065,740 $854,409,066 Property Rate(per$100 $0.3115 $0.4029 $0.4598 $0.5107 $0.5314 value) Premium $2,194,681 $2,884,565 $3,602,050 $3,927,242 $4,515,436 Premium+/- $85,367 $691,239 $751,633 $345,869 $615,373 (4%increase (32%increase (26%increase (10%increase (16%increase from prev.yr.) from prev.yr.) from prev.yr.) from prev.yr.) from prev.yr.) Limits/All Risk $250,000,000 $250,000,000 $250,000,000 $250,000,000 $ 50,000,000 NamedStorm $150,000,000 $150,000,000 $150,000,000 $150,000,000 $ 50,000,000 Flood/EarthMovement $50,000,000 $50,000,000 $50,000,000 $50,000,000 $ 50,000,000 Al/Risk-per occurrence $50,000 $50,000 $50,000 $50,000 $250,000 Flood-per occur(storm surge $100,000 $100,000 $100,000 $100,000 $250,000 included) NamedStorm 2%of Total 2%of Total 2%of Total 2%of Total 3%of Total Insurable value Insurable value Insurable value Insurable value Insurable value at the time of at the time of at the time of at the time of at the time of the loss at each the loss at each the loss at each the loss at each the loss at each location location location location location involved in the involved in the involved in the involved in the involved in the loss or damage loss or damage loss or damage loss or damage loss or damage arising out of arising out of arising out of arising out of arising out of the mined the mined the mined the named stonn the mined storm subject to storm subject to storm subject to subject to a storm subject to a minimum of a minimum of a minimum of minimum of a minimum of $100,000 any $100,000 any $100,000 any $100,000 any $250,00 any one occurrence one occurrence one occurrence one occurrence one occurrence. and max of and max of and max of and max of Carriers are not $4,000,000 any $4,000,000 any $4,000,000 any $4,000,000 any offering max. one occurrence one occurrence. one occurrence. one occurrence cap protection. Win&Hail per occur $50,000 $50,000 $50,000 $50,000 $250,00 EarthMovementper occur $50,000 $50,000 $50,000 $50,000 $250,000 Equipment Breakdown $2500 $2500 $2500 $2500 $2500 (Boiler&Machine ) Future strategies to address property insurance program challenges, if needed: ➢ Continue to refine the property schedule to identify and insure only those locations of high operational value that would allow the City to lower its Total Insurable Value, potentially decreasing rates and premium and possibly enhancing coverage. ➢ Continue to review deductible structures and make any adjustments necessary that are within the City's risk appetite based on market conditions. ➢ Explore alternative property insurance market risk pool placement. ALTERNATIVES: Risk Management obtained, reviewed and analyzed alternative property insurance renewal proposals and of the options submitted, the first option offered only a $25 million limit for a rate of 0.4131 and a premium of $3,529,834 for all risk. The risk tolerance for a catastrophic loss that the city would be assuming with a loss limit of only $25 million would be too great to financially bear. The third option proposed a $100 million dollar limit at a rate of .6890 and a premium of $5,886,631. This option far exceeded Risk Management's budget by almost $2 million and was not financially feasible. Also, if this item is not approved, another alternative is for the City to fully self-insure property losses. However, such an increase in risk might be considered a negative for the City's bond rating agencies as we are not financially structured to assume. Any decrease in credit rating would quickly absorb any self- insurance savings. FISCAL IMPACT: Risk Management included this expenditure in its FY 2023-2024 budget. The Risk Management fund is an internal operating fund based on departmental property value cost allocation to each department. Approval of this item is an annual reoccurring expenditure to limit the City's financial exposure under its current property insurance program. FUNDING DETAIL: Fund 5611-Liab/EB Liability Fund 1030-Hotel Occupancy Tax Fund 4710-Visitor Facility Organ ization/Activity: Org. 40520-Ins Policy Premiums Org.13826-Baseball Stadium Org. 13625-Arena Operations Org. 13600-Convention Center/Auditorium Operations Account: 537090-Flood Insurance Account: 537095-Windstorm Insurance Account: 537420-Property Insurance Department: Legal/Risk Management Project # (CIP Only): RECOMMENDATION: Staff recommend the City renew its property insurance as illustrated above with lower loss limits and higher deductible structure. Future premiums renewals which are less may be subject to automatic renewal. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Resolution Historical Timeline and Rates Property Survey Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2023 — May 4, 2024) in exchange for an annual premium not to exceed $4,540,615.35. WHEREAS, the City utilizes its broker of record to obtain property insurance including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance for protection of the public health or safety of the municipality's residents; WHEREAS, the current coverages are subject to renew as of May 5, 2023; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, the City Council finds that this procurement of property insurance qualifies as an exception to competitive bidding under Texas Local Government Code, Section 252.022(a)(2), as this procurement is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City Council also finds that this procurement is authorized pursuant to Texas Local Government Code Section 252.024, which authorizes a sole broker of record to procure necessary coverages for insurance. 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 designee, is authorized to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through City's Broker of Record Carlisle Insurance Agency, for upcoming policy year (May 5, 2023, through May 4, 2024) in exchange for a total annual premium in an amount not to exceed $4,540,615.35. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor CAUsers\ufc-prod'AppDataALocal\Temp\BCL Tectmologies\easyPDF 8\CaBCLtCD04097C14\�PBBCL�P004097C14.docx Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Paulette Guajardo Roland Barrera Everett Roy Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 PUBLIC ENTITY PROPERTY PROGRAM SURVEY 2023 PUBLIC ENTITY TOTAL INSURED PROPERTY INSURANCE LIMIT VALUES (TIV) City of Houston $11.213 $200M All Other Perils (AOP) $200M Named Storm City of San Antonio $4.713 $25M All Other Perils (AOP) $25M Named Storm City of Miami Beach, FL $1.413 $150M All Other Perils (AOP) $30M Named Storm City of New Orleans $1.013 $75M All Other Perils (AOP) $30M Named Storm City of Fort Lauderdale, FL $551.OM $25M All Other Perils (AOP) $25M Named Storm, Flood for Non-Utility $15M Named Storm for Utility Property Port of Corpus Christi $547.5M $100M All Other Perils (AOP), Flood $125M Named Storm Port of Houston $202.OM $75M All Other Perils (AOP) $75M Named Storm 4/20/2023 City of PROPERTY INSURANCE Corpus HISTORICAL TIMELINE&RATES Christi —.