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Agenda Packet City Council - 11/28/2023
Lw,A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, November 28,2023 11:30 AM Corpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room(Rm. 210) Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor, Rob Bailey, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Nathan Shearin, Senior at Richard King High School . D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. SECURITY BRIEFING F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1-2) 1. 23-1884 December 1, 2023 Coastal Bend Contracting Summit, presented by Josh Chronley, Assistant Director of Contracts and Procurement 2. 23-1897 Code Enforcement Process Improvement Update, presented by Al Raymond, Director of Development Services City of Corpus Christi Page 1 Printed on 11/27/2023 City Council Meeting Agenda-Final-revised November 28,2023 G. 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. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. J. CONSENT AGENDA: (ITEMS 3 - 24) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 23-1915 Approval of the November 14, 2023 Regular Meeting Minutes 4. 23-1914 Approval of the November 17, 2023 Special Meeting Minutes Consent-Second Reading Ordinances 5. 23-1762 Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of$15,000.00 to fund overtime and fringe benefits for Corpus Christi Police Department sworn officers for the Red Cord Initiative Diversion Program; and appropriating $15,000.00 in the Police Grants Fund. sponsors: Police Department 6. 23-1618 Ordinance authorizing acceptance of grant funds in an amount of $116,500.00 from the Office of the Governor Homeland Security Grants City of Corpus Christi Page 2 Printed on 11/27/2023 City Council Meeting Agenda-Final-revised November 28,2023 Division for the Corpus Christi Police Department to provide funding for overtime and retirement funds for four sworn officers eligible under the FY 2024 Local Border Security Program Grant; and appropriating funds in the amount of$116,500.00. sponsors: Police Department 7. 23-1628 Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of$227,389.00 for the FY 2023 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $227,389.00 in the Police Grants Fund with $113,694.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $113,695.00 to be used by the City. sponsors: Police Department 8. 23-1539 Ordinance authorizing an Amended Interlocal Cooperation Agreement with Del Mar College District for a 50-year renewable lease for the City's new Police Substation along Yorktown Boulevard in exchange for the lease of a 1.2-acre City tract located at the corner of Rodd Field Road and Yorktown Boulevard. (28-day delay required between readings) sponsors: Engineering Services and Police Department 9. 23-1764 Ordinance authorizing the acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor-Homeland Security Grant Division for the State Homeland Security Program for 57 replacement sets of body armor and a replacement burn trailer for the Corpus Christi Police Department's Special Weapons and Tactics and Hostage Negotiation Teams for$181,346.31; and appropriating $181,346.31 in the FY 2024 Fire Grants Fund. sponsors: Fire Department 10. 23-1768 Ordinance authorizing a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of $678,000.00; appropriating $678,000.00 from the unreserved fund balance in the Airport Operating Fund; and amending the FY 2024 Operating Budget. sponsors: Aviation Department and Engineering Services 11. 23-1754 Ordinance appropriating $105,208.00 into the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Texas Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024; and authorizing one grant position. The total of the Revised Contract, which began on March 1, 2022, shall not exceed $388,000.00. sponsors: Health Department 12. 23-1725 Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement City of Corpus Christi Page 3 Printed on 11/27/2023 City Council Meeting Agenda-Final-revised November 28,2023 Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of$219,096.24 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $109,742.04 to reimburse the developer in accordance with the agreement.(District 5). sponsors: Development Services 13. 23-1727 Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed amount of$374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $190,212.64 to reimburse the developer in accordance with the agreement. (District 5). sponsors: Development Services 14. 23-1722 Zoning Case No. 0823-02, Thanksgiving Homes, (District 1). Ordinance rezoning a property at or near 650 Osage Street from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development Overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) sponsors: Development Services 15. 23-1723 Zoning Case No. 1023-01, MPM Development LP (District 1). Ordinance rezoning a property at or near 1621 Rand Morgan Road from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 16. 23-1577 Ordinance accepting a grant in the amount of$346,991 from the Coastal Bend Bays & Estuaries Program Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge; appropriating funds in the amount of $346,991 Grants Fund; and amending the operating budget sponsors: Parks and Recreation Department Consent- Contracts and Procurement 17. 23-1833 Resolution authorizing a five-year rental agreement for the lease of a City of Corpus Christi Page 4 Printed on 11/27/2023 City Council Meeting Agenda-Final-revised November 28,2023 Konica Minolta copier for the Print Shop from UBEO, LLC, of Pharr, Texas, with an office in Corpus Christi, for a total amount not to exceed $89,820.00, with FY 2024 funding of$14,970.00 from the Contracts and Procurement Fund. sponsors: Finance &Procurement 18. 23-1718 Motion authorizing execution of a one-year supply agreement, with two one-year options, with F&D Supply, LLC, of Laughlin, Nevada, to purchase non-shear flexible couplings for Corpus Christi Water in an amount not to exceed $76,780.93, with a potential amount up to $230,342.79 if the options are exercised, with FY 2024 funding of$76,780.93 from the Wastewater Fund. sponsors: Corpus Christi Water and Finance &Procurement 19. 23-1797 Motion authorizing execution of the Third Amendment extending the Recycling Services Agreement with BFI Waste Services of Texas, L.P, doing business as Republic Services of Corpus Christi, for a three-year term beginning February 1, 2024, through January 31, 2027, with two one-year options, and increasing the processing fee 5% from the current $126 per ton to the new $132.30 per ton, with such percentage increase to continue annually. sponsors: Solid Waste Operations and Contracts and Procurement Consent- Capital Projects 20. 23-0634 Resolution awarding a construction contract to A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas, for Reconstruction of Comanche Street from Alameda Street to Carancahua Street with new asphalt pavement, curb and gutters, sidewalks, installation of ADA compliant curb ramps, signage, pavement markings, street lighting, and utility improvements in the amount of$4,100,818.14, located in Council District 1 with FY 2024 funding available from the Bond 2020, Storm Water, Wastewater, Water, and Gas Capital Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement General Consent Items 21. 23-1763 Resolution authorizing a one-year Interlocal Agreement, with two one-year extension options, with Texas A&M University-Corpus Christi for air and water monitoring services, for an amount up to $217,545 for one year and a total amount up to $588,454.00 if both one-year options are exercised, with funding from Water and Storm Water Funds sponsors: Corpus Christi Water Consent-First Reading Ordinances City of Corpus Christi Page 5 Printed on 11/27/2023 City Council Meeting Agenda-Final-revised November 28,2023 22. 23-1805 Ordinance authorizing acceptance of a grant in the amount of$59,609.00 from the State of Texas Criminal Justice Division for Violence Against Women Program with a cash match of$20,810.80 and in-kind match of $6,960.00 for salary and benefits for one civilian position and equipment, supplies, training, and travel; appropriating $80,419.80 into the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. sponsors: Police Department 23. 23-1776 Ordinance authorizing the acceptance of a grant from the State of Texas, Criminal Justice Division for the Body-Worn Camera Grant Program FY 2024, in the amount of$153,027.00 for the purchase of 100 additional body-worn cameras and related equipment for the Corpus Christi Police Department; and appropriating $153,027.00 in the Police Grants Fund with a cash match of$51,009.00 from the Law Enforcement Trust Fund. sponsors: Police Department 24. 23-1868 Ordinance authorizing the acceptance of a grant totaling $44,696.90 from the Port of Corpus Christi Authority for the Port of Corpus Christi Community Grant for incident command training for 40 emergency personnel and training equipment for the Corpus Christi Fire Department; and appropriating $44,696.90 in the FY 2024 Fire Grants Fund. sponsors: Fire Department K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: (NONE) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 25 - 27) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 23-1799 Ordinance authorizing a construction contract to J.E. Construction Services, LLC for Base Bid I in the amount of$5,135,727.00, to Mako Contracting for Base Bid J in the amount of$5,215,843.00, and to Grace Paving and Construction, Inc. for Base Bid K in the amount of $4,564,072.10, all from Corpus Christi, Texas, for the FY 2023 Residential Street Rebuild Program located Citywide, with FY2024 funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds; appropriating $8,718,007.34 from the unreserved fund balance; and amending the FY 2024 Operating and Capital Budget. Sponsors: Engineering Services, Public Works/Street Department and Contracts and City of Corpus Christi Page 6 Printed on 11/27/2023 City Council Meeting Agenda-Final-revised November 28,2023 Procurement 26. 23-1861 Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for a Highway Safety Improvements Program project intended to promote safety for motorists, bicyclists and pedestrians through intersection improvements that include new traffic signals, interconnect, and flashing yellow arrows at the Airlie Road and McArdle Road intersection, in which TxDOT is contributing $329,540.19, with the City's local participation in the amount of$87,364.60 for a total estimated project cost of$416,904.79, for reimbursement of direct costs with FY 2024 funding available from Street Fund. sponsors: Engineering Services and Public Works/Street Department 27. 23-1887 Resolution authorizing execution of interlocal cooperation agreements with local public education districts to establish real property development procedures, fees, responsibilities, and related matters applicable to the districts. sponsors: Development Services N. BRIEFINGS: (ITEM 28) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 28. 23-1782 Briefing from the Texas Department of Transportation and Flatiron Dragados on the Harbor Bridge Replacement Project. sponsors: Public Works/Street Department O. EXECUTIVE SESSION: (ITEM 29) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 29. 23-1849 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential value and/or acquisition of properties at, adjacent, and/or near 4909 Kostoryz Road & City of Corpus Christi Page 7 Printed on 11/27/2023 City Council Meeting Agenda-Final-revised November 28,2023 3115 McArdle Road in Corpus Christi for the placement of Fire Station 8 and Greenwood/Horne for the use of park land for the placement of the new Fire station 10 facility; and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned areas of real property and other potential public safety facility locations because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. P. ADJOURNMENT City of Corpus Christi Paye 8 Printed on 11/27/2023 �ypus cN nrtaA%:m _ k ACCELERATORS �I c"" r CONTRACTING u � SUMMIT A- FRIDAY, DEC. 1ST 414 Ag� �� e w w.. EVENT GOALS l ;l • ENGAGE LOCAL STAKEHOLDERS • SUPPORT ECONOMIC DEVELOPMENT 477llmle C C[e we C 17 n �; gill !1711 IIO, • ENCOURAGE INCREASE IN DEVELOPERS _ ;11111HI E-F{k "a All • SPOTLIGHT CITY DEPARTMENTS �7 � r r, I bra ■ =, EVENT DETAILS APE>;� -� FRIDAY, DECEMBER 1 4l _ 10:OOA.M. - 3:OOP.M . AMERICAN BANK CENTER ARENA WATERGARDEN ROOM 4 s S b s, • THURSDAY, 11/30 FROM 8:00 A.M. - 5:00 P.M. • TABLECLOTHS AND SIGNS PROVIDED p i u • 2 CHAIRS PER DEPARTMENT , _ ' • 3 MEAL TICKETS PROVIDED • SNACKS AND REFRESHMENTS PROVIDED ' TO ATTENDEES 5 VENUE LAYOUT immull" u u l "Mon ""... II ll 11 II® 11EE Ll E � iu � �i � iii iu, � � a .� ����� • • 1 1 � �II U i1 o • N1 SPEAKING SERIES SCHEDULE Times Exhibitor Topic Speaker 10:00am-10:15am City of CC Welcome&Introduction Josh Chronley&Robert M irabal 10:30am-10:45am APEXAccelerator RobertMirabal 11:00am-11:15am CCREDC 11:30am-11:45am Defense Contract Auditing Agency (DCAA) 12:00pm-12:15pm Lunch sponsor 12:30pm-12:45pm 1:00pm-1:15pm 1:30pm-1:45pm Executive Leadership/Council Comments Economic Development or How to do 2:OOpm-2:15pm City of CC Business with the City Josh Chronley 2:30pm-2:45pm Networking&Closing Remarks CONTRACTING SUMMIT FRIDAY,DEC."IST � %�� s le� e 4oPPus cyq�� £ti 4 � ., Y_ J hACCELERATORS a 52 } Code Compliance Division Update Development Services Department Council Briefing November 28, 2023 Transition The City of Corpus Christi is committed to creating a more efficient, effective, and i functional Code Compliance operation by realigning this group with the Development Services Department (DSD). � I �r< z Current Staffing Level Budgeted Staff Actual Staff (Current Vacancy Rate 29%) s r ' The Code Compliance Division consists of 32 Officers; 6 Administrative Staff;2 Code Compliance Supervisors; 1 Program Manager; and 1 Assistant Director. Of the 42 staff members eleven (11)were District District District Districts District funded through CDBG. Senior Officer Senior Officer Senior Officer Senior Officer Senior Officer Compliance Officer If Compliance Officer 11 Compliance Officer 11 Compliance Officer I Compliance Officer The FY 23/24 Budget moved five (5) staff members compliance officer 11 compliance officer l compliance officer compliance officer l from CDBG to the General Fund. CDBG funded Compliance officer l Compliance Officer l Compliance Officer l Compliance officerI positions are limited to certain areas only.The FY Co"pliance Officer l Compliance Officer l Compliance Officer) 24/25 Budget will request removing the remaining CDBG funded positions into the General Fund. .� Reorganization R�assified Staff: , • Investigation Officers (Entry Level) i Code Compliance Officer I • Code Compliance Officer 11 Sr. Code Compliance Officer R Code Compliance Supervisors Each realignment/placement came DISS3 -."ors z � with a grade and salary adjustment. Divided the group into five (5) teams, one for ....2 .. each Council District. • Each district team is led by a "o,� 5 Senior Code Compliance Officer. .•.a- -- • With the current staffing levels, each officer is expected to cover an average area of seven(7) sq. miles--...-. Staff Training, Growth and Development Code Compliance Training o Code Compliance has a detailed and rigorous new hire training. o Staff training occurs on the 1st& 3,d Wednesdays of each month. o DSD provides time each week,along with study materials,to allow team members to study and prepare for their base requirements. A? 9LR ➢ Since June 11t, 11 Team Members have obtained their State Code Officer I&II 7 Certification(Base Certification Requirement and/or an ICC Certification. TEXAS DEPARTMENT OF LICENSING®ULATION Establish IDIQ Contracts (MSA) o DSD has worked with Procurement to evaluate the current service contracts and have increased the rate of pay for this service and lowered the insurance requirements to .� increase the number of contractors providing these services to the city. o The Code Compliance contracts consist of the following: • Mowing �Nj f�NK ll p • Property Clean-up C • Fencing/Securing/Boarding-up Property ACOUNCIL • Demolition ryl�MBER • Emergency Demolition 5 ._ Staff Training, Growth and Development (contd) Next Steps.... o The Code Compliance Division consists of 32 Officers and the City of Corpus Christi contains approximately 155 sq.mi.,which means each Officer is responsible for covering approximately 5 sq.mi. This is an unreasonable expectation for one(1)Officer to manage effectively. o The Code Compliance Division is grossly understaffed. o To have an effective,interactive,engaged Code Compliance Program,each team member should cover approximately 3 sq.mi. or less. o The smaller areas enable the Officers to stay connected and provide better customer service. o For the Code Compliance Division to get to 3 sq.mi.per Officer,the department would need an additional 20 Officers (FY 24/25 Budget Request): • San Antonio 465sq mi 147 Officers 3.16 sq mi/Officer • Dallas 341 sq mi 300 Officers 1.14 sq mi/Officer • Arlington 100sq mi. 34 Officers 2.9 sq.mi/Officer • Austin 272 sq.mi 80 Officers 3.4 sq.mi/Officer o To be more flexible and responsive,DSD recommends creating two(2)fully staffed and equipped mowing teams(6 FTE's) (FY 24/25 Budget Request). o To be more flexible and responsive,DSD recommends creating a Code Compliance Community Tool Shed stocked with tools,lawn equipment,etc. (FY 24/25 Budget Request). 6 Improvements & Adjustments Code Compliance "New Appearance" o Compliance Officer uniforms will be upgraded with Cintas Uniform Service to display a more professional appearance by the first quarter of 2024. � � o All Code Enforcement vehicle decals will be replaced with the Development Services ---_ Logo. Code Compliance Monthly Report Ipm o DSD publishes a Report on the previous month's Code Compliance Division's activities. ➢ This report is distributed to all City Council members and posted on the DSD website. Adoption of the 2021 International Property Maintenance Code a o Vet and review the 2021 IPMC with BSB and the community. o Present to City Council by the end of the calendar year. Build a Code Compliance Module in INFOR(New Code Compliance Software) o Transition from GovQA to INFOR& Launch Summer of 2024. :1 7 Improvements & Adjustments (cont d) 0 Implementation of Electronic Citations (Brazos/Tyler Technologies) o Creates efficiencies for Code Compliance and Municipal Court o Software integration automates transmission of citations to Municipal Court o Eliminates data entry of handwritten citations to reduce risk of errors ° Operational Adjustments o On November 4, 2023, the Code Compliance Division began working the first , Saturday of each month. ➢ Primary focus will be the major arterials, collectors, and the local ■•■ residential streets. s o m e .