—TOTAL PROPERTY RATE $0.7000 $0.6000 $0.5300 $0.5300 $0.5314 $0.5107 40t � N $0.5000 $0.4900 $0.4900 $0.4598 01 2023 $0.4384 Insured Global Losses-$156 $0.4029 $0.4000 2011GIobal 18separate$1B+ Losses:$1 wualhor/climalodisasters r Lu 022 Global Losses-$130 Q 2012 Globe $0.3115 ° PY Losses:$721 $0.2875 $0.2761 $0.2851 WinterStorms-$10-$201 $0.3000 20 separate$1 B+ Hurricaneingrid weather/clirmaLdisasters, ; $26(9-14-1 021 Global Lo130 G L rricano Harvey,Irma,Maria 88 CA Wildfires-$12B 2017 Global Losses:-$1506 Global Pandemic $0.2000 etforCAT Losses) Losses from Civil Unresl-$1.5B 2014 Global , Record 30 Named Storms-$76 Losses: Hurricane Florence& CA/CO Wildfires-$131 , _$351 2016:Spring Texas Hail Storms-$5.5B Michael-$15B 2020 Global Losses:-$89.56 2016:Sateen$1 B+Weather Events in U.S. CA Wildfires$11 B 2016:Global Losses:-$51B 2018 Global Losse $0.1000 s: $80B Dec 2015 Flooding& �" — 2019 Global Tornadoes$4B Losses:-$57B 2015 Global Losses:-$32B $0.0000 .................................. ..................... .................... .................. ... .................. .................... ..................... ..................... .................... ...................... ..................... ..................... . ......... 2010.211 2011.2012 2012-213 2013_201Q 2014.2015 2015.2016 2016 21� 2011 218 201g_2019 2019.2020 2p20_221 2p21-2022 2p22.223 2023'224 CARL-ISL-P— IN ARLISLEIN S V R A N C E 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 25, 2023 DATE: April 14, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO-Director of Finance and Procurement Heatherh3(a)cctexas.com 361-826-3227 Motion authorizing a professional services contract with McCall, Parkhurst, and Horton, LLP CAPTION: Motion authorizing a professional services agreement with McCall, Parkhurst & Horton L.L.P., in an amount not to exceed $100,000, for legal services in connection with the repurposing of the Type A sale tax for a convention center project. SUMMARY: This item considers approval of a professional services contract with McCall, Parkhurst, and Horton, LLP (McCall) for legal services in support of the possible development of a Conference Center Hotel, the expansion and improvement of the Convention Center, and possible repurposing of Type A sales tax. BACKGROUND AND FINDINGS: The City contracted with Hunden Strategic Partners to perform a needs assessment of the American Band Center (ABC), a feasibility study for a Conference Center Hotel, and an entertainment district market demand study utilizing city owned properties surrounding the ABC complex. The preliminary study has been completed, and results were presented to City Council. The next step is to complete the financial modeling and identify revenue sources, allowed uses of these revenues, and potential financing structures. This item will approve a professional services contract with McCall, Parkhurst & Horton L.L.P. for legal services in support of this next step. McCall, Parkhurst & Horton L.L.P. will work with the City's financial advisors, Specialized Public Finance, Inc (SPFI), and Hunden Strategic Partners to identify sources and uses for the projects and to structure potential financial structures. The attorney who will be working on this project, Clay Binford, has a long-standing relationship with the City, serving as the City's prior legal counsel from 2009 - 2020. Over the past 22 years, Mr. Binford, along with members of his firm, have significant experience in convention centers, convention center hotels, and their financings. They have worked with most major cities in Texas to include the City of Austin's convention center hotel, the City of San Antonio's convention center hotel, the City of Fort Worth's rodeo and convention center facilities, the City of Dallas' convention center hotel, and Bexar County's construction and renovation of the San Antonio Spurs' AT&T Center, to name a few. In addition, McCall, Parkhurst & Horton L.L.P. will be asked to work with City staff to explore repurposing the City's two 1/8 cent Type A sales tax: one 1/8 cent in support of the Arena which expires in 2025 and the second 1/8 cent in support to the Seawall which expires in 2026. Mr. Binford is very familiar with the City's current situation regarding both of these sales tax streams, the limitations on their use (both legal and contractual), and the upcoming events that could result in greater ability for their repurposing or redirection. ALTERNATIVES: City Council could choose not to approve the professional services contract. FISCAL IMPACT: Since the contract is contingent on the future issuance of bonds, the contract will be considered a prepaid expense and will be credited against the issuance costs if debt is issued in support of the projects. However, if debt is not ultimately issued, then the cost for the contract will be charged to the General Fund in a future fiscal year. FUNDING DETAIL: Fund: 4710 Visitor Facilities Organization/Activity: 99 Mission Element: 99 Project # (CIP Only): Account: 119525 Prepaid Expense RECOMMENDATION: City staff recommends approval of the professional services contract. LIST OF SUPPORTING DOCUMENTS: Professional Service Agreement 1 Professional Services Agreement for Outside Legal Counsel This Professional Services Agreement("Agreement") for Outside Legal Counsel is entered into by and between the City of Corpus Christi, a Home-Rule Municipality ("City"), and McCall, Parkhurst & Horton L.L.P., ("Counsel") effective for all purposes upon execution by the City Manager or City Manager's designee. 1. MANAGING ATTORNEY: Counsel's primary City contact will be with Assistant City Attorney Aimee Alcorn-Reed, hereinafter known as the "Managing Attorney". The City Attorney may redesignate the Managing Attorney at any time. Only the Managing Attorney or the City Attorney may assign duties to Counsel unless otherwise directed by the City Attorney. 2. SERVICES TO BE PERFORMED: a. City desires Counsel to perform and Counsel agrees to provide legal services as bond and special counsel in connection with the City's pursuit of expanding and renovating its existing convention center facilities,development of a convention center hotel, and activation of private development in and around the convention center footprint (collectively, the "Plan") and repurposing of the City's existing "Type A" sales tax authority, as follows: 1. Assist with Plan development, to include development of a convention center capital improvement plan. 2. Evaluate existing law to identify and evaluate financing and development tools available to implement all or part of the Plan. 3. Provide advice and support in development and seeking enrollment of special legislation determined by the City as necessary or desirable to implement the Plan. 4. Identify available sources of credit to support a financial program to fund Plan implementation. 5. Negotiate development, operating, and concession agreements and leases with third parties (public or private) participating in Plan implementation. 6. Structure and coordinate issuance and approval of evidences of indebtedness necessary to fund elements of the Plan(whether debt issued by the City or on its behalf, to include State law approvals and delivery of legal opinions as to validity and enforceability and, as applicable, exemption of interest thereon for purposes of income taxation under federal tax law). 7. Coordination with Texas Comptroller to activate any State revenue rebate or refund available to fund a part of the Plan. 8. Support and advice regarding any public elections necessary to repurpose for or make available to the Plan various identified revenue sources. 9. Support and advice relating to the re-purposing of the 2 "Type A" 1/8ffi cent sales tax funds. b. This contract is terminable with or without cause by the City. Further,this contract does not bind the City for any obligation exceeding $100,000 without further City Manager approval. If Counsel believes, at any point,that amounts will exceed such limitation,then Counsel will immediately inform the Managing Attorney with copy to the City Attorney. c. Counsel agrees to perform its services in accordance with the attached GUIDELINES FOR OUTSIDE COUNSEL. City will reimburse Counsel for reasonable expenses and pay Counsel a fee for its services in accordance with the attached GUIDELINES FOR OUTSIDE COUNSEL at the following rates: For the Matter, initially and continuing until development of a final Plan (as approved by City Council 2 or City staff), Counsel shall charge for services rendered on an hourly basis, calculated at the hourly rates provided below and provide an accounting of hours each quarter. Fees up to the initial $100,000 will be billed quarterly as shown below. April 1, 2023: $25,000 July 1, 2023: $25,000 October 1, 2023: $25,000 January 1, 2024: $25,000 After Plan finalization, the City and Counsel will determine the scope of financings and other work necessary for Plan implementation and negotiate a fair and reasonable fee for necessary services to be rendered, which amounts shall be paid from debt proceeds at their time of issuance. At the time of Plan finalization and negotiation of the fees to be paid by the City, Counsel shall provide a final accounting of the amount of hourly time spent on the legal services prior to the date of Plan finalization and subtract from that total the amount paid by the City to Counsel pursuant to the preceding paragraph. The balance shall be credited or debited, as applicable, to the total amount of fees to be owed to Counsel upon completion of a Plan-related financing. Hourly fees in furtherance of the foregoing shall be calculated at the following rates: • Senior partners (Clay Binford; Stefano Taverna)— $650/hour • Junior Partners (Lauren Ferrero; Jay Juarez)—$575/hour • Senior Counsel (Rose Kanusky) —$500/Hour • Associates—$325/hour Other personnel may be added based on specific skill set or need. Such other personnel, if any, will be slotted at the hourly rate most commensurate with his or her level of experience. d. Payments due to Counsel by the City are payable within 30 days after receipt of an acceptable invoice. Payments due to Counsel will be made payable to and addressed as follows: Name: McCall, Parkhurst & Horton L.L.P. Address: As stated on invoice 3. INDEPENDENT CONTRACTOR: Counsel shall perform all professional services as an independent contractor and shall furnish such services in its own manner and method, and under no circumstances or conditions shall an agent, servant, or employee of Counsel be considered an employee of the City. If Counsel believes, at any point, that its duties create an employment relationship with City, then Counsel shall immediately notify its City contact. 4. OUTSIDE ACTIVITIES: Outside consulting or business opportunities are completely allowed under this agreement. Counsel may accept or engage in outside business opportunities with the understanding that such arrangements must not constitute a conflict of interest with Counsel's responsibilities under this Agreement. 5. QUALIFICATION: Counsel represents that Counsel is fully capable and qualified to execute the services in this agreement and does not require any training from the City. 6. QUALITY OF SERVICE: All work will be done in accordance with the standards of the legal profession and all services are subject to final approval by a representative of the City prior to payment. 7. CONFIDENTIAL MATTERS AND PROPRIETARY INFORMATION: Counsel recognizes that during the course of contract performance he or she may acquire knowledge or confidential information.Counsel agrees 3 to keep all such confidential information in a secure place and further agrees not to publish, communicate, divulge, use, or disclose, directly or indirectly, for his or her own benefit or for the benefit of another, either during or after contract performance, any such confidential information. 8. CAPTIONS: The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 9. RELATIONSHIP OF PARTIES: In performing this Agreement, both the City and Counsel shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 10. SEVERABILITY: If for any reason,any section,paragraph,subdivision,clause,provision,phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause,provision, phrase, or word of this Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid,or unenforceable clause or provision,a clause or provision,as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 11. SOLE AGREEMENT:This Agreement constitutes the sole agreement between the City and Counsel.Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. EXECUTED by the PARTIES,both of which hereby represent that the signatures to this AGREEMENT,below, are of those persons with the capacity and authority to legally bind the PARTIES. CITY OF CORPUS CHRISTI Mc a rs Pt & Horton,L.L.P. Peter Zanoni Cly fo d City Manager Partn kt.� Iqr X23 Date Date 4 GUIDELINES FOR OUTSIDE COUNSEL I. DUTIES OF FIRM A. Scope of Services We expect matters to be leanly staffed and economically handled. The Managing Attorney will be contacting you to discuss the specific work assignments, possible sharing of work between our in-house staff and your firm, and how to work together most efficiently to fulfill the engagement and to constrain costs. Decisions will be made jointly by you, the Managing Attorney and the Assistant City Manager, when indicated. Examples of such decisions include whether to: • engage in extensive research on an issue and who will do the research; • file a motion; • hire an expert; • engage in settlement negotiations and the scope of those negotiations (Assistant City Manager and Managing Attorney,jointly); and • any decision to appeal a case (must be separately authorized by the City Attorney.) B. Representation The Firm shall coordinate all aspects of its services with the Managing Attorney assigned to this matter. Contemporaneous copies of all pleadings, legal memoranda, and correspondence shall be submitted to the Managing Attorney. Settlement actions shall be made by the Managing Attorney and Assistant City Manager. Please note that formal action by the Corpus Christi City Council may be required to approve certain actions, including settlement. All contact with City Officials must be coordinated through the Managing Attorney. C. Conflict of Interest Before commencing work on this assignment, you must verify whether your firm has a conflict of interest with respect to the parties involved. If any conflicts are present,please advise the Managing Attorney immediately in writing. D. Ethics In providing legal services to the City, the Firm and each attorney providing services to the City shall fully comply with the Texas Disciplinary Rules of Professional Conduct. The law firm shall promptly notify the City if any disciplinary action or malpractice action is instituted against the law firm or an attorney providing services to the City. E. Authorized Expenditure Ceiling The total cost of fees and expenses to the City for representation in this matter shall not exceed the authorized expenditure amount(s) established in written by the Managing Attorney. If the Counsel objects to the authorized expenditure amount, Counsel must obtain a written increase in the authorized expenditure amount. F. Expenses The Firm shall exercise prudence in incurring expenses. The Firm agrees to timely pay for all reasonable expenses incurred during representation of the City in this matter, including litigation expenses, if applicable. Such payments shall be made as they become due and payable subject to reimbursement as provided in this Agreement. The City agrees to reimburse the Firm for the reasonable, actual cost of expenses incurred in this matter as provided in the Billing Requirements section of this Agreement. The City of Corpus Christi will not reimburse for expenses related to client reports or billing. 