• o The Code Compliance Division will be working during the winter closure. s o n Questions ? City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, November 14,2023 11:30 Aftrpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm.210) Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:31 a.m. B. Invocation to be given by Chaplain, Antwine Charles, CCPD. Chaplain, Antwine Charles, Corpus Christi Police Department, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Josh Garcia, Senior at W.B. Ray High School. Josh Garcia, 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. SECURITY BRIEFING Assistant City Secretary Stephanie Box provided a security briefing. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1-4) 1. 23-1865 Proposition A Update City Manager Peter Zanoni provided an update on Proposition A. The City will continue working with committees, Buccaneer Commission, Visit Corpus Christi, and United Corpus Christi Chamber of Commerce. The City Secretary and City Manager will advise City of Corpus Christi Page 1 Printed on 1112012023 City Council Meeting Minutes November 14,2023 City Council of next steps. A special council meeting to canvass the official election results will be held on Friday, November 17 at 9:00 a.m. The 1/8 cent sales tax for the arena expires September 1, 2025 and the 1/8 cent sales tax for the seawall expires on March 1, 2026. Council Members and City Manager Zanoni discussed the following topics: a Council Member's desire for the City to discontinue the relationship with the Hunden Group; and a request for a workshop to discuss Proposition A projects. 2. 23-1816 South Texas Military Advocacy Trip to D.C. Recap, presented by Ryan Skrobarczyk, Director of Intergovernmental Relations Director of Intergovernmental Relations Ryan Skrobarczyk presented an overview of South Texas Military Task Force (STMTF) Washington D.C. Military Advocacy Trip as follows: attendees and advocates; meetings conducted; STMTF priorities; and task force follow-up. Council Members, Director Skrobarczyk, and Executive Director of STMTF Kresten Cook discussed the following topics: the average salary of employees on base is over $100,000 per year with benefits; the air show at Naval Air Station Kingsville was not discussed during this trip; and area representatives met with U.S. Representative Henry Cuellar who is on the House Armed Services Committee. 3. 23-1818 Staff Announcement: Brett Van Hazel - Director of Asset Management Cecilia Orozco -Assistant Director of Communications City Manager Peter Zanoni announced Brett Van Hazel as the Director of Asset Management. Mr. Van Hazel will continue assisting with engineering services. City Manager Zanoni announced Cecilia Orozco as Assistant Director of Communications. Ms. Orozco has over eight years of communication experience and will oversee the 311 Call Center and the Marketing Division. 4. 23-1834 American Planning Association (APA) State Planning Conference Recap, presented by Daniel McGinn, Director of Planning & Community Development Director of Planning & Community Development Daniel McGinn presented information on the American Planning Association (APA): keynote welcome speaker-Council Member Everett Roy; historic preservation plan gold planning achievement award; planning excellence award; local APATX chapter leadership; Padre Island mobile workshop; downtown/historic preservation mobile workshop; and planning and development services staff with Council Member Campos and Planning Commissioner Hedrick. G. PUBLIC COMMENT Mayor Guajardo opened public comment. City of Corpus Christi Page 2 Printed on 1112012023 City Council Meeting Minutes November 14,2023 Kresten Cook, 4718 Mars Hill Dr., spoke in support of South Texas Military Task Force. The following citizens expressed concern about adult books made available in the young adult section of public libraries: Shawn Flanagan, 4218 Herndon St. and Victoria Holland, 235 Ohio Ave. John Weber, 609 Naples St., stated concern about the storm water fees program. The following citizens spoke against Industrial District Agreements discussed in closed session, Isabel Araiza, 326 Poenisch Dr., Rachel Caballero, 522 Hancock Ave., and Eduardo Canales, 7021 Bevington Dr. Robin Sandbach, 4406 Coventry Lane, spoke about books at the library. Susie Saldana, 4710 Hakel Dr., spoke about the importance of involving the community regarding Proposition A. Julie Rogers, 710 Furman Ave., spoke about available services at public libraries and the annual report from the Library Board. Roseanne Norman, 4629 Monette Dr., expressed concern about adult books made available in the young adult section of public libraries, and asked to be considered for an appointment to the Library Board. Ginny Cross, 602 N. Staples St., spoke in support of Industrial District Agreements. The following citizens submitted a written public comment which are attached to the minutes: John Weber, 609 Naples St. and Mariah Boone, 710 Ponder St. H. BOARD &COMMITTEE APPOINTMENTS: 5. 23-1817 Airport Board (1 vacancy) Island Strategic Action Committee (2 vacancies) Landmark Commission (5 vacancies) Library Board (5 vacancies) Reinvestment Zone No. 2 (Island) Board (8 vacancies) Reinvestment Zone No. 4 (North Beach) Board (5 vacancies) Mayor Guajardo referred to Item 5. Airport Board: Appointed: Travis Patterson Island Strategic Action Committee: Appointed: Stephen Armstrong (At-Large Residential Property Owner) and Cheryl D. Segrest (At-Large Residential Property Owner) City of Corpus Christi Page 3 Printed on 1112012023 City Council Meeting Minutes November 14,2023 Landmark Commission: Reappointed: Gordon E. Landreth (At-Large Architect), Cheryl M. McLaughlin (At-Large Historian), Armando Mendez (At-Large), and Veronica D. Wilson (At-Large) Appointed: Melissa Espinoza (At-Large) Library Board: Appointed: Joan Carrillo, Patricia Craig, Melinda De Los Santos, Carrie Moore, and Dolores G. Rabon Reinvestment Zone No. 2 (Island) Board: Reappointed: Brent Chesney (Nueces County), Paulette Guajardo (City), Mike Pusley (City), Michael T. Hunter (City), Roland Barrera (City), Gil Hernandez (City), Jim Klein (City), Everett Roy (City), and Daniel R. Suckley (City-Chairman) Reinvestment Zone No. 4 (North Beach) Board: Reappointed: Steve Banta (USS Lexington Representative), Jesse Gilbert (Texas State Aquarium Representative), Paulette Guajardo (City), Mike Pusley (City), and Everett Roy (City-Chairman) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 6-15) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Item 9 was pulled for individual consideration. Council Member Roy moved to approve the consent agenda with the exception of Item 9, seconded by Council Member Barrera. The motion carried by 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 6. 23-1836 Approval of the October 31, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 7. 23-1714 Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans, which includes language regarding revitalization and City of Corpus Christi Page 4 Printed on 1112012023 City Council Meeting Minutes November 14,2023 cleaning of the Zone and the creation of a new Rooftop Activation incentive program; appropriating $1,944,727.00 from the TIRZ #3 fund balance for additional program expenses recommended by the Downtown Management District; and amending the operating budget, all as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on September 19, 2023 This Ordinance was passed on second reading on the consent agenda. Enactment No: 033208 8. 23-1664 Ordinance authorizing an agreement between the Corpus Christi B Corporation and Corpus Christi PATCH, Inc., for the securing and stabilizing of The Ritz Theatre effective upon signature of the Type B President; appropriating funds in the amount of$230,000.00 from the Type B Economic Development Fund; and amending the budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033209 Consent- Contracts and Procurement 9. 23-1716 Motion authorizing execution of two, one-year supply agreements, with two one-year options, with Arnold Oil Company, of Corpus Christi, for$300,000.00 and with Advance Stores Company, Incorporated, dba Advance Auto Parts, of Raleigh, North Carolina, for$200,000.00 in a combined amount not to exceed $500,000.00, and a potential amount of$1,500,000.00 if options are exercised, for original equipment manufacturer (OEM) Ford or equivalent parts for Asset Management - Fleet, with FY 2024 funding of$417,000.00 from the Fleet Maintenance Service Fund. Mayor Guajardo referred to Item 9. A Council Member commended the procurement department for their efforts in reviewing several bids. Council Member Pusley moved to approve the motion, seconded by Council Member Hernandez. 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: M2023-164 10. 23-1649 Resolution authorizing execution of one-year service agreement with two one-year options, with Crosstown Partners Inc., dba Sames Ford, of Corpus Christi, for an amount not to exceed $328,200.00, and a potential amount of City of Corpus Christi Page 5 Printed on 1112012023 City Council Meeting Minutes November 14,2023 $984,600.00 if options are exercised, for offsite repairs for Ford vehicles for Asset Management-Fleet, with FY 2024 funding of$300,850.00 from the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: 033210 Consent- Capital Projects 11. 23-1798 Motion authorizing the approval of Change Order No. 1 with Callan Marine, LTD, Galveston, Texas, for the Packery Channel Dredging and Beach Nourishment Project, in an amount of$400,00.00 for a total amount not to exceed $3,931,549.00, with FY 2024 funding available from Tax Increment Reinvestment Zone No.2 Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2023-165 General Consent Items 12. 23-1819 Motion approving the Council Meeting Calendar for Calendar Year 2024 This Motion was passed on the consent agenda. Enactment No: M2023-166 Consent-First Reading Ordinances 13. 23-1762 Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of$15,000.00 to fund overtime and fringe benefits for Corpus Christi Police Department sworn officers for the Red Cord Initiative Diversion Program; and appropriating $15,000.00 in the Police Grants Fund. This Ordinance was passed on first reading on the consent agenda. 14. 23-1764 Ordinance authorizing the acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor-Homeland Security Grant Division for the State Homeland Security Program for 57 replacement sets of body armor and a replacement burn trailer for the Corpus Christi Police Department's Special Weapons and Tactics and Hostage Negotiation Teams for $181,346.31; and appropriating $181,346.31 in the FY 2024 Fire Grants Fund. This Ordinance was passed on first reading on the consent agenda. 15. 23-1754 Ordinance appropriating $105,208.00 into the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Texas Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024; and authorizing one grant position. City of Corpus Christi Page 6 Printed on 1112012023 City Council Meeting Minutes November 14,2023 The total of the Revised Contract, which began on March 1, 2022, shall not exceed $388,000.00. This Ordinance was passed on first reading on the consent agenda. K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:31 p.m. Executive Session Items 27 and 29 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:55 p.m. L. PUBLIC HEARINGS: (ITEMS 16-21) 16. 23-1725 Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of $219,096.24 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $109,742.04 to reimburse the developer in accordance with the agreement.(District 5). Mayor Guajardo referred to Item 16. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Pusley 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 17. 23-1727 Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed amount of $374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8; and authorizing future transfer and appropriation of Water and Wastewater City of Corpus Christi Page 7 Printed on 1112012023 City Council Meeting Minutes November 14,2023 Trust Fund revenue up to $190,212.64 to reimburse the developer in accordance with the agreement. (District 5). Mayor Guajardo referred to Item 17. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Pusley moved to approve the ordinance, seconded by Council Member Hernandez. This Ordinance 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 18. 23-1722 Zoning Case No. 0823-02, Thanksgiving Homes, (District 1). Ordinance rezoning a property at or near 650 Osage Street from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development Overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) Mayor Guajardo referred to Item 18. Mayor Guajardo opened the public hearing. There were no comments from public. Mayor Guajardo closed the public hearing. A Council Member and Director of Development Services Al Raymond discussed the following topic: the depth of the driveway will be approximately 25 feet. Council Member Roy moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 1 - Council Member Suckley 19. 23-1723 Zoning Case No. 1023-01, MPM Development LP (District 1). Ordinance rezoning a property at or near 1621 Rand Morgan Road from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District; Providing for a City of Corpus Christi Page 8 Printed on 1112012023 City Council Meeting Minutes November 14,2023 penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 19. Council Members, City Manager Peter Zanoni, and Director of Development Services Al Raymond discussed the following topics: a Council Member's request for the City to work with TxDOT to address traffic concerns on Rand Morgan Road; and to ensure that residential subdivision setbacks are at least 22 feet. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Roy moved to approve the ordinance, seconded by Council Member Hunter. 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 20. 23-1413 First public hearing to discuss the annexation of County Road (CR) 22 between CR 51 and CR 43, being approximately 19.41 acres. Mayor Guajardo referred to Item 20. Director of Planning & Community Development Dan McGinn presented information on the following topics: subject property; 4 mile portion of County Road 22 ROW; proposed annexation schedule; background; and adjacent parcels with pending petitions. Council Members, City Manager Peter Zanoni, Director McGinn, Director of Development Services Al Raymond, and Director of Public Works and Streets Ernest De La Garza discussed the following topics: a concern that retention ponds are not being adequately maintained by Homeowners Associations; and a request for a cost analysis of annexing new territories. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. 21. 23-1415 Second public hearing to discuss the annexation of County Road (CR) 22 between CR 51 and CR 43, being approximately 19.41 acres. City of Corpus Christi Page 9 Printed on 1112012023 City Council Meeting Minutes November 14,2023 Mayor Guajardo referred to Item 21. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 22-261 22. 23-1815 Motion to authorize renewal of an agreement with the United Corpus Christi Chamber of Commerce to support the operations and activities of the South Texas Military Task Force during Fiscal Year 2024 in the amount of$75,000. Mayor Guajardo referred to Item 22. There were no comments from the Council. Council Member Barrera moved to approve the motion, seconded by Mayor Guajardo. 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: M2023-167 23. 23-1620 Motion authorizing the execution of a two-year service agreement with Metepio, Inc., of Chicago, Illinois, for an amount not to exceed $87,900.00, for a community health assessment of the Corpus Christi Nueces County Health District, with FY2024 funding in the amount of$87,900.00 from the HthDist1115 Waiver Fund. Mayor Guajardo referred to Item 23. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the motion, seconded by Council Member Suckley. 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 City of Corpus Christi Page 10 Printed on 1112012023 City Council Meeting Minutes November 14,2023 Abstained: 0 Enactment No: M2023-168 24. 23-1577 Ordinance accepting a grant in the amount of$346,991 from the Coastal Bend Bays & Estuaries Program Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge; appropriating funds in the amount of$346,991 Grants Fund; and amending the operating budget Mayor Guajardo referred to Item 24. Council Members, City Manager Peter Zanoni, and Director of Parks and Recreation Robert Dodd discussed the following topics: improvements will include an erosion plan, along with an 8-foot wide trail; and a Council Member's request that a tower be installed at the Wildlife Refuge for birdwatchers. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hunter 25. 23-1768 Ordinance authorizing a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of$678,000.00; appropriating $678,000.00 from the unreserved fund balance in the Airport Operating Fund; and amending the FY 2024 Operating Budget. Mayor Guajardo referred to Item 25. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 11 Printed on 1112012023 City Council Meeting Minutes November 14,2023 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 26. 23-1690 Motion authorizing the purchase of two water cooled chillers from Trane Technologies of San Antonio, Texas for the American Bank Center Arena through the OMNIA Partners Cooperative for Engineering Services for a total not to exceed amount of$3,054,150.00, with FY 2024 funding available through the Arena Type A Capital Fund. Mayor Guajardo referred to Item 26. Council Members, City Manager Peter Zanoni, Assistant City Manager Heather Hurlbert, Assistant City Manager Neiman Young, and Assistant Director of Contracts and Procurements Josh Chronley discussed the following topics: this item does not include the installation or the design work for the two water chillers; whether warranty and maintenance will be included in the purchase of these chillers; the City retained a firm that specializes in chillers; and a Council Member's request to ensure that this work is done under an energy efficient plan. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: M2023-169 N. BRIEFINGS: (NONE) O. EXECUTIVE SESSION: (ITEMS 27- 29) Mayor Guajardo referred to Executive Session Items 27 and 29. The Council went into Executive Session at 1:31 p.m. The Council returned from Executive Session at 2:55 p.m. Mayor Guajardo referred to Executive Session Item 28. The Council went into Executive City of Corpus Christi Page 12 Printed on 1112012023 City Council Meeting Minutes November 14,2023 Session at 3:51 p.m. The Council returned from Executive Session at 4:57 p.m. 27. 23-1710 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 case of Annette Rodriguez v. City of Corpus Christi, et. al, including potential consideration of fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. The following motion was considered: Motion to authorize the execution of amendments, agreements and encumbrance of funds for legal and other professional consulting and expert witness services and associated court reporter, copy, travel, data, and other costs for the lawsuit of Annette Rodriguez v. City of Corpus Christi, et al in a total added amount of up to $68,740 with the law firm of Royston, Rayzor, Vickery & Williams, LLP and other providers of services relevant to said lawsuit. 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: M2023-170 28. 23-1796 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning industries, infrastructure, and property in the City's extraterritorial jurisdiction, services thereto, industrial district agreements, and Chapters 42, 43 and 212 of the Texas Local Government Code and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations. This E-Session Item was discussed in executive session. 29. 23-1813 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 Texas Tax Code Chapter 311, Texas Local Government Code § 380.001, et. See. Texas Local Gov't. § 381.001, et. Seq, other statutory provisions related to economic development, tax increment financing, and developer incentives, and a proposed Tax Increment Reinvestment Zone and associated potential development incentives for the Barisi Village Development and Texas Government Code § 551.087 to City of Corpus Christi Page 13 Printed on 1112012023 City Council Meeting Minutes November 14,2023 discuss and deliberate regarding commercial or financial information that the City has received from business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City is conducting economic development negotiations and to deliberate offers of financial and/or other incentives to said business prospect(s) The following motion was considered: Motion directing staff to prepare a preliminary project and financing plan and ordinance for the creation of Tax Increment Reinvestment Zone No. 6 for the Barisi Village Development. Council Member Suckley moved to approve the motion, seconded by Mayor Guajardo. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2023-171 P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 4:57 p.m. City of Corpus Christi Page 14 Printed on 1112012023 From: Sarah Brunkenhoefer To: Stephanie Box Subject: FW: [EXTERNAL]Public Input: 11-14-2023-John Weber Date: Monday,November 13,2023 3:38:37 PM From: CitySecretary<CitySecretary@cctexas.com> Sent: Monday, November 13, 2023 3:30 PM To: Sarah Brunkenhoefer<sarahb@cctexas.com> Subject: FW: [EXTERNAL]Public Input: 11-14-2023 -John Weber From:Jotform<noreplyna iotform.com> Sent: Monday, November 13, 2023 3:29 PM To: CitySecretary<CitySecretar) lPcctexas.com>; Norma Duran <NormaD2Pcctexas.com> Subject: [EXTERNAL]Public Input: 11-14-2023 -John Weber [ [ 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. ] ] U Public Comment& Input Form Date of 11-14-2023 Meeting Name John Weber Address Street Address: 609 Naples St City: Corpus Christi State/Province: TX Postal/Zip Code: 78404 Topic Stormwater fee Agenda Item Public comment Number Describe The below links are available to read the stormwater fee study. Feedback: https://storymaps.arcgis.com/stories/ea6c58a2cbf24c2O9dO626f08a29160e https://experience.arcgis.com/experience/07f98a4be33844668470fdad5lfdf869 Provide an email to receive a copy of is weberna hotmail.com your submission. From: CitvSecretary To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 11-14-2023-Mariah Boone Date: Tuesday, November 14, 2023 10:05:09 AM From:Jotform<noreply@jotform.com> Sent: Tuesday, November 14, 2023 10:04 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 11-14-2023 - Mariah Boone [ [ 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. ] ] U Public Comment& Input Form Date of Meeting 11-14-2023 Name Mariah Boone Address Street Address: 710 Ponder Street City: Corpus Christi State/Province: TX Postal/Zip Code: 78404 Topic Industrial District Agreements Agenda Item Number General comment Describe Feedback: Mayor and Council- The citizens of Corpus Christi have made it clear again and again that we do not want any more industrial district agreements. We want industry to pay their taxes so that our city has a decent tax base for community services. Please do not approve any industrial district agreements. Additionally,these conversations should occur publicly, not in executive session. Citizens value transparency. Thank you. Sincerely, Mariah Boone Provide an email to receive mariahannboone@gmail.com a copy of your submission. Cit of us Christi 1201 Leopard Street Y Corpus' Corpus Christi,TX 78401 cctexas.com Meeting Minutes Special City Council Meeting Friday, November 17,2023 9:00 AM 6th Floor Conference Room A. Mayor Pro Tem Dan Suckley to call the meeting to order. Mayor Pro Tem Suckley called the meeting to order at 9:04 a.m. B. City Secretary Rebecca 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 5- Council Member Gil Hernandez, Council Member Michael Hunter, Council Member Dan Suckley, Council Member Jim Klein, and Council Member Sylvia Campos Absent 4- Council Member Roland Barrera, Council Member Everett Roy, Mayor Paulette Guajardo, and Council Member Mike Pusley C. Public Testimony Mayor Pro Tem Suckley called for public testimony. There were no comments from the public. D. Action Item 1. 23-1873 One-Reading Ordinance canvassing the returns and declaring the results of a Special Election on November 7, 2023, for the purpose of reauthorizing a sales and use tax as outlined in the proposition below; and other matters in connection therewith. Mayor Pro Tem Suckley referred to Item 1. City Secretary Huerta stated that the City Secretary's Office received the final canvassing report from the Nueces County Clerk's Office on Tuesday. An updated ordinance has been provided to you. There were no comments from the Council. Council Member Hernandez moved to approve the ordinance as presented, seconded City of Corpus Christi Page 1 Printed on 1112012023 Special City Council Meeting Meeting Minutes November 17,2023 by Council Member Campos. This Ordinance was passed on emergency and approved with the following vote: Aye: 5- Council Member Hernandez, Council Member Hunter, Council Member Suckley, Council Member Klein, and Council Member Campos Absent: 4- Council Member Barrera, Council Member Roy, Mayor Guajardo, and Council Member Pusley Abstained: 0 Enactment No: 033211 E. Adjournment* There being no further business, Mayor Pro Tem Suckley adjourned this meeting at 9:07 a.m. City of Corpus Christi Page 2 Printed on 1112012023 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting November 14, 2023 1852 Second Reading Ordinance for the City Council Meeting November 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance and Appropriation of Grant Funds for the Red Cord Initiative Diversion Program for the Corpus Christi Police Department CAPTION: Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $15,000.00 to fund overtime and fringe benefits for Corpus Christi Police Department sworn officers for the Red Cord Initiative Diversion Program; and appropriating $15,000.00 in the Police Grants Fund. SUMMARY: The Coastal Bend Wellness Foundation has received a grant from the State of Texas, Office of the Governor, Public Safety Office, Criminal Justice Division in the amount of$15,000.00 to fund overtime and fringe benefits for the Corpus Christi Police Department to work with the Red Cord Initiative Diversion Program. The City is considered a subgrantee of this grant. BACKGROUND AND FINDINGS: The Red Cord Initiative is a community-based, pretrial prostitution diversion program dedicated to providing practical, emotional, and social support for those involved in sex work. The program includes case management, law enforcement, prosecution, and behavioral health services (including substance abuse treatment) in Nueces County for eligible individuals. The Red Cord Initiative believes in a community-based, comprehensive, and holistic approach with the goals of reducing the harm an individual has caused to themself, as well as the harm that the individual is causing to the surrounding community. The Red Cord Initiative focus is to improve public safety and public order in the Corpus Christi and Nueces County neighborhoods and to reduce justice system involvement with people who successfully complete the program. For this grant, the Corpus Christi Police Department (CCPD) will work with the Coastal Bend Wellness Foundation to provide overtime enforcement to conduct law enforcement activities to prevent, control, or reduce prostitution crimes. The Coastal Bend Wellness Foundation is a community-based non-profit organization that provides many public services to the Corpus Christi community. Some of the services they provide include mental health, substance abuse, and infectious disease testing. The grant period is from November 1, 2023 to September 30, 2024. For this program, the CCPD will provide the following: • Assign personnel specifically trained and specialized in targeting investigations and prosecutions of prostitution crimes • Coordinate and schedule operations in high-risk areas to target individuals who be eligible for diversion program • Participate and support performance measures and evaluation plan to meet contractual obligations • Identify a point of contact to serve on the Red Cord Initiative Multi-Disciplinary Care Team and attend coordinating group planning meetings as appropriate For this program, CCPD will run two operations for a total grant amount of$15,000.00 for salaries and fringe benefits. This is the third time that the City has applied for this grant. The previous award was given in 2020 in the amount of$22,734.08. ALTERNATIVES: The alternative of not accepting the funds will cause the program not to be implemented. This will result in more prostitution crimes occurring without diversion and enforcement as well as a less likelihood that the grant will be awarded next year. FISCAL IMPACT: The fiscal impact for FY 2024 is accepting and appropriating an amount of $15,000.00 to the Police Grants Fund. Funding Detail: Fund: 1061 Organization/Activity: 821608S Department#: 29 Project # (CIP Only): N/A Account: $15,000.00 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award document COASTAL BEND WELLNESS FOUNDATION ll C::.11 0�, A%':A?E-4F55 ....vi7{;/,C:r Coastal Bend Wellness Foundation Fee for Service Agreement—Law Enforcement&Investigative Services Article I: Parties Involved This Fee for Service Agreement(hereto referred to as Agreement) is between Coastal Bend Wellness Foundation and Corpus Christi Police„Department for law enforcement and investigative services for Red Cord Initiative Diversion Program.The project period is from November 1, 2023 through September 30, 2024. Organization Name: Coastal Bend Wellness Foundation Contact Name: Alison Johnson, MS, CHES,CHW, LCDC Address: 2882 Holly Road City,State,Zip: Corpus Christi,TX 78415 Fax: 361-883-1993 Email Address: alisonj@cbweliness.org Organization Name: Corpus Christi Police Department Contact Name: ` Address: 321 John Sartain City,State,Zip: Corpus Christi,TX 78401 Fax: Email Address: Article II: Funding The total amount subcontracted to Corpus Christi Police Department for law enforcement and investigative services is 15 000.00. CCPD's work and performance will include the number of criminal cases resulting in arrest and the number of targeted investigations carried out by the unit/division. See Article III:Section I.The agreement is effective as of the last date of signature below("Effective Date"),by and between Corpus Christi Police Department and Coastal Bend Wellness Foundation. Article III:Scope of Service CCPD agrees to provide the following services as part of this agreement. The mission of the Corpus Christi Police Department(CCPD) is to work as an equal partner with the community to reduce crime, the fear of crime and enhance public safety. CCPD strives to utilize community involvement that links new, innovative crime fighting methods and technology to develop a Community Policing Organization where officers and the public operate together. The mission of the Narcotics/Vice Investigations Division is to investigate and eradicate narcotics and vice related crimes, including illegal drug distribution, prostitution, obscenity/ pornography violations, gambling, liquor law violations,S.O.B. (sexually oriented business)violations, 1 COASTAL BEND WELLNESS FOUNDATION ��711ignl N :.p:4C[::c5i .t)tinC\!:Y r underage drinking, and tobacco violations. These crimes tear at the fabric of our community, undermine the welfare of our children, and adversely affect the quality of life in Corpus Christi. For those reasons, the officers of the Narcotics/Vice Investigations Division are committed toward the successful prosecution of violators and the eradication of drugs through partnerships within the civilian and law enforcement community. Section I:Targeted Investigations The targeted criminal justice response goals are to increase public safety and reduce recidivism by responding to specific crimes or criminal elements. Corpus Christi Police Department(CCPD)will target investigations of crimes related to the commercial exploitation of people or individuals who may have experienced human trafficking or who are vulnerable or are at high risk for human trafficking.Street-Level and Web-Based anti-. prostitution stings will be conducted by the CCPD Narcotics and Vice Investigations Division (NViD) in designated catchment areas that results in increased victim identification of all forms of trafficking. Dedicated personnel will conduct more advanced investigative methods and criminal intelligence gathering and analysis. Article IV. ,Fraud, Waste,Abuse CBWF does not tolerate any type of fraud, waste, or misuse of funds received from private,state, or federal grants. CBWF's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls.Any violations of law, CBWF policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. CBWF understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies provided under an award, and civil and/or criminal penalties. Restrictions and certifications regarding non-disclosure agreements and related matters. No organization under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting(in accordance with law)of waste, fraud, or abuse to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. In accepting-this award, CBWF: a. Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to private, state, or federal grants, and will resume (or permit resumption of)such obligations only if expressly authorized to do so by that federal agency. 