5 G. No Increase in Billing Rates The City will not increase billing rates for any matter which is in progress without the written approval of the City Attorney in an amended Rate Schedule. H. Work Products All files, reports, exhibits,pleadings, data compilations,memoranda, and other work products produced under this Agreement, collectively, the "Documents," will be the property of the City of Corpus Christi. Upon termination, the Firm may retain a copy of the Documents, but the Firm shall deliver the original Documents to the City Attorney on request, at no expense to the City. Neither the Firm nor any persons hired by the Firm to prepare Documents pursuant to this contract shall own a copyright or other intellectual property rights in the documents, and the City shall be entitled to copy and distribute all Documents. Copies of documents prepared by Firm shall be provided electronically to the City in editable WORD format. II. BILLING INSTRUCTIONS Failure to follow these policies may result in no payment for part or all of the fees associated with work that does not comport with these policies. The City will not pay for work outside the scope of work and assignments approved by the Managing Attorney. A. Billing Requirements 1. Itemized bills must be submitted on Firm letterhead on a monthly basis. 2. Itemized bills must include a remittance page. 3. The Firm shall bill time in 1/10th of an hour(or smaller) increments. 4. The negotiated hourly rates on the attached Engagement Letter include all overhead and internal charges associated with your firm's practice. The City expects that work for the City will be done at a substantial discount from the firm's general billing rates. The City will not separately pay for overhead or law firm costs associated with services of secretaries, word processors, librarians, investigators, or other support staff. 5. The City will not pay for time spent preparing, discussing, or correcting a billing statement. 6. The City will not pay for opening routine correspondence which does not require a response or impact the merits of the case. 7. The City expects inefficiently spent time to be shown on the bill and written off in the sound exercise of billing judgment. 8. Any attorney work product for which the City is billed shall be provided to the City, either electronically or as a paper copy at the time it is completed. 9. If the Firm requests attorney fees in a contested motion and fees are awarded, the draft should be made payable to the City of Corpus Christi, or the amount of the award must be specifically credited on the next billing statement. 10. A copy of all invoices, bills, and receipts for expenses shall be attached to the monthly bill. 11. Expenses above the limits set forth in the Professional Services Agreement and these Guidelines shall be borne solely by the Firm and shall not be reimbursed under this Agreement. B. Billing Statement Requirements All billing statements must contain the following information: I. IRS taxpayer identification number of the firm or attorney. 2. The vendor's name and address Style of case or Matter description. 3. A remittance page with the monthly statement. 4. Dates of service and a detailed description of service. Vague descriptions, such as "review," "update," "attention to file," "research," and "trial preparation" without more specifics are not acceptable. 6 5. Name, classification (e.g., "partner," "associate " "legal assistant"), billing rate for the person doing the task, and specific time for service to a tenth of an hour. 6. Detailed listing of all expenses with supporting documentation for all third party and travel expenses. C. Consultations 1. The City will not pay for conferences between outside attorneys and support staff. The City expects the matter to be leanly staffed. 2. The City will not pay for time involved educating an outside attorney on a particular matter when it has previously been handled by another attorney in the Firm. D. Court Proceedings Attendance 1. Attendance of more than one attorney at depositions or court proceedings, including trials, is not reimbursable without prior approval by the Managing Attorney. Generally, one attorney is expected to handle matters. 2. Time involved for clerks, junior associates, or paralegals to accompany counsel to depositions, hearings, or trials for training purposes is not reimbursable. E. Inefficient or Duplicate Work The City will not pay for the following; 1. More than one attorney performing any one task on a matter. 2. An attorney to re-do the work of a paralegal or another attorney. 3. Multiple entries for reviewing correspondence, documentation, trial, and/or deposition transcripts, indicative of inefficient work. 4. Repeat and inefficient research on an issue. 5. Research for matters which should be within the knowledge of an experienced practitioner. 6. Time spent training junior or other lawyers. 7. General operating expenses other than long-distance phone bills, postage, and copying (not to exceed 10 cents per page). 8. Unnecessary use of express mail, facsimile transmissions, or couriers. 9. Database usage charges or other fees (other than costs for the time of the researching attorney) for computerized legal research over $200.00 without prior Managing Attorney approval. 10. Automobile mileage exceeding the amount permitted as a business expense under the Internal Revenue Code. 11. Charges for which the Firm would not be liable in the absence of a reimbursement relationship with the client. The Firm must evaluate the need to engage experts, investigators, visual aid companies, etc. on a case by case basis, and must obtain approval of the Managing Attorney before retaining any such services. F. Travel The City will not pay for: 1. time spent traveling unless productive work is done during that time or a specific arrangement is agreed to in writing with the City Attorney in an amendment to this agreement. 2. air travel expenses in excess of standard coach or economy fares. Counsel is expected to take advantage of special fares or discounts whenever possible and will check with the Managing Attorney for information on City vendor discounts. 3. lodging and meals that exceed the per diem rates established by the U.S. General Services Administration. See http://www.gsa.gov/portal/category/100120 7 4. alcoholic beverages. 5. charges from in room hotel "honor"bars. 6. entertainment charges. III. DUTIES OF CITY A. Payment Terms 1. The City shall pay the Firm on the basis of monthly invoices submitted by the Firm and approved by the City Attorney or his designee. 2. The City shall make payments to the Firm within 30 days of receipt of an invoice meeting contract and billing requirements. B. Disputed Pavments 1. If the City disputes any item in an invoice the Firm submits for any reason, the Managing Attorney shall advise the Firm of the issue and request that the Firm submit a new invoice of current date that does not include the disputed amount. The City will not pay for time spent discussing or correcting an invoice. 