2 COASTAL BEND WELLNESS FOUNDATION '�`:�bgni:,h lw4PgV rfi$ . .,..;CAC., If CBWF does or is authorized to make subawards ("subgrants") or procurement contracts, or both: a. It represents that: L It has determined that no.other entity that the CBWF's application proposes may or will receive award funds (whether through a subaward("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and ii. It has made appropriate inquiry, or otherwise has an adequate factual basis,to support this representation; and b. It certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to funding source, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by funding source. Whistleblower Protections: Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees). CBWF and CCPD (and any subrecipient at any tier) must comply with, and is subject to,all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. CBWF and CCPD also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Article V:Compensation&Reimbursements CBWF will reimburse CCPD for all approved, referred, and rendered services in accordance with the approved scope of services. Invoices must be provided for all payments to be made by the 7th of each month for the previous month's services delivered.Continuation of contractual services and subsequent payments are based on availability of funding. Upon receipt of invoices CBWF will make payments within 30 days. CBWF will be obligated to reimburse CCPD for the expenditure of actual and allowable allocable costs incurred and paid by the CCPD pursuant to this Agreement. Each item of expenditure shall be specifically attributed to the eligible cost category as identified in Budget.The Budget is established as provided and is the approved budget for the planned expenditure of awarded contract, with expenditures identified by approved cost category,CBWF is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by CCPD prior to the commencement or after the termination of this Agreement. Upon execution of this Agreement by 3 COASTAL BEND WELLNESS FOUNDATION c,vfaI OLAr both parties, payments to CCPD for any services provided by CCPD to CBWF between November 1,2023 and the Effective Date shall be calculated pursuant to the terms of this Agreement and are herein ratified.All terms and conditions set out in this Agreement apply to such ratified payments. Article VI: liability for Taxes CCPD agrees and acknowledges that CCPD shall be entirely responsible for the liability and payment of Contractor's and Contractor's employees'taxes of whatever kind, arising out of the performances in this Agreement. CCPD agrees to comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers'compensation. Article VIl: Independent Contractor CCPD expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of grantee be considered an employee, agent, servant,joint venturer,joint enterpriser or partner of CBWF. CCPD is not a "governmental body" solely by virtue of this Agreement or receipt of grant funds under this Agreement. All persons furnished, used, retained, or hired by or on behalf of CCPD shall be considered to be solely the employees or agents of Contractor. CCPD 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. CBWF agrees to take such steps as may be necessary to ensure that each contractor of CBWF will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,joint enterpriser or partner of CWBF. Article VIII; Compliance with Civil Rights and Nondiscrimination Requirements CCPD will comply with all State and Federal statutes relating to civil rights and nondiscrimination and ensure, in accordance with federal civil rights laws, that the grantee shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. CBWF and any Contractor, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. CBWF and CCPD must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Article IX: Confidentiality of Data CBWF and any subrecipient at any tier must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information.The recipient further agrees, as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 4 COASTAL BEND WELLNESS FOUNDATION � E..10C AI10 i. R.!A ckA 55 A";Yf](.nr-! Article X:Contract Compliance ii Contracts for professional services will be monitored and evaluated on an ongoing basis by Coastal Bend Wellness Foundation (CBWF). CBWF will review documentation quarterly and assure all subcontractors comply with all applicable statues, rules, regulations, and guidelines governing the Red Cord Initiative Diversion Program. CBWF will monitor subcontractor's work and performance is completed in a timely and satisfactory manner;sufficient progress is accomplished in relation to the invoices submitted;costs included in the subcontractor's invoices are reasonable,allowable,and properly documented. Other monitoring methods, as authorized and appropriate relevant to assessment the subcontractor's ability to ensure performance goals are achieved. CBWF will hold subcontractors to acceptable standards of professional and ethical conduct.CBWF is responsible for enforcing its standards of conduct,taking appropriate action on any infractions,and in the case of financial conflict of interest, informing grant funders. Contract.monitoring documentation will be developed by CBWF specific and maintained onsite as proof that contract compliance and monitoring was conducted. Bill Hoelscher,CEO Authorized Signature--Corpus Christi Police Department Coastal Bend Wellness Foundation Effective Date Effective Date 5 Ordinance authorizing acceptance of $15,000 grant from the Coastal Bend Wellness Foundation to fund overtime and fringe benefits for the Red Cord Initiative Diversion Program; and appropriating funds in the amount of$15,000 to the Police Grants Fund. 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 funding in the amount of $15,000 from the Coastal Bend Wellness Foundation to provide overtime enforcement for law enforcement activities to support the Red Cord Initiative, a community-based pretrial prostitution diversion program. SECTION 2. The City of Corpus Christi designates the Chief of Police as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the funding on behalf of the applicant agency. SECTION 3. That $15,000 is appropriated in the No. 1061 Police Grants Fund. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary so �o o� A H AGENDA MEMORANDUM First Reading for the City Council Meeting of October 31, 2023 µoRPORPg4 1852 Second Reading for the City Council Meeting of November 28, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and appropriating funds from the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of grant funds in an amount of$116,500.00 from the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department to provide funding for overtime and retirement funds for four sworn officers eligible under the FY 2024 Local Border Security Program Grant; and appropriating funds in the amount of $116,500.00. SUMMARY: The purpose of the Local Border Security Grant program is to sustain interagency law enforcement operations and to enhance local law enforcement patrols that facilitate directed actions to deter and interdict criminal activity while assisting in the execution of coordinated border security operations. The operations take place within the city limits and extraterritorial jurisdiction of Corpus Christi. BACKGROUND AND FINDINGS: The Corpus Christi Police Department(CCPD)will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and extraterritorial jurisdiction (ETJ) targeting known drug, currency, and human trafficking routes operating in the South Texas area to points north (ETJ extends five miles out from the City's boundaries). The purpose of this effort is to reduce border-related criminal activity, decrease the supply of drugs smuggled into and through Texas from Mexico, and disrupt and deter operations of gang and cartel criminal organizations. The grant funding provides for overtime and retirement for four sworn officers for three hours per day, three days per week, for 40 weeks. Funding is available from October 1, 2023 through September 30, 2024. The City has received this grant since 2008. For FY 2023, the City received $94,500.00 from this grant. ALTERNATIVES: The alternative is not to accept the grant and, therefore, lose the ability to provide enhanced enforcement for known drug, currency, and human trafficking routes operating with the city limits and ETJ. CCPD did not budget these funds in the approved FY 2024 General Fund Budget. FISCAL IMPACT: The Local Border Security Program (LBSP) Grant in the amount of$116,500.00 will increase the Police Grants Revenue for the LBSP Program. There is no required City match for this grant. Funding Detail Fund 1061 Police Grants Fund Activity: 822824S Department: 29 Project # (CIP Only): N/A Account: 510200—Overtime Amount: $93,789.99 Account: 511000— Retirement Amount: $22,710.01 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Statement of grant award Ordinance Ordinance authorizing acceptance of grant funds in an amount of $116,500.00 from the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department to provide funding for overtime and retirement funds for four sworn officers eligible under the FY 2024 Local Border Security Program Grant; and appropriating funds in the amount of$116,500.00. 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 funding in the amount of $116,500.00 from the Officer of the Governor Homeland Security Grants Division for the FY2024 Local Border Security Grant Program for overtime and retirement funds for four sworn officers. SECTION 2. The City of Corpus Christi designates the Chief of Police as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the funding on behalf of the applicant agency. SECTION 3. That $116,500.00 is appropriated in the No. 1061 Police Grants Fund from the Officer of the Governor Homeland Security Grants Division for the FY2024 Local Border Security Grant Program described in Section 1 . SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the Officer of the Governor Homeland Security Grants Division in full. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in cGrants on the`Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements.In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code, and the Texas Grant Management Standards (TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above.For grants awarded from the U.S. Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s),if any, cited below: Grant Number: 3404807 Award Amount: $116,500.00 Date Awarded: 9/26/2023 Grantee Cash Match: $0.00 Grant Period: 09/01/2023 -08/31/2024 Grantee In Kind Match: $0.00 Liquidation Date: 11/29/2024 Grantee GPI: $0.00 Program Fund: BL-Local Border Security Program(LBSP) Total Project Cost: $116,500.00 Grantee Name: Corpus Christi,City of Project Title: Local Border Security Program Grant Manager: Lynne Crow Unique Entity Identifier(UEI): XETBTPKCL895 CFDA: N/A Federal Awarding Agency: N/A- State Funds Federal Award Date: NIA- State Funds Federal/State Award ID 2024-BL-ST 0016 Number: Total Federal Award/State $5,100,000.00 Funds Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Homeland Security Grants Division(HSGD) Is the Award R&D: No Federal/State Award Grants for local law enforcement agencies to support Operation Border Star.The grant funds Description: may also support the humane processing of remains of undocumented migrants,when specifically awarded for that purpose. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council Meeting of October 31, 2023 1852 Second Reading for the City Council Meeting of November 28, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and Appropriating funds from the Department of Justice, Bureau of Justice Assistance for the FY 2023 Edward Byrne Justice Assistance Grant Award for the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $227,389.00 for the FY 2023 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $227,389.00 in the Police Grants Fund with $113,694.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $113,695.00 to be used by the City. SUMMARY: This Ordinance authorizes the acceptance of a grant and appropriation of funds from the Bureau of Justice Assistance for the purchase of equipment to enhance law enforcement efforts. BACKGROUND AND FINDINGS: The JAG funds are based on Part 1 violent crimes reported by the City and County. The City reports a greater amount of Part 1 crimes than the Nueces County, yet Nueces County is responsible for providing criminal justice services such as incarceration and prosecution for the City. Because of this, the City has agreed to split the funds with Nueces County. The agreement between the City and Nueces County to split the funds received by the City from the Edward Byrne Memorial Justice Assistance Grant Program has been in place since 2008. Under the Justice Assistance Grant (JAG), Corpus Christi was declared a disparate jurisdiction in 2008 by the Department of Justice. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to the United State Department of Justice's Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and Nueces County have agreed that the City will serve as the lead agency, as has been the case in the past. The City and Nueces County agree to enter into a new interlocal agreement each year when beginning the JAG application process. The interlocal agreements are specific to each JAG grant's particular requirements. Nueces County Commissioners Court approved the interlocal agreement on August 9, 2023. The City will use the funds received from this grant to partially fund year two of the five-year lease agreement between the City and Axon Enterprise, Inc. for 445 tasers, supplies, software licenses, and training for the Corpus Christi Police Department. The five-year lease agreement between the City and Axon Enterprise, Inc. was approved by the City Council on September 13, 2022. The City used a combination of funds from the Crime Control and Prevention District and the FY 2022 Edward Byrne Memorial Justice Assistance Grant to fund the first year of the five-year lease agreement between the City and Axon Enterprise, Inc. The remaining three years of the five-year lease agreement between the City and Axon Enterprise, Inc. are expected to be paid by this grant as it is received each year. With this award, the program has provided a total of$6,375,658.00 in grant funds to the City since the program began in 1996. The funds have previously been used to purchase vehicles and other law enforcement equipment. The 2022 JAG grant amount received was $206,608 and was split in half between the City and the County, per the interlocal agreement. ALTERNATIVES: The alternative is not to apply for the grant which will result in the City not receiving the potential grant funds in order to partially fund year two of the five-year lease agreement between the City and Axion Enterprise, Inc. It will also result in the City not entering into the interlocal agreement with Nueces County in order for the City split the funds received from the grant with Nueces County for their work in providing criminal justice services such as incarceration and prosecution for the City. FISCAL IMPACT: The fiscal impact in FY 2024 is the acceptance of grant funds in an amount of $227,389.00 and appropriating $227,389.00 to the Police Grants Fund. There is no required match funding. Due to an interlocal agreement $113,694.00 will be distributed to Nueces County and the remaining $113,695.00 to be used by the City for the purchase of tasers. Funding Detail Fund 1061 Police Grants Fund Activity: 822840F Department: 29 Project # (CIP Only): N/A Account: 520090 Amount: $227,389.00 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Statement of grant award Ordinance authorizing acceptance of a grant from the Department of Justice FY 23 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $227,389.00; appropriating funds in the amount of$227,289.00 to the Police Grants Fund. 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 funding in the amount of$227,389.00 from the Department of Justice FY 23 Edward Byrne Memorial Justice Assistance Grant Program purchase law enforcement equipment to improve officer safety and efficiency through technology and software enhancements. SECTION 2. The City of Corpus Christi designates the Chief of Police as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the funding on behalf of the applicant agency. SECTION 3. That $227,389.00 is appropriated in the No. 1061 Police Grants Fund from the Department of Justice FY 23 Edward Byrne Memorial Justice Assistance Grant Program described in Section 1 . SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the Department of Justice in full. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Name and Address of Recipient: CORPUS CHRISTI, CITY OF 1201 LEOPARD ST City, State and Zip: CORPUS CHRISTI, TX 78401 (Recipient UEL XETBTPKCL895 Project Title: City of Corpus Christi FY 23 Edward Byrne Memorial Justice Assistance Frdumber: 15PBJA-23-GG-03841-JAGX Grant Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant(JAG) Program - Local Solicitation Federal Award Amount: $227,389.00 Federal Award Date: 9/26/23 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type: Grant Opportunity Category: D Assistance Listing: 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/22 Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/22 Budget Period End Date: 9/30/26 Project Description: The City of Corpus Christi, Police Department and the Nueces County Sheriff's Office are applying for the Edward Byrne Memorial Justice Assistance Grant(JAG)Program FY 2015 Local Solicitation. The City of Corpus Christi is serving as the lead fiscal agent as the jurisdictions have been declared disparate. The funds have been equally distributed between each agency. The City of Corpus Christi will purchase law enforcement equipment to improve officer safety and efficiency through technology and software enhancements. Nueces County proposes to address crime through the provision of services by improving the effectiveness and efficiency of its criminal justice system through the District Attorneys Office equipment and supplies and the Sheriffs Office law enforcement system through training/educational opportunities for officers. The goal of the grant for both Nueces County and the City of Corpus Christi is to improve the effectiveness and efficiency of the criminal justice system through officer training, equipment, and enhancements to the District Attorneys Office. Page: 1 of 23 Award Letter September 26, 2023 Dear Pat Eldridge, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CORPUS CHRISTI, CITY OF for an award under the funding opportunity entitled 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $227,389. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Exp lore/LegalOverview/Civil Rig htsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Page: 2 of 23 These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accord ingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. NEPA Coordinator Page: 3 of 23 First Name Last Name Orbin Middle Name Terry Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name CORPUS CHRISTI, CITY OF UEI XETBTPKCL895 Street 1 1201 LEOPARD ST Street 2 City State/U.S. Territory CORPUS CHRISTI Texas Zip/Postal Code Country 78401 United States County/Parish Province Award Details Federal Award Date Award Type 9/26/23 Initial Award Number Supplement Number 15PBJA-23-GG-03841-JAGX 00 Federal Award Amount Funding Instrument Type $227,389.00 Grant Assistance Listing Assistance Listings Program Title Number 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a) I have read and understand the information presented in this section of the Federal Award Instrument. Page: 4 of 23 Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency OJP 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Program Office BJA Application Number GRANT13962296 ,Grant Manager Name Linda Hill-Franklin Phone Number 202-514-0712 E-mail Address Linda.Hill-Franklin@usdoj.gov Project Title City of Corpus Christi FY 23 Edward Byrne Memorial Justice Assistance Grant Performance Period Start Date Performance Period End Date 10/01/2022 09/30/2026 Budget Period Start Date Budget Period End Date 10/01/2022 09/30/2026 Project Description The City of Corpus Christi, Police Department and the Nueces County Sheriff's Office are applying for the Edward Byrne Memorial Justice Assistance Grant(JAG)Program FY 2015 Local Solicitation. The City of Corpus Christi is serving as the lead fiscal agent as the jurisdictions have been declared disparate. The funds have been equally distributed between each agency. The City of Corpus Christi will purchase law enforcement equipment to improve officer safety and efficiency through technology and software enhancements. Nueces County proposes to address crime through the provision of services by improving the effectiveness and efficiency of its criminal justice system through the District Attorneys Office equipment and supplies and the Sheriffs Office law enforcement system through training/educational opportunities for officers. The goal of the grant for both Nueces County and the City of Corpus Christi is to improve the effectiveness and efficiency of the criminal justice system through officer training, equipment, and enhancements to the District Attorneys Office. [l 1 have read and understand the information presented in this section of the Federal Award Instrument. Page: 5 of 23 Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. I I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY Page: 6 of 23 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Page: 7 of 23 Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ /www.ecfr.gov/cgi-bin/EGFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 10 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if(as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements --whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, Page: 8 of 23 and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or-unenforceable, such provision shall be deemed severable from this award. 