2. If the dispute is later resolved in the Firm's favor, the Firm may include the disputed amount on a separate invoice or on a subsequent monthly invoice. IV. GENERAL PROVISIONS A. Right to Audit The City has the right to inspect and audit all books, records, and documents of the Firm pertaining to this engagement at any reasonable time, to the extent necessary to verify the accuracy of any statement, charge, or computation. If the Firm is asked to provide information to the City,including,but not limited to City auditors (either City employees or professionals hired by the City to audit the City's records) or the City finance department, the Firm shall provide such information at no additional cost to the City. V. TERMINATION The City may terminate this Agreement with or without cause at any time. Upon receipt of a written request by the City, the Firm shall immediately discontinue work under the Agreement and transmit all files or written materials to the City. Thereafter, only those legal services necessary to effectuate termination of representation or transfer to another attorney may be performed. All such services must be expressly authorized in advance and in writing by the Managing Attorney. VI. REPORTS The City requires outside counsel to provide initial and supplemental reports to the Managing Attorney and the Assistant City Manager via e-mail. The initial report shall provide concise statement of current status of the matter with anticipated next steps and identify any deadlines for response. A monthly follow up report will be provided by outside counsel to the Managing Attorney and Assistant City Manager every 30 days. VII. ATTENDANCE AT MEDIATION AND SETTLEMENT CONFERENCES The Assistant City Manager or designee will attend mediations with defense counsel. Defense counsel should consult with the Assistant City Manager to determine if attendance at settlement conferences is necessary. II �Y,11`1�11� F� " 6 • iT Y III4S ` j s�®rico_ WWI Professional Services Contract with McCall, Parkhurst, and Horton LLP Focusod on Public City Council C CA L L nance since 1919. PARKHURST & HORTON April 25, 2023 Professional Services Contract with McCall, Parkhurst, and Horton LLP Consideration of approval of a professional services contract with McCall, Parkhurst, and Horton, LLP (McCall) in the amount not to exceed $100,000, for legal services in support of the possible development of a Conference Center Hotel, the expansion and improvement of the Convention Center, and possible repurposing of Type A sales tax. • Assist with the hotel and conference center project including: 1. Identifying revenue sources 2. Establishing allowed uses of revenues 3. Potential financing structures • In addition will work with City staff to explore repurposing the City's two 1/8 cent Type A sales tax. Professional Services Contract with McCall, Parkhurst, and Horton LLP • The attorney who will be working on this project, Clay Binford, has a long-standing relationship with the City, serving as the City's prior legal counsel from 2009 - 2020. Over the past 22 years, Mr. Binford, along with members of his firm, have significant experience in convention centers, convention center hotels, and their financings • They have worked with most major cities in Texas to include the City of Austin s convention center hotel, the City of San Antonio's convention center hotel, the City of Fort Worth's rodeo and convention center facilities, the City of Dallas' convention center hotel, and Bexar County's construction and renovation of the San Antonio Spurs' AT&T Center, to name a few. 3 I 0 Recommendation: Staff recommends approval of the service contract with McCall, Parkhurst, and Horton LLP. Questions? se X111 a.� H U NCOgpOPPt EAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 25, 2023 DATE: April 25, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2(o)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Combined 38 Vehicles and Equipment Procurement, 31 Replacements and Seven New Added to the Fleet CAPTION: Resolution authorizing the acquisition of 38 vehicles and equipment of which 31 are replacements and seven are additions, by various departments; 31 units will be outright purchases and seven units will be lease purchases through JP Morgan, for a total of $4,579,313.60 with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2023 funding in the amount of$2,768,914.55 and the remaining balance of$1 ,810,399.05 for the lease purchase items will be funded through the annual budget process. SUMMARY: Resolution authorizes the acquisition of a total of 38 vehicles and equipment by various departments. All 38 units are purchased through Sourcewell, HGAC, BuyBoard, and The Interlocal Purchasing System (TIPS) Cooperatives with 31 units to be outright purchases and seven units to be lease-purchased. Of the 38 units, 31 are replacements and seven will be added to the fleet. Due to the difficulty in purchasing fleet vehicles and the nationwide shortage, it is imperative to act quickly. BACKGROUND AND FINDINGS: Corpus Christi Water — Waste Water Division is authorized to acquire by lease purchase (i) one 85G Compact Excavator from Doggett Heavy Machinery Services for a total amount of $201 ,977.64 with $20,197.74 funding from the FY 2023 Waste Water Fund. Additionally, the Waste Water Division is authorized to acquire by purchase (ii) one 17G Compact Excavator for a total amount of $53,224.00 from Doggett Heavy Machinery Services; (iii) one Kubota RTX1100CWL-HS Truckster with broom attachment for a total amount of$37,590.16 from Kubota Tractor Corporation; (iv) one Chevrolet 1500 Crew Cab 44 for a total amount of $53,624.12; (v) one Chevrolet 1500 Crew Cab 44 for the total amount of $51 ,396.62 from Lake Country Chevrolet; (vi) one Ford F250 Extended Cab for a total amount of $54,922.73 from Silsbee Ford. Items (ii) through (vi) identified in this section will be purchased with FY 2023 funding of $250,757.63 from the FY 2023 Fleet Equipment Replacement Fund. Items (i) and (ii) identified in this section are to be acquired through the Sourcewell Cooperative. Item (iii) identified in this section will be acquired through the BuyBoard Cooperative and items (iv), (v), and (vi) identified in this section will be purchased through the TIPS Cooperative. Corpus Christi Water — Water Division is authorized to acquire by lease purchase (i) one 444P Wheel Loader from Doggett Heavy Machinery Services for a total amount of $234,912.39 with $23,491 .26 FY 2023 funding from the Water Fund. Additionally, the Water Division is authorized to acquire by purchase (ii) three 17G Compact Excavator for a total amount of $159,672.00; (iii) two 50G Compact Excavators for a total amount of$196,069.24; (iv) one BA84C 84"Angle Broom for a total amount of $11 ,427.68 from Doggett Heavy Machinery Services; (v) one Kubota ZD1211 RL-3-72R mower for a total amount of $20,661.47 from Kubota Tractor Corporation; (vi) one Ford F250 Crew Cab for the total amount of $80,693.25 and (vii) one Ford F250 Crew Cab 44 Diesel for a total amount of $71 ,212.08 from Silsbee Ford. Items (ii) through (vii) identified in this section will be purchased with FY 2023 funding of $539,735.72 from the Fleet Equipment Replacement Fund. Items (i), (ii), (iii) and (iv) identified in this section are to be acquired through the Sourcewell Cooperative. Item (v) identified in this section will be purchased through the BuyBoard Cooperative; items (vi) and (vii) identified in this section will be purchased through the TIPS Cooperative. The Gas Department is authorized to acquire by