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 14 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. Page: 9 of 23 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier-- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements Page: 10 of 23 The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 19 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either Page: 11 of 23 requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Page: 12 of 23 24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud, waste, and abuse, and similar misconduct Page: 13 of 23 The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- tier"subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 31 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Page: 14 of 23 Package (GSP) and all constituent elements, where applicable, as described at: https:// it.ojp.gov/gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 32 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 33 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 34 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Page: 15 of 23 Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management. 38 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 39 Page: 16 of 23 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/l 204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 41 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 44 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this Page: 17 of 23 award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). 45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 47 Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor 48 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to Page: 18 of 23 confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. 49 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 50 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs" and the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs" do not apply to this award. 52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. 53 Initial period of performance; requests for extension. The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. Page: 19 of 23 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 55 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 56 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 57 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 58 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 59 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 60 Page: 20 of 23 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 62 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 63 Withholding of funds for Memorandum of Understanding The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition. I I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the Page: 21 of 23 federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or§§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Name of Approving Official Signed Date And Time Deputy Assistant Attorney General Maureen Henneberg 9/22/23 2:23 AM Authorized Representative Entity Acceptance Title of Authorized Entity Official Management Services Director Signed Date And Time Page: 22 of 23 Page: 23 of 23 so �o o� A P Iv AGENDA MEMORANDUM WoRPORPg4 First Reading for the Cit Council Meeting of October 31, 2023 1852 g Y g Second Reading for the City Council Meeting of November 28, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Mike Markle, Chief of Police mikema@cctexas.com 361-886-2601 Amendment to the Interlocal Cooperation Agreement with Del Mar College District for Lease of Property for the new Far South Police Substation CAPTION: Ordinance authorizing an Amended Interlocal Cooperation Agreement with Del Mar College District for a 50-year renewable lease for the City's new Police Substation along Yorktown Boulevard in exchange for the lease of a 1.2-acre City tract located at the corner of Rodd Field Road and Yorktown Boulevard. (28-day delay required between readings) SUMMARY: On April 261h, 2022, City Council approved the amendment to the Interlocal Cooperation Agreement with Del Mar College District for the lease of nine acres of property located at the Del Mar southside campus at the corner of Rodd Field Road and Yorktown Boulevard to serve as the new location for the City's Police Training Academy. This ordinance authorizes an Amendment to the Interlocal Cooperation Agreement with Del Mar College District to increase the lease area from nine acres to fourteen acres of property to construct the new Far South Police Substation in conjunction with the training academy.The lease agreement terms and conditions will remain the same as per the initial agreement. 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. One of the thirty-two projects included the full design and construction of the Far South Police Substation. The City currently has an interlocal agreement with Del Mar College District for the lease of nine acres of property located at the Del Mar southside campus at the corner of Rodd Field Road and Yorktown Boulevard. The initial lease was authorized by City Council on November 10, 2020, for five acres of lease area, and then on April 26, 2022, the lease was amended to increase the lease area to nine acres. The property is leased for a 50-year term with an option to renew for an additional 50 years with an annual payment of$10.00. The Police Department has identified that the best location for the Far South Substation to be within the proximity of Rodd Field Road and Yorktown Boulevard based on the service area. Based on the availability of real estate, staff has determined the best location to construct the substation will be on the Del Mar southside campus at the west end. The Police Training Academy is currently under construction within the leased area. The exhibit shows the approximate location and the dimensions location of the substation. The proposed action item will amend the Interlocal Cooperation Agreement with Del Mar College District to increase the lease area from nine acres to fourteen acres. In turn, the City would lease 1.2 acres of City property to Del Mar College for a 50-year term with an option to renew for an additional 50 years with an annual payment of$10.00. The Del Mar College District approved the Amendment to the Interlocal on October 3, 2023. City Charter requires a two-reading ordinance with a 28-day delay between readings for a lease of City property that exceeds five years. ALTERNATIVES: The alternative is to reject this amendment, and the City will have to look for other property options to construct the Far South Police Substation. FISCAL IMPACT: There is no fiscal impact proposed with this item. Funding Detail: N/A RECOMMENDATION: Staff recommends approval of this amendment. This will provide land that is needed for the construction of the new Far South Police Substation. LIST OF SUPPORTING DOCUMENTS: Ordinance Draft Lease Exhibit Ordinance authorizing an Amended Interlocal Cooperation Agreement with Del Mar College District for a 50-year renewable lease of 14 acres of Del Mar property to serve as the location for the City's new Police Training Academy and a new City Police Substation along Yorktown Boulevard in exchange for the lease of a 1.2-acre City tract located at the corner of Rodd Field Road and Yorktown Boulevard. (28-day delay required between readings) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an Amended Interlocal Cooperation Agreement with the Del Mar College District for the lease of 14 acres of Del Mar property at or near Yorktown Blvd for placement of a City Police Training Academy and City Policy Substation in exchange of the lease of a 1 .1995-acre City tract located at the corner of Rodd Field Road and Yorktown Boulevard for 50 years, with the option to renew for an additional 50 years. SECTION 2. This Ordinance was read at two separate City Council meetings, the second City Council meeting reading being at least 28 days following the first reading date. SECTION 3. A copy of this Ordinance and a brief summary of the lease agreement was published in the Corpus Christi Caller Times, or such other newspaper of general circulation, within 5 days following each reading of this Ordinance at a City Council meeting. SECTION 4. The Lease is effective, following execution by the City Manager, on the 61 st day following final approval of the City Council. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Rebecca Huerta, City Secretary Paulette Guajardo, Mayor 2NDAMENDED INTERLOCAL CONTRACT BETWEEN DEL MAR COLLEGE DISTRICT AND CITY OF CORPUS CHRISTI TO LEASE PROPERTY FOR CITY POLICE TRAINING ACADEMY AND POLICE SUBSTATION WHEREAS, in the spirit of cooperation, enhancing services, and maximizing tax dollars, the Del Mar College District ("College") and City of Corpus Christi ("City") desire City to locate the City's Police Training Academy and Substation on College property; WHEREAS, the College is an abutting property owner to a City tract that was originally acquired for streets, rights-of-way, or easements and College desires to lease City's tract; WHEREAS, the City chooses to lease City's tract to College in consideration for the City's Police Training Academy and Substation leasehold; WHEREAS, pursuant to Texas Education Code §130.0021 , the City's Police Training Academy and Substation is a governmental function that promotes a public purpose related to higher education within the Del Mar College Service District and is consistent with and complementary to the mission of College; and WHEREAS, this Interlocal supersedes the previous interlocal contract between Del Mar College District and City of Corpus Christi to lease property for City Police Training Academy executed April 5, 2021 , and amended on January 20, 2023. This Lease is hereby entered into between Del Mar College District ("College"), a Texas Junior College District and Institution of Higher Education, and City of Corpus Christi ("City"), a Texas Home Rule Municipal Corporation. ARTICLE 1. DEMISE OF LEASED PREMISES §1 .01 . City Lease of College Premises In consideration of the mutual covenants and agreements of this lease, and other good and valuable consideration, College demises and leases to City, and City leases from College, 14 acres situated on Yorktown Blvd, in Corpus Christi, Nueces County, Texas, as shown in Exhibit 1 & 2 attached to this lease, and made a part of this lease for all purposes (collectively referred to as "the premises" or"the leased premises" in this lease). The area leased to the City may be increased with College's written consent to account for additional amenities or change in design layout. City is to have and to hold the premises, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in any way appertaining to them, including but not limited to any easements, rights, title, and privileges of College, existing now or at any time during the lease term, in, to, or under adjacent streets, sidewalks, alleys, party walls, and property contiguous to the premises and reversions that may later accrue to College as owner of the premises by reason of the closing of any street, sidewalk, or alley. 1 §1 .02 College Lease of City Premises In consideration of the mutual covenants and agreements of this lease, and other good and valuable consideration, City demises and leases to College, and College leases from City, 1 .1995 acres, situated on Yorktown Blvd, in Corpus Christi, Nueces County, Texas, as shown in Exhibit A & B attached to this lease, and made a part of this lease for all purposes (collectively referred to as "City Tract" in this lease). College is to have and to hold the City Tract, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in any way appertaining to them, including but not limited to any easements, rights, title, and privileges of City, existing now or at any time during the lease term, in, to, or under adjacent streets, sidewalks, alleys, party walls, and property contiguous to the City and reversions that may later accrue to City as owner of the City Tract by reason of the closing of any street, sidewalk, or alley. ARTICLE 2. LEASE TERM §2.01. Fixed Beginning, Termination Date and Consideration a. For and in consideration of ten dollars ($10.00) a year, receipt of which is hereby acknowledged, College hereby leases to City, for a term of 50 years, subject to the other terms and conditions of this Agreement, Leased Premises as described Exhibit 1 & 2, attached hereto, together with the right of ingress and egress thereto, unless terminating sooner as provided in this lease. The Agreement's considerations to College and/or City include, but are not limited to: -enhancement of safety and security on campus with the regular, conspicuous presence of law enforcement; -fostering of "goodwill" between governmental entities, contributing to public confidence; -creation of potential educational partnerships between College and City; -opening potential opportunity for College and City to utilize "shared space" consistent with respective missions; and, -maximizing use of public resources and improving delivery of services to the public, - lease of City Tract. b. For and in consideration of ten dollars ($10.00) a year, receipt of which is hereby acknowledged, City hereby leases to College, for a term of 50 years, subject to the other terms and conditions of this Agreement, City Tract, as described Exhibit A & B, attached hereto, together with the right of ingress and egress thereto, unless terminating sooner as provided in this lease. 2 §2.02. Right to Extend a. City may extend the lease of Leased Premises as described Exhibit 1 & 2 for 50 additional years with a fixed annual rent of $10 by giving College written notice of City's intention to do so within the last two years before the lease term expires but no later than six months before it expires, under all the terms of this lease. b. College may extend lease of City Tract for 50 additional years with a fixed annual rent of $10 by giving City written notice of College's intention to do so within the last two years before the lease term expires but no later than six months before it expires, under all the terms of this lease. §2.03. Termination This lease will terminate without further notice when the term specified in §2.01 expires, and any holding over by City after that term expires, other than as provided in §2.02, will not constitute a renewal of the lease or give City any rights under the lease in or to the premises. §2.04. Revocable This lease is revocable if the City does not initiate construction of the Police Training Academy within 10 years from final execution of this lease. After construction of the Police Training Academy, this lease is revocable if the City vacates the leased premises for a period longer than five years. §2.05 Irrevocable This lease is irrevocable upon initiation of construction of the Police Training Academy as agreed to, except if the City vacates the leased premise after constructing the Police Training Academy for a period longer than five years. ARTICLE 3. USE OF PREMISES §3.01. Permitted and Prohibited Use of Premises City may use the premises to develop, construct, and to operate a Police Training Academy and Police Substation, and for no other purpose without the written consent of College. The Police Training Academy may consist of single or multiple buildings, including a parking lot and running track. The Police Substation may consist of single or multiple buildings including a parking lot. §3.02. Use Not Permitted City may not use all or any part of the premises or any building situated on them for a firing range or driving track. 3 ARTICLE 4. INTERLOCAL CONTRACTS §4.01. Lease This lease constitutes an Interlocal Contract pursuant to Texas Government Code Chapter 791 and is dually authorized by the respective governing bodies. §4.02. Contracts The College and City contemplate entering into additional Interlocal Contracts to address design, construction, and operation of the Police Training Academy, Police Substation, and additional use of the premises. ARTICLE 5. CONSTRUCTION BY CITY §5.01. General Conditions a. City may, at any time and from time to time during the lease term, erect, maintain, alter, remodel, reconstruct, rebuild, replace, and remove buildings and other improvements on the premises, and correct and change the contour of the premises, subject to the following: i. City bears the cost of any such work. ii. The premises must at all times be kept free of mechanics' and materialmen's liens. iii. College must be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, at the time the work begins. iv. The conditions of § 5.03 concerning College's approving plans must be followed. b. . College may, at any time and from time to time during the lease term, erect, maintain, alter, remodel, reconstruct, rebuild, replace, and remove buildings and other improvements on City Tract, and correct and change the contour of the premises, subject to the following: i. College bears the cost of any such work. ii. City Tract must at all times be kept free of mechanics' and materialmen's liens. §5.02. Easements, Dedications, Zoning, and Restrictions a. College must cooperate with City concerning easements, dedications, and restrictions of the premises as follows: i. Easements and Dedications. To provide for the more orderly development of the premises, it may be necessary, desirable, or required that street, water, sewer, drainage, gas, power lines, and other easements and dedications and similar rights 4 be granted or dedicated over or within portions of the premises. College must, on City's request, join with City in executing and delivering the documents, from time to time, and throughout the lease term, as may be appropriate, necessary, or required by the several governmental agencies, public utilities, and companies for the purpose of granting the easements and dedications. ii. Zoning. If City considers it necessary or appropriate to obtain use, zoning, or subdivision and precise plan approval and permits for the premises or any part of them, College will execute the documents, petitions, applications, and authorizations as are appropriate or required to submit the premises, or any part of them, for the purposes of obtaining conditional use permits, zoning and rezoning, tentative and final tract approval, plats, precise plan approval, and further, for the purposes of annexation to or the creation of districts and governmental subdivisions. College will execute these documents from time to time as requested by City. iii. Restrictions. At City's request, College will, from time to time, execute and deliver or join in the execution and delivery of the documents that are appropriate, necessary, or required to impose on the premises covenants, conditions, and restrictions providing for the granting of exclusive uses of the premises, or any part of them; the establishment of common and parking areas; the establishment of party walls; provisions for enlarging the common and parking areas by establishing mutual and reciprocal parking rights and the rights of ingress and egress; and other like matters, all of which are for the purpose of orderly development of the premises as a commercial unit. iv. Expenses. City exclusively bears the cost and expense of any action required of College under subparagraphs i through iii, above. v. City as College's Agent. College appoints City as its attorney in fact and agent (to be irrevocable so long as this lease remains in full force, which is deemed to be a power coupled with an interest) to execute and deliver and to record any documents that may be appropriate, necessary, or required under subparagraphs i through iii above, in College's name, and any third person may rely on such execution, delivery, and recordation. b. City must cooperate with College concerning easements, dedications, and restrictions of City Tract as follows: i. Easements and Dedications. To provide for the more orderly development of City Tract, it may be necessary, desirable, or required that street, water, sewer, drainage, gas, power lines, and other easements and dedications and similar rights be granted or dedicated over or within portions of the premises. City must, on College's request, join with College in executing and delivering the documents, from time to time, and throughout the lease term, as may be appropriate, necessary, or required by the several governmental agencies, public utilities, and companies for the purpose of granting the easements and dedications. 5 ii. Zoning. If College considers it necessary or appropriate to obtain use, zoning, or subdivision and precise plan approval and permits for City Tract or any part of them, City will execute the documents, petitions, applications, and authorizations as are appropriate or required to submit the premises, or any part of them, for the purposes of obtaining conditional use permits, zoning and rezoning, tentative and final tract approval, plats, precise plan approval, and further, for the purposes of annexation to or the creation of districts and governmental subdivisions. City will execute these documents from time to time as requested by College. iii. Restrictions. At College's request, City will, from time to time, execute and deliver or join in the execution and delivery of the documents that are appropriate, necessary, or required to impose on the premises covenants, conditions, and restrictions providing for the granting of exclusive uses of the premises, or any part of them; the establishment of common and parking areas; the establishment of party walls; provisions for enlarging the common and parking areas by establishing mutual and reciprocal parking rights and the rights of ingress and egress; and other like matters, all of which are for the purpose of orderly development of City Tract as a commercial unit. iv. Expenses. College exclusively bears the cost and expense of any action required of City under subparagraphs i through iii, above. v. College as City's Agent. City appoints College as its attorney in fact and agent (to be irrevocable so long as this lease remains in full force, which is deemed to be a power coupled with an interest) to execute and deliver and to record any documents that may be appropriate, necessary, or required under subparagraphs i through iii above, in City's name, and any third person may rely on such execution, delivery, and recordation. §5.03. College's Approval of Plans The following rules govern College's approving construction, additions, and alterations of buildings or other improvements on the premises: a. Written Approval Required. No building or other improvement may be constructed on the premises unless the plans, specifications, and proposed location of the building or other improvement has received College's written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by College. b. Submission of Plans. City must, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for constructing a building or improvements or additions or alterations to any buildings or improvements that require College's approval under subparagraph a above. City must submit copies of detailed working drawings, plans, and specifications for constructing a building or improvements or additions or alterations for College's approval. If City wishes to construct any other 6 buildings or improvements or make any additions or alterations to buildings or improvements for which College's approval is required under Subsection (a) above, City must submit copies of detailed working drawings, plans, and specifications for any such projects for College's approval before the project begins. c. College's Approval. College will promptly review and approve all plans, meeting external architectural consistency with the remainder of the college campus, submitted under subparagraph b above or note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to College, within 60 days after the corrections or changes have been noted. College's failure to object to the resubmitted plans and specifications within 30 days constitutes its approval of the changes. Approval by College shall not be unreasonably withheld, and any disapproval will be in writing with reasons, therefore. Minor changes in work or materials not affecting the general character of the building project may be made at any time without College's approval, but a copy of the altered plans and specifications must be furnished to College. d. Exception to College's Approval. The following items do not require submission to, and approval by, College: i. Minor repairs and alterations necessary to maintain existing structures and improvements in a useful state of repair and operation. ii. Changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or improvements, to comply with legal requirements. e. Effect of Approval. College's approval of any plans and specifications applies only to the conformity of the plans and specifications to the general architectural plan for the premises, and College may not unreasonably withhold approval. College's approval does not constitute approval of the architectural or engineering design, and College, by approving the plans and specifications, assumes no liability or responsibility for the architectural or engineering design or for any defect in any building or improvement constructed from the plans or specifications. §5.04. Ownership of Buildings, Improvements, and Fixtures a. Any buildings, improvements, additions, alterations, and fixtures constructed, placed, or maintained on any part of the leased premises during the lease term are property of the City. Upon expiration or termination of the lease, all permanent buildings, improvements, additions, alterations, and fixtures become the property of the College, unless College elects not to retain said property, in which case, City will remove any or all of said property within 12 months after the date of expiration or termination of this Lease Agreement. b. Any buildings, improvements, additions, alterations, and fixtures constructed, placed, or maintained on any part of City Tract during the lease term are property of the College. Upon expiration or termination of the lease, all permanent buildings, improvements, 7 additions, alterations, and fixtures become the property of the City, unless City elects not to retain said property, in which case, College will remove any or all of said property within 12 months after the date of expiration or termination of this Lease Agreement. §5.05. Right to Remove Improvements a. City may, at any time while it occupies the premises, or within a reasonable time thereafter, remove any furniture, machinery, equipment, or other trade fixtures owned or placed by City, its subtenants or licensees, in, under, or on the premises, or acquired by City, whether before or during the lease term. b. College may, at any time while it occupies City Tract, or within a reasonable time thereafter, remove any furniture, machinery, equipment, or other trade fixtures owned or placed by College, its subtenants or licensees, in, under, or on City, or acquired by College, whether before or during the lease term. ARTICLE 6. NOTICE Notice may be given by hand delivery or certified mail, postage prepaid, and received on the day hand-delivered or on the third day after deposit if sent certified mail. Notice will be sent as follows: IF TO CITY: IF TO COLLEGE: City of Corpus Christi Del Mar College Attention: City Manager Attention: President P. 0. Box 9277 101 Baldwin Blvd. Corpus Christi, TX 78469-9277 Corpus Christi, TX 78404 ARTICLE 7. UTILITIES a. City will pay or cause to be paid all charges for water, wastewater, electricity, gas, and all other utilities used on the premises throughout the lease term, including any connection fees. b. College will pay or cause to be paid all charges for water, wastewater, electricity, gas, and all other utilities used on City Tract throughout the lease term, including any connection fees. ARTICLE 8. REPAIRS AND MAINTENANCE, a. At all times during the lease term, City will keep and maintain, or cause to be kept and maintained, all buildings and improvements erected on the premises in a good state of appearance and repair (except for reasonable wear and tear) at City's own expense. b. At all times during the lease term, College will keep and maintain, or cause to be kept and maintained, all buildings and improvements erected on City Tract in a good state of appearance and repair (except for reasonable wear and tear) at College's own expense. 8 ARTICLE 9. VOLUNTARY CONVEYANCE a. If College, during the lease term, desires to sell all or any portion of the Leased Premises and/or areas of ingress/egress, City will have the right of first refusal to meet any bona fide offer of sale on the same terms of the offer. b. If City, during the lease term, desires to sell all or any portion of the City Tract and/or areas of ingress/egress, College will have the right of first refusal to meet any bona fide offer of sale on the same terms of the offer. ARTICLE 10. WARRANTIES AND COVENANTS § 10.01. Warranty of Title College warrants that it is the owner in fee simple absolute of the premises. § 10.02. Warranty of Quiet Enjoyment College covenants that, as long as City pays the rent and other charges under this lease and observes the covenants and terms of this lease, City will lawfully and quietly hold, occupy, and enjoy the premises during the lease term without being disturbed by College or any person claiming under College, except for any portion of the premises that is taken under the power of eminent domain. § 10.03. Warranty of Title City warrants that it is the owner in fee simple absolute of City Tract. § 10.04. Warranty of Quiet Enjoyment City covenants that, as long as College pays the rent and other charges under this lease and observes the covenants and terms of this lease, College will lawfully and quietly hold, occupy, and enjoy City Tract during the lease term without being disturbed by City or any person claiming under City, except for any portion of City Tract that is taken under the power of eminent domain. ARTICLE 11. GENERAL PROVISIONS § 11 .01. No Partnership or Joint Venture The relationship between College and City is at all times solely that of College and City and may not be deemed a partnership or a joint venture. § 11 .02. Force Majeure If constructing the building as provided in §2.04 or curing any default or performing any other covenant or term is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond City's control or that of the party obligated or permitted under this lease to do or perform the term or covenant, regardless of whether the circumstance is 9 similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. § 11 .03. No Waiver No waiver by either party of any default or breach of any covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this lease. § 11 .04. Severability If any covenant, condition, or provision in this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision in no way affects any other covenant, condition, or provision herein contained. § 11 .05. Interpretation The Parties acknowledge that each of them has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for or against any Party, regardless of which Party originally drafted the provision. § 11 .06. Effective Date of Agreement This Agreement will begin upon approval by the City Council and District Board of Regents and last signature of their authorized representative. 10 CITY OF CORPUS CHRISTI DEL MAR COLLEGE DISTRICT Michael Rodriguez (Date) Mark Escamilla, Ph. D. (Date)) Deputy City Manager President/CEO For City Manager ATTEST: Rebecca Huerta (Date) City Secretary APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney 11 EXHIBIT 1 Lzt a 35.152 Acres TOTAL PROPERTY 9 ACRES N 1,5J 1,212af N 614' — - 3.5 F 1 N ADDITIONAL PROPERTY 2.5 ACRES lv J.E.��.S. 639' eas Lot 2 6.509 Acres 263.534af I -25 F N5p�3"W— _ .W Fhase 1 r96�ss" - EXISING SITE 6.5 ACRES '..E 81 a pp' .., E N57'79 d6 1439.64 25,40— N 61 19 5.40•N61'19 66 1439.62 Yorktown Boulevard — — — — — — — — — 9 EXHIBIT 2 W S ° ° 46 �p , m x . x, r ce / a � a NEW POLICE TRAINING ACADEMY FAR SOUTH POLICE SUBSTATION ..,. h BILL WITT PARK " s AERIAL MAP NOT TO SCALE PROJECT NUMBER: 23177 41 EXHIBIT 2 FAR SOUTH �^ POLICE SUBSTATION CITY OF CORPUS CHRISTI,TEXAS I • _ 1 DEPARTMENT OF ENGINEERING SERVICES 820 Buffalo Street t 361887 8851 III Corpus Christi,Texas 78401 f 3618878855 LJA.com TBPE F-1386 LJA ENGINEERING TBPLS10016600 May 10, 2017 LJA Project No. C007-15025.402 EXHIBIT `A' FIELD NOTES DESCRIPTION THE STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 1.1995-acre right-of-way Surplus Tract out of a 35.19-acre tract of land, being out of a portion of Lot 9 and 10, Section 21, Flour Bluff & Encinal Farm & Garden Tracts ("F.B. & E.F. & G.T."), as recorded in Document Number 2013042625 of the Official Public Records of Nueces County, Texas and described by metes and bounds as follows: COMMENCING at a PK nail found in the centerline of Rodd Field Road and the common corner of Lots 8 and 9, Section 21, & Lots 1 and 16, Section 25, F.B. & E.F. & G.T., as recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas; THENCE N 61020'00" W, a distance of 60.00 feet to a 5/8" iron rod with cap found on the west right-of-way of Rodd Field Road; THENCE S 28040'00" W along the west right-of-way of Rodd Field Road, a distance of 751.60 feet to the point of curvature of a curve to the right, with a radius of 513.20 feet and a central angle of 8°00'16", whence a 5/8" iron rod with cap found bears N 61020'00" W, a distance of 1.10 feet; THENCE along the west right-of-way of Rodd Field Road and along said curve to the right, a distance of 71.70 feet to a 5/8" iron rod with cap set for the POINT OF BEGINNING of this tract; THENCE S 28040'00" W along west right-of-way of Rodd Field Road, a distance of 412.95 feet to a 5/8" iron rod with cap set at the point of curvature of a curve to the right, with a radius of 25.00 feet and a central angle of 90001'30", for a corner of this tract; THENCE along the west right-of-way of Rodd Field Road and along said curve to the right, a distance of 39.28 feet to a 5/8" iron rod with cap set at the point of tangency of the curve and north right-of-way of Yorktown Boulevard for a corner of this tract; THENCE N 61018'30" W along the north right-of-way of Yorktown Boulevard, a distance of 419.47 feet to a 5/8" iron rod with cap set at north right-of-way of a curve to the left with a radius of 513.20 feet and a central angle of 74051'49"for a corner of this tract; Exhibit'A'— 1.1995-Acre Surplus Tract May 10, 2017 Page 2 of 2 THENCE along the north right-of-way of Yorktown Boulevard and along said curve to the left, a distance of 670.56 feet to POINT OF BEGINNING, containing 1.1995 acres, more or less. Bearings refer to grid north, Texas State Plane Coordinate System, South Zone, NAD83, US Survey Feet, as observed by GPS. This field notes description is accompanied by a survey map titled Exhibit 'B', dated May 10, 2017. I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on the ground, under my supervision, this the 10th day of May, 2017. 