lease purchase (i) one 650P Dozer with Side Boom from Doggett Heavy Machinery Services for a total amount of$399,744.47 with $39,974.46 funding from the FY 2023 Gas Fund; (ii) one 50GSL/ BR 50T on RGN Lowboy from J&B Pavelka for a total amount of $100,670.23 with $10,067.04 funding from the FY 2023 Gas Fund. Additionally, the Gas Department is authorized to acquire by purchase (iii) two 17G Compact Excavators for a total amount of $89,629.94 and (iv) one 35G Compact Excavator for a total amount of $86,359.85 from Doggett Heavy Machinery Services (v) one Eager Beaver 20XPT 20 Ton Tag Lowboy Trailer for a total amount of $32,655.19 from J&B Pavelka Incorporated; (vi) three Chevrolet 1500 Crew Cab 44 pickup trucks from Lake Country Chevrolet for a total amount of$154,189.86; (vii)one F250 Extended Cab Service Body Bi-Fuel CNG pickup truck from Silsbee Ford for a total amount of$87,497.30; (viii) one Toyota RAV4 SUV from Silsbee Toyota for a total amount of $31,627.75. Items (iii) through (viii) identified in this section will be purchased with FY 2023 Funding of$481 ,959.89 funding from the Fleet Equipment Replacement Fund. Items (i), (iii), and (iv) identified in this section are to be acquired through the Sourcewell Cooperative. Items (ii) and (v) will be purchased through the HGAC Cooperative; Items (vi), (vii), and (viii) identified in this section will be purchased through the TIPS Cooperative. The Health Department is authorized to acquire by purchase one Ford F250 Crew Cab 44 Diesel pickup truck from Silsbee Ford for a total amount of $71 ,063.85 with funding from the FY 2023 Fleet Equipment Replacement Fund through the TIPS Cooperative. Neighborhood Services is authorized to acquire by purchase one Ford F350 Crew Cab 44 Gas pickup truck from Silsbee Ford for a total amount of $98,367.78 with funding from the FY 2023 Fleet Equipment Replacement Fund through the TIPS Cooperative. Parks & Recreation Department is authorized to acquire by purchase (i) two 772GP Motor Graders from Doggett Heavy Machinery Services for a total amount of$940,430.04; (ii) one Ford F350 Extended Cab Service Body Diesel pick-up truck from Silsbee Ford for a total amount of $86,066.75 and (iii) one Toyota RAV4 Hybrid from Silsbee Toyota for a total amount of $35,439.25. Items (i) through (iii) identified in this section will be purchased with FY 2023 funding of 1 ,061 ,936.04 Fleet Equipment Replacement Fund. Item (i) identified in this section will be purchased through the Sourcewell Cooperative. Items (ii) and (iii) identified in this section will be purchased through the TIPS Cooperative. Solid Waste is authorized to acquire by lease purchase (i) one 644P Waste Handler for a total amount of$522,211 .23 with FY 2023 funding of$52,221 .12 from the General Fund; (ii) one 644P Wheel Loader from Doggett Heavy Machinery Services for a total amount of$489,064.03 with FY 2023 funding of $48,906.42 from the General Fund; (iii) one Ford F250 Regular Cab 44 Diesel from Silsbee Ford for a total amount of $62,974.58 with FY 2023 funding of $6,297.48 from the General Fund. Additionally, Solid Waste is authorized to acquire by purchase (iv) two Landa Pressure Washers with 300-gallon tanks from Washing Equipment of Texas for a total amount of $63,938.12 with FY 2023 funding from the Fleet Equipment Replacement Fund. Items (i) and (ii), identified in this section are to be acquired through the Sourcewell Cooperative. Item (iii) identified in this section will be purchased through the TIPS Cooperative; item (iv) identified in this section will be purchased through the HGAC Cooperative. PROCUREMENT DETAIL: This procurement is through Sourcewell, HGAC, BuyBoard, and TIPS Cooperatives. Contracts awarded through the above-mentioned cooperatives have been competitively procured in compliance with Texas local and State procurement requirements. Procurement staff have modified their business practices and taken a proactive approach to our vehicle procurement process and used all resources available to ensure vehicles and equipment can be sourced and delivered promptly using economically favorable methods. The FY 2023 budget includes 355 new and replacement vehicles. The approval of this item represents a total of 63% of units procured to date for FY 2023. ALTERNATIVES: The alternative would be to continue using current units that are beyond their expected service lives. This would increase the cost of repairs and loss of productive man-hours due to more frequent maintenance issues. FISCAL IMPACT: The FY 2023 fiscal impact of these purchases totals $2,768,914.55 funded by various department funds. The remaining balance of $1,810,399.05 for the lease purchase items will be funded through the annual budget process. The interest rate for the lease-purchased items is 7% for a total cost of $2,011 ,554.57 and a term of 60 months. FUNDING DETAIL: Various RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit 1 Spreadsheet Exhibit 2 Spreadsheet Resolution authorizing the acquisition of 38 vehicles and equipment of which 31 are replacements and seven are additions, by various departments; 31 units will be outright purchases and seven units will be lease purchases through JP Morgan, for a total of $4,579,313.60 with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2023 funding in the amount of $2,768,914.55 and the remaining balance of $1,810,399.05 for the lease purchase items will be funded through the annual budget process. WHEREAS, various City departments need to acquire both new and replacement fleet vehicles via direct purchase and lease purchase; WHEREAS, such acquisitions are to be sourced through the purchasing cooperatives or manufacturer specified, at the amounts stated, and from the fund accounts identified in this resolution. 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 these procurements. Section 2. Waste Water Division is authorized to acquire by lease purchase (i) one 85G Compact Excavator from Doggett Heavy Machinery Services for a total amount of $201 ,977.64 with $20,197.74 funding from the FY 2023 Waste Water Fund. Additionally, the Waste Water Division is authorized to acquire by purchase (ii) one 17G Compact Excavator for a total amount of $53,224.00 from Doggett Heavy Machinery Services; (iii) one Kubota RTX1100CWL-HS Truckster with broom attachment for a total amount of $37,590.16 from Kubota Tractor Corporation; (iv) one Chevrolet 1500 Crew Cab 44 for a total amount of $53,624.12; (v) one Chevrolet 1500 Crew Cab 44 for the total amount of $51 ,396.62 from Lake Country Chevrolet; (vi) one Ford F250 Extended Cab for a total amount of $54,922.73 from Silsbee Ford. Items (ii) through (vi) identified in this section will be purchased with FY 2023 funding of $250,757.63 from the FY 2023 Fleet Equipment Replacement Fund. Items (i) and (ii) identified in this section are to be acquired through the Sourcewell Cooperative. Item (iii) identified in this section will be acquired through the BuyBoard Cooperative and items (iv), (v) and (vi) identified in this section will be purchased through the TIPS Cooperative. Section 3. Water Division is authorized to acquire by lease purchase (i) one 444P Wheel Loader from Doggett Heavy Machinery Services for a total amount of $234,912.39 with $23,491 .26 FY 2023 funding from the Water Fund. Additionally, the Water Division is authorized to acquire by purchase (ii) three 17G Compact Excavator for a total amount of $159,672.00; (iii) two 50G Compact Excavators for a total amount of $196,069.24; (iv) one BA84C 84" Angle Broom for a total amount of$11 ,427.68 from Doggett Heavy Machinery Services; (v) one Kubota ZD1211 RL- 3-72R mower for a total amount of $20,661 .47 from Kubota Tractor Corporation; (vi) one Ford F250 Crew Cab for the total amount of$80,693.25 and (vii) one Ford F250 Crew Cab 44 Diesel for a total amount of$71 ,212.08 from Silsbee Ford. Items (ii) through (vii) identified in this section will be purchased with FY 2023 funding of $539,735.72 from the Fleet Equipment Replacement Fund. Items (i), (ii), (iii) and (iv) identified in this section are to be acquired through the Sourcewell Cooperative. Item (v) identified in this section will be purchased through the BuyBoard Page 1 of 3 Cooperative; items (vi) and (vii) identified in this section will be purchased through the TIPS Cooperative. Section 4. The Gas Department is authorized to acquire by lease purchase (i) one 650P Dozer with Side Boom from Doggett Heavy Machinery Services for a total amount of $399,744.47 with $39,974.46 funding from the FY 2023 Gas Fund; (ii) one 50GSL/ BR 50T on RGN Lowboy from J&B Pavelka for a total amount of $100,670.23 with $10,067.04 funding from the FY 2023 Gas Fund. Additionally, the Gas Department is authorized to acquire by purchase (iii) two 17G Compact Excavators for a total amount of$89,629.94 and (iv) one 35G Compact Excavator for a total amount of$86,359.85 from Doggett Heavy Machinery Services (v) one Eager Beaver 20XPT 20 Ton Tag Lowboy Trailer for a total amount of $32,655.19 from J&B Pavelka Incorporated; (vi) three Chevrolet 1500 Crew Cab 44 pickup trucks from Lake Country Chevrolet for a total amount of$154,189.86; (vii)one F250 Extended Cab Service Body Bi-Fuel CNG pickup truck from Silsbee Ford for a total amount of$87,497.30; (viii) one Toyota RAV4 SUV from Silsbee Toyota for a total amount of $31,627.75. Items (iii) through (viii) identified in this section will be purchased with FY 2023 Funding of$481 ,959.89 funding from the Fleet Equipment Replacement Fund. Items (i), (iii) and (iv) identified in this section are to be acquired through the Sourcewell Cooperative. Item (ii) and (v) will be purchased through the HGAC Cooperative; Items (vi), (vii), and (viii) identified in this section will be purchased through the TIPS Cooperative. Section 5. The Health Department is authorized to acquire by purchase one Ford F250 Crew Cab 44 Diesel pickup truck from Silsbee Ford for a total amount of$71 ,063.85 with funding from the FY 2023 Fleet Equipment Replacement Fund through the TIPS Cooperative. Section 6. Neighborhood Services is authorized to acquire by purchase one Ford F350 Crew Cab 44 Gas pickup truck from Silsbee Ford for a total amount of $98,367.78 with funding from the FY 2023 Fleet Equipment Replacement Fund through the TIPS Cooperative. Section 7. Parks & Recreation Department is authorized to acquire by purchase (i) two 772GP Motor Graders from Doggett Heavy Machinery Services for a total amount of$940,430.04; (ii) one Ford F350 Extended Cab Service Body Diesel pick-up truck from Silsbee Ford for a total amount of $86,066.75 and (iii) one Toyota RAV4 Hybrid from Silsbee Toyota for a total amount of $35,439.25. Items (i) through (iii) identified in this section will be purchased with FY 2023 funding of 1 ,061 ,936.04 Fleet Equipment Replacement Fund. Item (i) identified in this section will be purchased through the Sourcewell Cooperative. Items (ii) and (iii) identified in this section will be purchased through the TIPS Cooperative. Section 8. Solid Waste is authorized to acquire by lease purchase (i) one 644P Waste Handler for a total amount of$522,211 .23 with FY 2023 funding of$52,221 .12 from the General Fund; (ii) one 644P Wheel Loader from Doggett Heavy Machinery Services for a total amount of $489,064.03 with FY 2023 funding of $48,906.42 from the General Fund; (iii) one Ford F250 Regular Cab 44 Diesel from Silsbee Ford for a total amount of$62,974.58 with FY 2023 funding of $6,297.48 from the General Fund. Additionally, Solid Waste is authorized to acquire by purchase (iv) two Landa Pressure Washers with 300-gallon tank from Washing Equipment of Texas for a total amount of $63,938.12 with FY 2023 funding from the Fleet Equipment Replacement Fund. Items (i) and (ii), identified in this section are to be acquired through the Sourcewell Cooperative. Item (iii) identified in this section will be purchased through the TIPS Cooperative; item (iv) identified in this section will be purchased through the HGAC Cooperative. Page 2 of 3 Section 9. Contingent funding of 10% has been included in the amounts in Sections 2 through 8 and is authorized pursuant to this resolution due to the ongoing volatility of market conditions and current supply chain issues, with such contingent funding to be accessed only on an as-needed basis per individual item purchased. Section 10. The City Manager, or his designee, is authorized to execute all documents necessary to acquire the vehicles and equipment enumerated in this resolution for a total estimated amount of $4,579,313.60 and in the manner, from the fund accounts, and through the purchasing cooperatives or manufacturer, as applicable, identified in the previous sections of this resolution. PASSED AND APPROVED on the day of , 2023 Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 Exhibit 1 38 Vehicles and Equipment Type of Coop Description Dept Quantity Vendor Name Cort Funding R—I, Procurement CCW,Gas, Waste Water Fund,--Fund, 4Replarement Lease Purch— Sourcewell John Deere Package Solid Waste 5 Doggett Heavy Machinery 1,847,909.76 Gas Fund,General Fund 1 Addihon= CCW,Gas, 8 Replacement Purch— Sourcewell John Deere Package Parks&Recreahon 12 Doggett Heavy Machinery 1,536,812.75 Feet Equipment Replacement Fund 4Addid— LeasePurch— HGAC Eager Eeaver Tail— Gas 1 J&B Pavelka lnc 100,670.23 Gas Fund 1Replacement Purch— HGAC Eager Beaver Tail— Gas 1 J&B Pavelka lnc 32,655.19 Feet Equipment Replacement Fund 1Replacement Kubota Trudksters& 2 Replacement Purch— Buy—d Mowers ccw 2 Kubota---Corp 58,251.63 Feet Equipment Replacement Fund Purch— HGAC Pressure Wash Equipment Solid Waste 2 Washing Equip of Texas 63,938.12 Feet Equipment Replacement Fund 2ReplacemenG Lease Purch— TIPS Ford Super Duty Solid Waste 1 Silsbee Ford 62,974.58 General Fund IAddid- CCW,Gas,Health, 6 Replacements Neighborhood Services, Water Fund, 1 Addihon= Purchare TIPS WTd Super Duty Parks&Recreahon J Silsbee Wrd 549,823.74 Feet Equip ment Replacement Fund Purchare TIPS Toyota RAV4 bas,Parts&Recreahon 2 Silsbee Toyota 67,067.00 Heet Equipment Replacement Fund 23e11a1ements Purchare ITIPS Chevroley 1500 Package ICCW,Gas 1 5 JIT,k,Country Chevrolet 1 259,210.60 Feet Equipment Replacement Fund 1 SReplacements 38 9,3 J9,313.60 7— T, EA BEE HIN i i ol W—IR E n L17 1. Mvtnlf�, NEE WE RRER6 19 HEM HN EMM50— RH EE 9i ME E222 IN IMIL ....... ....... H— —77-7, I E I IN REMMEs— 1 1 11 HIM Mill MR. lHi 2M 9i HE ........... 1 1 1 E HE- 7F IMMESS .............. ROME RH HEM RM RMERS—L ........... ........ ...... ...... so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of April 25, 2023 DATE: April 3, 2023 TO: Peter Zanoni, City Manager FROM: Mike Culbertson, Interim CEO mculbertson@ccredc.com (361) 882-7448 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (First Quarter of Fiscal Year 2023) OUTSIDE PRESENTER: Name Title/Position Organization 1. Mike Culbertson Interim CEO CCREDC BACKGROUND: The CCREDC provides quarterly updates to City Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. This presentation covers October— December 2022. Our last presentation was on January 31, 2023. The Metropolitan Statistical Area (MSA) economy is still growing from a low of 180,200 jobs in February 2021 to 192,700 now. As a reference, 2019, the last normal year, the jobs were 192,400. Gas has started to go up again but not at a fast pace. The Eagle Ford is still not pumping as before. Without a stated policy, there is uncertainty in oil. Investors are hesitant to put more money into drilling if they are not assured a return. The unemployment rate has been coming down but has ticked up in this quarter from 4.5% in December up to 5.1%. The number of jobs went up but the number of people looking for jobs increased more. This can be the result of students graduating and entering the workforce; citizens that are returning to the workforce after COVID; and/or new residents. We have a challenge in trying to increase the Labor Rate Participation. We believe some of this is hidden by the gig economy (i.e., a labor market that relies heavily on temporary and part-time positions). The housing market seems to finally be settling down. Prices are up but only slightly. The inventory time is now up to 2.6 months which is trending toward a more balanced market between buyers and sellers. Inventory is up and although prices jumped in November year-over-year, it is still below last year. CCREDC is about securing high paying jobs and diversifying our economy. Tesla has announced that they have broken ground on their lithium refinery to the southwest of the City. They will invest $380 million and create 162 NEW JOBS. This was directly due to our Qualified Sites program where Tesla found the site and they said the process technology program at del Mar College. Previously, the They A Board and the City Council awarded Del Mar $1.3 million to build out that program. It is still paying dividends. The sales tax collections are up across the MSA from 2022 with the exception of a couple of smaller cities. The EDC is working on 15 major projects that are valued at $9.6 billion in capital investment and would possibly create 3,251 quality primary jobs. The EDC is looking for other industries to attract to our region. We are still going through the suggested industries from our Targeted Industry Survey we did in 2020 to look at industries that we can target but also re-shoring opportunities. We are coordinating with partners to push a "sense of place" initiative. Your EDC is delivering value to the City and the region. LIST OF SUPPORTING DOCUMENTS: CCREDC City Council Q1 2023 Quarterly Update City Council Quarterly Update First Quarter of FY 2023 NIA Mike Culbertson Interim CEO Corpus Christi REGIONAL ECONOMIC April 25, 2023 City Council Meeting DEVELOPMENT CORPORATION AN Mission Statement { ' - The mission of the Corpus Christi Regional Economic Development Corporation is to expand and enhance the region's economic base by developing andlor supporting Corpus Christprojects that create primary jobs to improve REGIONAL • • the diversity and size of the local economy. DEVELOPMENT CORPORATION �C3RPUS CHIS MI►4 HUSH REP MEDIAN HONE�RlCE 3OLD:SZ61,79� CLOuED SALES:2A6 DOWN 27.2°,� NP 4.7�'c COMIPARED T{�FEI3.2022 COMPARED TD FEB 2022 ui ......................................... SOLD NiUMBER Of ACT :81y1 U�' MONTHS OF I RY DAYS ON MARKET:68 51.9°�COMPARED TO FEB.2D22 2.6 D�COMWd PAmug RI D TCh 1.5 FEB.2f122 DAYS TO CLC7SE:$1 DAYS TOTAL;99 b 0 GAYS MORE THAN FEB.2022 Source:TAMU Real Estate Center and Corpus Christi Association of Realtors SALES TAX COLLECTION ALLOCATIONS 2020FEB FEB JAN 2023 2022 2023 2022 2021 City of Alice 703,795 539,551 488,921 5,627,384 5,286,345 5,286,345 City of Aransas Pass 219,938 2,743,723 2,516,619 2,516,619 City of Beeville 430,229 417.311 309,762 3,785,579 3.605,444 3,605,444 City of Corpus CUM of Gre o 38,388 75.596 62.283 690,915 612,363 612,363 City of Ingleside 2",020 3,214477 3,7S6,173 3,786,173 City of Port Aransas 226,176 258,D35 195.083 3,372.428 2,667,502 2,687,502 City of Portland 581,690 6,399,502 5,73,5,562 5,735,562 City of Robstown 233,243 187,292 16'7,,523 1,860,293 1,974,500 1,974,500 RockportCity of City of Sinton 156,614 185.325 133.071 1.653,229 1,357,784 1,357,784 Combined Totals YTD 13,079.084 12,305,230 9,968.045 118,663,365 110,205,722 11D,2D5,722 MSA Unemployment Rates 9.0 8.0 7.0 6.0 5.0 4.0 3.0 Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Jan. Feb. 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2023 2023 -- -� Corpus Christi 6.3 5.3 5.1 5.1 S.8 5.7 5.5 S.0 4.8 4.6 4.5 S.0 5.1 -� Texas 4.7 3.9 3.7 3.8 4.4 4.3 4.2 3.8 3.8 3.7 3.6 4.2 4.5 -o-- U.S. 4.1 3.8 3.3 3.4 3.8 3.8 3.8 3.3 3.4 3.4 3.3 3.9 3.9 EMPLOYMENT BY SECTOR FOR SELECTED MONTH/CORPUS CHRISTI MSA 61 JAN Yearlyi i f Change Change Total Nonagricultural 1921700 190,900 188.000 180,200 192,700 0.9% 2.7% Mining, Logging, &Construction 20,600 20,300 197800 18,800 22,300 1.5% 1.5% Manufacturing 8,700 8,200 8,100 8,000 8,600 0.0% 6.1% Trade,Transportation,and Utilities 33,800 33,900 33,100 32,200 32,700 -1.2% -0.3% Information 1,500 1,400 2,700 2,500 2,700 0.0% 7.1% Financial Activities 9,200 8,500 8,400 8,100 8,300 0.0% 8.2% Professional and Business Services 19,300 19,200 18,400 17,600 18,400 -1.5% 0.5% Education and Health Services 31,800 30,500 30,800 30,40 " 32,5001, - 1.3% 4.3% 3 Leisure and Hospitality 26,400 24,800 26,000 23,00 25,200 ° 1.5% 6.5% Other Services 6,300 6,000 6,000 5,60 6,300 0.0% 5.01/ 3510 GQY�C)l g„i! , . 34,900 34 7 $4,OQ ,g35 700 .2°/° 0.60% CCREDC Project Pipeline 15 Active Projects COASTAL �, i , 3,751 Jobs $10.08 Cap Ex A GREAT PLACE TO LIVE A WORK. Industry Capitallnvestment Jobs Battery Storage $ 250 million 10 Green Industry 6,605 million 1,081 Manufacturing 2,100 million 2,300 Steel 1,106 million 360 10,061 million 3,751 Corpus ECONOMICREGIONAL Area Projects Net Taxable Value Taxing Entity 10 Year 20 Year City of Corpus Christi 175,105,109 851,303,341 ' Nueces School Districts 332,414,584IL 598,673,16 COASTAL S4Le,, Del Mar College 25,824,005 47,867,469 A GREAT PLACE TO LIVE AM WORK. Type A Effect 24,834,069 IL 22,448,032 . CorpusThese taxes are net of any incentive offered. Assumed the time REGIONAL ECONOMIC DEVELOPMENT CORPORATION to complete schedule doesn't move appreciatively. City of Corpus Christi includes the industrial district PILOT payments Proactively planning for what the "New Economy" will yield in terms of opportunities and changes to business environment 2021 Targeted Industries Analysis • Supply Chain Analysis CCREDC Reshoring/Nearshoring • Economic Diversification (e.g., Petrochemicals, Steel) Options Projects 4 Place-Making (Place-Attachment Survey) • Assess the factors that make region the location of choice for companies & residents • Aesthetics/Projects Ideas • Social & Other Business Conditions Influencing Community "Stickiness Factors" • Steps to take to stop "brain drain" of young people & professionals • Community Attachment Survey — target 4,500+ responses • Follow-up results presented at August Sr. Executivee Breakfast Business Attraction Trade Shows AISTECH May 8-11 ICSC May 21-22 C ST OASTAL World Hydrogen May 15-18 A GREAT PLACE TO LIVE . !WORK. Cleanpower May 22-24 Hydrogen Tech Expo N. America June 27-29 Other Events Maritime Career Fair: April 12th, 2023 Corpus Christi Upskill Employee Forum: June 2023 DEVELOPMENTREGI' Manufacturing Expo: October 2023 Questions Mike Culbertson Corpus Christi Interim CEO REGIONAL ECONOMIC DEVELOPMENT CORPORATION