7c At lir '� ��:�--�` }`i'•',,>• Registered Professional Land Sjfrveyor Texas Registration No. 4471 WACC NAME: R:\CLENTS\CTY OF CC-7\15025 — Radd Field Road Expansion—Saratoga to Yorktown\SURVEY\CAD\Rodd Field — ROWacquisition.dwg CM DATE: 10 MAY 2017 TIME: 8:21 FOUND 5/8" IRON ROD W/ CAP; BEARS N61'20'00"E, AT 0.70' r PROPERTY CURVE TABLE N21'32'05 E RADIUS LENGTH DELTA ANGLE 8 CURVE (R) (L) (A) 't C1 513.20' 71.70' 8.00'16 GRAPHIC SCALE I C2 25.00' 39.28' 90.01'30" C3 513.20' 670.56' 74.51'49" D 100' 200' 1 .1995 ACRE I ROW SURPLUS �,�.�• Q eF �� w z OJ�� 0 O� OSS j w O m z 3 S�� G Z 0�� I W� I 0 101l� i <0- r 00 Io I �O (::Ij I LLJto CV FOUND 5/8" IRON ROD W/ CAP; C3 I < Z BEARS N61.20'00"W, AT 1.10' I O I > I 65.00' REMAINDER OF LOTS 9 ?e 10, UTILITY oc r10 2ao3os7sos I W I SECTION 21, F. B. & E. F. $1 G. T. I o VOL 252, PG 69, D.R.N.C.T. (SAVE AND EXCEPT) a o (OWNER: CIN OF CORPUS CHRISTI) 20' UTILITY EASEMENT FOUND 8" IRON N to ---- "OC. NO. 2003067609 ROD W/ CAP Z to -------- -------------- -- �--I QS28'40'00" W 412.95' S28 40'00"W N61.20'00"W 0 C1 751.60' 60.00' in POINT OF BEGINNING RODD FIELD ROAD SET 5/8" IRON ROD W/ CAP LOT F Y-;)251 --ON LOT 4 COMMENCING POINT SIECTMIq 25 FOUND PK NAIL NOTES: 1. BEARINGS REFER TO GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83, US SURVEY FEET, AS OBSERVED BY GPS. 2. SET 5/8" IRON ROD AT ALL CORNERS; UNLESS NOTED I, ALBERT E. FRANCO, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY OTHERWISE. CERTIFY THAT THIS DRAWING WAS PREPARED FROM SURVEYS MADE ON THE GROUND 3. THIS SURVEY IS ACCOMPANIED BY A FIELD NOTES UNDER MY SUPERVISION, AND THAT SAID BOUNDARY SURVEY IS CORRECT TO THE BEST DESCRIPTION OF THIS TRACT, TITLED EXHIBIT 'A', DATED MAY OF MY KNOWLEDGE, THIS THE 10th DAY OF MAY, 2017. 10, 2016. 6� r�� N EXHIBIT 'B' •:A• . t� m:� 4'.71 1 .1995 ACRE R.O.W. SURPLUS c � . ... .... -v`-'ydr fS LA14 LJA Engineering, Inc. ALBERT E. FRA CO, JR., .L.S. 820 Buffalo Street Phone 361.887.8851 TEXAS REGISTRATION Ily. 4471 Corpus Christi,Texas 78401 Fax 361.887.8855 TBPE Firm Reg.#F-1386 TBPLS Firm Reg.#10016600 r .1. mrx COM aM DAY PROJECT • • f „n , a„ i • Mor Ilk , f�. f,17 A „ ti w i deF• AERIAL MAP OTE -1 El I I MITI 10 0 • • SCALE -• o�`eus cyq SOUTHFAR DEPARTMENT • POLICE SUBSTATION CITY OF CORPUS CHRISTI,TEXAS 7852 „ 4 , a LU ” U ui l E ' ' l L - � M _ q _ rLL ,.. • LU ry , ui U k w �. In O LP co U) LLj LU cl LU U - a � �o J � Z-- z LU z j-Z y .. 2 O LL �° a_ `6 J m � m so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 Action Item for the City Council Meeting November 14, 2023 1852 Action Item for the City Council Meeting November 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com (361) 826-3936 Acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor- Homeland Security Grants Division for the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor—Homeland Security Grant Division for the State Homeland Security Program for 57 replacement sets of body armor and a replacement burn trailer for the Corpus Christi Police Department's Special Weapons and Tactics and Hostage Negotiation Teams for $181,346.31; and appropriating $181,346.31 in the FY 2024 Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of two grants totaling $181,346.31 from the Homeland Security Grant Program's (HSGP) State Homeland Security Program (SHSP). SHSP is one of three grant programs that comprise the HSGP. BACKGROUND AND FINDINGS: The HSGP is a federal grant program that is managed by the State, through the office of the Governor, and is administered through the Coastal Bend Council of Governments (CBCOG). The equipment purchased using these grants funds will support local and state efforts to prevent terroristic and catastrophic events and prepare for the threats and hazards that pose the greatest risk to the security of Texas citizens. The grant funding through Law Enforcement Terrorism Prevention Activities will provide increased protection for the Corpus Christi Police Department Special Weapons and Tactics (SWAT) and Hostage Negotiation (HNT) teams. The SWAT and HNT teams are comprised of 57 members, and they assist local, state, and federal partners to safely de-escalate high-risk situations. The first SHSP grant is for$160,346.31 and will be used to purchase 57 replacement sets of body armor that will be expiring due to reaching the end of the manufacturer's recommended useful lives. The second SHSP grant is in the amount of $21,000.00 and will be used to purchase a replacement burn trailer. The trailer is a vital piece of equipment that will enhance chemical agent disposal capabilities and replace the current, outdated trailer. Teams will be able to respond to high-risk incidents more quickly and effectively, which also increases the level of protection for the community. Since 2002, the Corpus Christi Fire Department (CCFD) has submitted grant applications to the HSGP on behalf of the CCPD and other City departments. In FY 2022, the City of Corpus Christi was awarded four grants totaling $189,547.47. The FY 2022 grant funding was also used to purchase anti-terrorism and SWAT equipment. In FY 2023, the City received two grants totaling $97,753.00 from the Homeland Security Grant Program. The FY 2023 grant funding was also to purchase anti-terrorism and SWAT equipment. ALTERNATIVES: The alternative is to not accept the two grants and seek alternative funding. However, this would place the public and police officers at a higher risk of terrorism and catastrophic events as these funds are not part of the City's FY 2024 General Fund Budget. FISCAL IMPACT: Acceptance of the funding in the amount of$181,346.31 and appropriating $181,346.31 to the FY 2024 Fire Grants fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 821273F, 821274F Department Number: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment 540045 Uniforms & Protective Clothing Amount: $181,346.31 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate two grants totaling $181,346.31 for the purchase of 57 replacement sets of body armor and a burn trailer, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance r xuuuturtur �. � ljlli avt��6ti1rA),$' wi Ordinance authorizing the acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor Homeland Security Grant Division for 57 new sets of body armor and a burn trailer for the Corpus Christi Police Department's Special Weapons and Tactics and Hostage Negotiation Teams for $181,346.31; and appropriating $181,346.31 in the Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept two grants totaling of $181 ,346.31 from the Texas Office of the Governor Homeland Security Grant Division's Homeland Security Grant Program for $181 ,346.31 for the purchase of 57 new sets of body armor and a burn trailer to support the Police Department's Special Weapons and Tactics' (SWAT) and Hostage Negotiation Teams' (HNT) to prepare for and to prevent terroristic and catastrophic events. SECTION 2. The City Council designates the Fire Chief as the authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 3. That $181 ,346.31 is appropriated in the No. 1062 Fire Grants Fund from the Texas Office of the Governor Homeland Security Grant Division's Homeland Security Grant Program described in Section 1 SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the Officer of the Governor Homeland Security Grants Division in full. SECTION 5. That the 2023-2024 operating budget approved by Ordinance No. 033151 is amended to increase revenues and expenditures. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary SC GO � O� AGENDA MEMORANDUM First Reading for the City Council Meeting of November 14, 2023 NoRPORp,Eo Second Reading for the Council Meeting of November 28, 2023 1852 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith kevi ns4(a)cctexas.com (361) 826-1292 Land Purchase of 68.2 acres for future development purposes CAPTION: Ordinance authorizing a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of $678,000.00; appropriating $678,000.00 from the unreserved fund balance in the Airport Operating Fund; and amending the FY 2024 Operating Budget. SUMMARY: The acquisition of this 68.2-acre tract of land will enable the Corpus Christi Airport Department to expand with future development of Corpus Christi International Airport. This property is adjacent to current airport property and can be used for aeronautical or nonaeronautical use and contributes to the airport's grant assurance requirements to maintain and preserve compatible land use surrounding the airport. BACKGROUND AND FINDINGS: The 2007 Airport Master Plan Update included potential growth southwest, including a potential parallel Runway 13-31 as a third runway. This runway would be located approximately 1 ,500 feet southwest of the current Runway 13-31 and would require the acquisition of additional property to accommodate the construction. This property acquisition is consistent with the 2007 Airport Master Plan Update. The airport is currently undergoing a new Airport Master Plan that outlines the next 25 years of airport development, which will assess the best use of this land and any alternatives to a parallel runway that could be more beneficial or valuable to the airport. The proposed property is located adjacent to the current airport property on the Southwest side of Runway 13-31 , at Kosar Road (CR 34), Corpus Christi, TX 78406. The property is located outside of the Airport Operations Area fence line, making it more turnkey for nonaeronautical development opportunities that don't require access to the airfield infrastructure. As a condition of accepting federal grants, the airport is subject to federal grant assurances. Grant Assurance 21 requires the airport to preserve compatible land use surrounding the airport, to prevent inappropriate or incompatible activities from encroaching upon the safe aviation environment at the airport. The acquisition of land is the most effective method of ensuring compatible land use, so the purchase of this land helps ensure the airport remains in compliance with these federal grant assurances. ALTERNATIVES: The alternative is not to purchase the land and not expand the airport property lines, which conflicts with the current Airport Master Plan and could jeopardize the airport's ability to comply with federal Grant Assurance 21 . FISCAL IMPACT: The fiscal impact for the purchase is $678,000 with funding available from 4610 —251 850 Fund Balance. Funding Detail From: 4610 — 251850 — Fund Balance To: 4610 —Airport Operating ORG: 35000 —Administration Account: 550005 - Land & Land Rights Department: 53 - Aviation Amount: $678,000.00 RECOMMENDATION: Staff recommend purchasing the 68.2 acres of adjacent land for future expansion of the Corpus Christi International Airport. LIST OF SUPPORTING DOCUMENTS: Ordinance Title Commitment Real Estate Contract Ordinance authorizing a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of $678,000.00; appropriating $678,000.00 from the unreserved fund balance in the Airport Operating Fund; and amending the FY 2024 Operating Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2023-2024 Operating Budget, adopted by Ordinance No. 033151 , is amended to appropriate $678,000.00 from the unreserved fund balance to the Airport Operating Fund and increase expenditures by $678,000.00. SECTION 2. The City Manager or designee is authorized to execute a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of $678,000.00. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary u Buyers and Sellers Beware Criminals are targeting real estate transactions. Don't be a victim of wire fraud. What is wire fraud and how does it occur? Criminals are targeting real estate transactions by gaining access to electronic communications or sending emails that appear to be from a title company, a real estate agent, a lender, or another trusted source.These fraudulent emails appear legitimate and direct you to wire funds to a fraudulent account. Once you wire funds to the fraudulent account,your money is gone. How can you protect yourself from wire fraud? You should not send personal information, such as bank account numbers or other financial information,via email or other unsecured electronic communication. San Jacinto Title will never use any electronic communications, such as email,text messages, or social media messages, to ask you to wire funds or provide personal information. If you receive any electronic communication regarding wiring instructions, even if the communication appears to come from a legitimate source, you should contact San Jacinto Title in person or via phone call using a phone number from our website www.saniacintotitle.com. If you think you are being targeted in a wire fraud scam, immediately notify law enforcement, San Jacinto Title,your lender, and your real estate agent. 41 SAN JACINTO(V' �: Title Services of Tem THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued By FIDELITY NATIONAL TITLE INSURANCE We (Fidelity National Title Insurance) will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. San Jacinto Title Services of Texas, LLC Fidelity National Title Insurance Company ) 0 SEALAlit vj T.\nlan ;fit i'i �.s�iln ,,',IIIIPrII lllll"" , V1 I '✓'<Lirinnc Armrlv.i. vt'il l'i:ili Authorized Signatory Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Conditions and Stipulations nlll COMMITMENT FOR TITLE INSURANCE (FORM T-7) SCHEDULE A Issued By FIDELITY NATIONAL TITLE INSURANCE Effective Date: October 9, 2023 GF No.: 230246395 Commitment No. 230246395, issued October 19, 2023, 08:00 AM 1. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: TBD PROPOSED INSURED: The City of Corpus Christi b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) Policy Amount: PROPOSED INSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule A SCHEDULE A (Continued) 3. Record title to the land on the Effective Date appears to be vested in: David S. Ramirez and Mike S. Ramirez Title via: Warranty Deed dated March 1, 2006, from Aurelia T. Scogin, et al., to Epitacio V. Ramirez, David S. Ramirez and Mike S. Ramirez, recorded in Document No. 2006015183, Official Public Records of Nueces County, Texas; and Warranty Deed dated Dec. 14, 2013, from Epitacio V. Ramirez, to Mike S. Ramirez and David S. Ramirez, Tenants in Common, recorded in Document No. 2014000027, Official Public Records of Nueces County, Texas. 4. Legal description of land: Field Notes for a 68.2 acres, more or less, out of the G.C. &S.F.R.R. Co., Survey No. 315, Abstract 818, Nueces County, Texas, described in that certain Partition Deed dated February 7, 1945, by and between Martha J. Scogin, et al, recorded in Votume 310, Page 182, of the Deed Records of Nueces County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a metal spur on the centerline of McGloin Road for the Southwest corner of Share 4, Margaret Kelly Land, recorded in Volume 8, Page 40, Map Records of Nuees County, Texas, also the Southeast corner of this tract and POINT for the Southwest corner Map Records of Nueces OF BEGINNING; THENCE North 01' 20' 00"West 40.00 feet pass a 60 penny nail found, in all a total distance of 3720.51 feet to a 5/8 inch iron rod found for the Northwest corner of this tract; THENCE North 88° 40' 00" East along the boundary line of Christi International Airport, for a distance of 806.90 feet to a 5/8 inch iron rod found, the Northeast corner of this tract; THENCE South 01° 20' 00" East along the boundary line of Corpus Christi International Airport at 360.51 feet pass the North R.O.W. line of McGloin Road, in all a distance of 3720.51 feet to a 5/8 inch iron rod, for the Southeast corner of this; THENCE South 88° 40' 00"West along the centerline of McGloin Road, for a distance of 806.90 feet to the POINT OF BEGINNING, containing 68.2 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule A SCHEDULE A (Continued) San Jacinto Title Services of Texas, LLC Fidelity Nair"o,r:crl Title Insurance Company If f Authorized Signatory Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule A SCHEDULE B Commitment No.: 230246395 GF No.: 230246395 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below: This item is deleted. (Omitting any covenant or restriction based on race, color, religion, sex, disability, handicap, familial status or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2023, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of"for the year 2022, and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B (Continued) 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy(T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters: a. Right of parties in possession. (Owner's Policy Only) b. Rights of tenants in possession, as tenants only, under unrecorded lease agreements.(May be deleted with appropriate Affidavit at closing.) C. Any visible and apparent unrecorded easements on the insured property.(Owner's Policy Only) d. Rights of the Public in and to any portion of subject property lying within a public road. (To be deleted upon receipt and review of a current on the ground survey, eliminating portion, if any, from metes and bounds description). e. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. (NOTE. Upon receipt of a survey acceptable to the Company, this exception will be deleted. Company reserves the right to add additional exceptions per its examination of said survey.) f. Building, Zoning, Platting and/or Regulatory Laws and/or Ordinances of any Municipal and/or other Governmental Authority. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B (Continued) g. The Company does not insure title to, and excepts from the description of the Land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto; the same are EXCLUDED FROM COVERAGE under this policy. h. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. i. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Magnolia Pipe Line Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: March 19, 1941 Recording No: 160985, Volume 257, Page 397, Deed Records of Nueces County, Texas. (Blanket) j. Right of Way Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: State of Texas Highway Department of Texas by J. J. Scogin, Sr. Purpose: Roadway, highway and appurtenance purposes Recording Date: September 7, 1933 Recording No: 81692, Volume 207, Page 329, Deed Records of Nueces County, Texas. (Defined) k. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Crown Central Transportation Corporation, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: October 18, 1939 Recording No: 121000, Volume 235, Page 194, Deed Records of Nueces County, Texas. (Blanket) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B (Continued) I. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Duval Pipe Line Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: September 4, 1937 Recording No: 119657, Volume 233, Page 305, Deed Records of Nueces County, Texas. (Blanket) M. Right of Way Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: State of Texas Purpose: Roadway, highway and appurtenance purposes Recording Date: February 15, 1941 Recording No: 159586, Volume 265, Page 634, Deed Records of Nueces County, Texas. (Defined) n. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Magnolia Pipe Line Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: March 19, 1941 Recording No: 160985, Volume 267, Page 397, Deed Records of Nueces County, Texas. (Blanket) o. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated June 8, 1945, from James Jefferson Scogin, to J. L. Scogin, conveying his stated 1/10th undivided interest in subject property Recording No.: 208864, Volume 312, Pages 114-115, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of all grantors undivided interest in and to oil, gas and other mineral royalty for a term of 10 years and as long as production continues, non-participating Said mineral interest not traced subsequent to the date of the above-cited instrument. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B (Continued) P. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated July 26, 1950, from Gabriel Newton Scogin, to J. L. Scogin, conveying his stated 1/10th undivided interest in subject property Recording No.: 309511, Volume 483, Page 41, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of a non-participating (all grantors undivided interest) in and to oil, gas and other mineral royalty for a term of 20 years and as long as production continues Said mineral interest not traced subsequent to the date of the above-cited instrument. q. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated May 7, 1945, from Eunice Scogin Franklin, et vir., to J. L. Scogin, conveying her stated 1/20th undivided interest in subject property Recording No.: 208862, Volume 312, Pages 110-112, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of all grantors non-participating undivided interest in and to oil, gas and other mineral royalty for a term of 20 years and as long as production continues Said mineral interest not traced subsequent to the date of the above-cited instrument. r. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated May 7, 1945, from Clellie E. Scogin, to J. L. Scogin, conveying her stated 1/20th undivided interest in subject property Recording No.: 208863, Volume 312, Pages 112-114, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of all grantors non-participating undivided interest in and to oil, gas and other mineral royalty for a term of 20 years and as long as production continues, non-participating Said mineral interest not traced subsequent to the date of the above-cited instrument. S. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated June 17, 1949, from Marion Richard Scogin, et al., to J. L. Scogin, conveying their porportionate undivided interest in subject property Recording No.: 285227, Volume 440, Page 336, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of all grantors undivided non-participating interest in and to oil, gas and other mineral royalty for a term of 20 years and as long as production continues Said mineral interest not traced subsequent to the date of the above-cited instrument. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B (Continued) t. Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in Mineral/Royalty Deed dated Nov. 19, 1955, from Mrs. Ruth D. Scogin to Annie Josephine Scogin and Beulah Mae Scogin Recording No.: 446595, Volume 148, Page 595, Oil and Gas Records of Nueces County, Texas. Said mineral interest not traced subsequent to the date of the above-cited instrument. U. Leases for coal, lignite, oil, gas or other minerals, together with rights incident thereto 1) in favor of Renwar Oil Corp, in counterparts, recorded in File No. 271841, Volume 95, page 89, File No. 271842, Volume 95, Page 94, File No. 271843, Volume 95, Page 98, and File No. 271844, recorded in Voume 95, Page 103, Oil and Gas Records of Nueces County, Texas; 2) in favor of Richard E. Haas, recorded in File No. 705656, Volume 409, Page 890, Oil and Gas Records of Nueces County, Texas; 3) in favor of T. S. Dudley Land Company, Inc., recorded in Document No. 2002016000, Document No. 2002015708, Document No. 2002016180, Document No. 2002016181, and Document No. 2002017474, Official Public Records of Nueces County, Texas; 4) in favor of Cummins &Walker Oil Co., Inc, recorded in File No. 730402, Volume 249, Page 348, Oil and Gas Records of Nueces County, Texas; 5) in favor of Murphy H. Baxter, recorded in File No. 237056, Volume 348, Page 179, Oil and Gas Records of Nueces County, Texas, and extension thereof recorded in File No. 356723, Volume 367, Page 630, Oil and Gas Records of Nueces County, Texas; 6) in favor of A J. Kelly and F. C. Payne, recorded in File No. 412176, Volume 141, Page 586, Oil and Gas Records of Nueces County, Texas; 7) in favor of Triple L Oil Company, Inc, recorded in File No. 38721, Volume 314, Page 470, Oil and Gas Records of Nueces County, Texas; Reference to said instruments are made for all purposes. No further search of title has been made as to the interest(s) evidenced by the instruments, and the Company makes no representation as to the ownership or holder of such interest(s). V. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Magnolia Pipe Line Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: October 26, 1946 Recording No: 230653, Volume 349, Page 70, Deed Records of Nueces County, Texas. (Partially defined) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B (Continued) W. Right of Way Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: County of Nueces, State of Texas Purpose: Roadway and appurtenance purposes Recording Date: July 9, 1953 Recording No: 378397, Volume 601, Page 429, Deed Records of Nueces County, Texas. (Defined) X. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Sun Oil Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: September 21, 1953 Recording No: 383301, Volume 610, Page 141, Deed Records of Nueces County, Texas. (Blanket)As amended by instrument dated Oct. 8, 1952, recorded in File No. 389611, Volume 619, Page 575, Deed Records of Nueces County, Texas. Y. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Central Power and Light Company Purpose: Electric distribution system and appurtenance purposes Date: May 3, 1956 Recording No: 463175, Volume 742, Page 45, Deed Records of Nueces County, Texas. (Partially defined) Z. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Central Power and Light Company Purpose: Electric distribution system and appurtenance purposes Date: May 8, 1968 Recording No: 509927, Volume 818, Page 341, Deed Records of Nueces County, Texas. (Partially defined) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B (Continued) aa. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Corpus Christi, Texas Purpose: Water pipeline and appurtenance purposes Recording Date: April 27, 1955 Recording No: 429647, Volume 686, Page 258, Deed Records of Nueces County, Texas. (Blanket) ab. Deed Controlled Access Highway Facility dated July 69, 18, 1969, from Annie Josephine Scogin, et al., to State of Texas, recorded in File No. 798084, Volume 1346, Page 457, Deed Records of Nueces County, Texas. (3.337 acres) ac. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Corpus Christi, Texas Purpose: Roadway, utilities and appurtenance purposes Recording Date: March 2, 1959 Recording No: 524827, Volume 841, Page 607, Deed Records of Nueces County, Texas. (Partially defined) ad. Terms and provisions contained in Surface Lease, Road and Pipeline Easement, Subsurface Easement, Landfarming and Soil Disposal Agreement dated May 11, 2002, between John L. Scogin, Jr., et al., and EOG Resources, Inc., recorded in Instrument No 2002038059, Official Public Records of Nueces County, Texas. (Defined - plat attached)As amended in by Amendment thereto filed Dec. 20, 2003, recorded in Instrument No. 2002061528, Official Public Records of Nueces County, Texas, and any subsequent amendments thereto. ae. Terms and provisions contained in Pipe Line Right of Way and Easement Agreement for the purpose(s) shown below and rights incidental thereto, as granted in a document: Between: John L. Scogin, Jr. et al. and EOG Resources, Inc. Purpose: Pipeline and appurtenance purposes Recording Date: December 20, 2002 Recording No: 2002061529, Official Public Records of Nueces County, Texas. (Defined - plat attached) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B (Continued) af. All interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated March 1, 2006, from Aurelia T. Scogin, et al, to Epitacio V. Ramirez, David S Ramirez and Mike S. Ramirez Recording No.: 2006015183, Official Public Records of Nueces County, Texas. Said mineral interest not traced subsequent to the date of the above-cited instrument. ag. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Enterprise Texas Pipeline, LLC, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording No: Document No. 2018030276, and Document No. 2018030811, Official Public Records of Nueces County, Texas, (Defined) ah. The Company assumes no loss or liabiltiy by reason of a portion of the insured property lying within MCGloin Road, as stated in the legal description on Schedule A hereof. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE C Commitment No.: 230246395 GF No.: 230246395 Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Release of Deed of Trust, Assignment of Rents, Security Agreement and Financing Statement to secure an indebtedness in the amount shown below, Amount: $205,000.00 Dated: August 4, 2020 Trustor/Grantor David Sheldon Ramirez and Michael Sheldon Ramirez Trustee: Al Villarreal Beneficiary: International Bank of Commerce Recording Date: August 20, 2020 Recording No: 2020036627, Official Public Records of Nueces County, Texas. 6. Company requires an affidavit of marital history of record owners from the date the land was acquired to the present time. If any marriages have been terminated by death or divorce, Company must determine disposition of said property. Current spouse, if applicable, should join in all documents to be executed in connection with the transaction company is being asked to insure; or affidavit by each spouse that subject property is the separate property of Record Owner and constitutes no part of the business or residential homestead, and that no community funds have been expended regarding the property. Further requirements will be necessary once these facts are known. This report is subject to any name liens, voluntary or involuntary, which may be found on these persons, if any. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C SCHEDULE C (Continued) 7. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the governmental entity named below: Name of Governmental Entity: CITY OF CORPUS CHRISTI, TEXAS a) A copy of its discipline, by-laws or other regulations authorizing real estate transactions. b) A certified copy of the Meeting Minutes (in a recordable form) authorizing the purchase of subject property, authorizing the expenditure of funds, and appointment of parties to act on behalf of said city. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 8. No sales contract was furnished with title order request, therefore, all Terms and Conditions therein must be complied with at Closing. After review, company reserves the right to add additional requirements and/or title exceptions. 9. Survey coverage (amending the survey exception to read "shortages in area" per Procedural Rule P-2) may be provided on an owner or a mortgagee title insurance policy if(1) this Company is provided with a current survey prepared by a registered public surveyor(2)the Seller(or borrower in the case of a refinance transaction) executes our T-47 Survey Affidavit at the time of closing; and, (3) any applicable premium is collected in accordance with Rate Rule R-16. THE SURVEY MUST BE CLEAR AND LEGIBLE, ALSO SIGNED AND SEALED BY THE SURVEYOR IF PRESENTED FOR REVIEW. 10. The conveyance by sellers must be by a "GENERAL WARRANTY DEED" unless approved by company in advance. 11. CLOSING INSTRUCTIONS AND CLOSING PACKAGE MUST BE RECEIVED IN OUR OFFICE 24 HOURS PRIOR TO CLOSING. IF THIS REQUIREMENT IS NOT MET, SAN JACINTO TITLE SERVICES CANNOT GUARANTEE THE DATE AND TIME OF CLOSING. 12. Any lien or liens created in the instruments of conveyance or any security instruments executed in connection with the transaction to be insured will appear as an exception under Schedule B of the policy to be issued and/or as the lien to be insured under Schedule "A" of the Mortgagee Title Policy to be issued, Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C SCHEDULE C (Continued) all of which instruments will be subject to the approval of the company and the wording of the exception in the policy to be issued will be based upon the terms of the instruments. 13. Any defect, lien or other matters that may affect title to the land or interest insured, that arises or is filed after the effective date of this commitment. 14. NOTICE: Title Company is unwilling to issue the Title Policy without the mineral exception(s) set out in Schedule B hereof. Optional Endorsements (T19.2 and T19.3) insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase-Neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. The promulgated cost for each endorsement is $50 on an Owners Title Policy and $0 charge on a Loan Policy 15. Title Company has not received any information that any party to the transaction to be insured hereunder has filed for bankruptcy or any other form of protection from creditors. "Company" reserves the right to amend this commitment and to make additional requirements should any party to such transaction be subject to bankruptcy proceedings or any other form of protection from creditors. "Company"will require all parties to confirm at or prior to closing that they are not subject to any such proceedings. 16. Company reserves the right to revise this commitment and/or to make additional requirements at any time prior to the closing of this transaction. 17. If the Company is to delete the appropriate portion of the standard survey exception and provide a T-19 endorsement, the Company must be provided a survey and field notes from a Registered Public Surveyor on a form and in a manner acceptable to the Company, showing the following: (a) the location of all improvements and showing the exact location of all building lines in relation to the property lines; (b) easements and/or rights of way dedicated or not, that a physical inspection of the Land might disclose; (c) all encroachments, or on the face of the survey, a statement of"No Encroachments." Any survey required in the current transaction must be submitted to the Company for review at least 24 hours prior to closing. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C SCHEDULE C (Continued) The Company reserves the right to make additional exceptions and/or requirements upon receipt and review of said survey. The Texas Title Insurance Information portion of the Commitment for Title Insurance advises you that your policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements if you pay additional premium for the coverage. 18. NOTE: This file must be updated within 24 hours prior to Closing. 19. NOTICE to all buyers, sellers, borrowers, lenders and all parties interested in the transaction covered by this commitment: Effective September 26, 1988, the State Board of Insurance has adopted Procedural Rul P-27 (as amended) which requires that "Good Funds" be received and deposited before a Title Agency may disburse from its trust fund account. 'GOOD FUNDS" means: 1. Cash or Wire Transfers; 2. Certified checks, cashier's checks and teller's checks, as further described in definition "g" of this rule; 3. Uncertified funds in amounts less than $1,500 including checks, traveler's checks, money orders, and negotiable orders of withdrawal, provided multiple items shall not be used to avoid the $1,500 limitation; 4. Uncertified funds in the amount of$1,500 or more, drafter and any other item when collected by the financial institution; 5. State of Texas warrants; 6. United States Treasury checks; 7. Checks drawn on a bank or savings and loan association insured by the FDIC or FSLIC and for which a transaction code has been issued pursuant to, and in compliance with, such bank or savings and loan association; 8. Checks by City and County Governments located in the State of Texas. 20. IMPORTANT NOTICE: ALL FUNDS OVER$10,000 MUST BE IN THE FORM OF A WIRE TRANSFER. WARNING!WIRE FRAUD ADVISORY: San Jacinto Title's wire instructions DO NOT CHANGE. Please call our office to confirm wire instructions before wiring. 21. Except in an exempt transaction,the Company must be furnished with Seller's Social Security Number or Tax Identification Number and all other information necessary to complete IRS Form 1099-S. 22. Beginning January 1, 2004, all deeds, mortgages, and deeds of trust must include the following Notice on Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C SCHEDULE C (Continued) the front page of the document: "NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your Social Security Number or your Driver's License." 23. Company requires that notary seals contained in any document executed on or after January 1, 2016, must include the notary's identification number as required by Texas Government Code§406.013 when the notary public is either(1) a new notary appointee or(2) an existing notary appointee whose appointment has been renewed on or after January 1, 2016. 24. PRIVACY POLICY: This commitment may contain confidential information and is intended solely for the attention and use of the named insured as contemplated by the terms and provisions of this commitment. You are hereby notified that any disclosure, copying, distributing or taking of action in reliance on the information with third parties is prohibited. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C SCHEDULE D Commitment No.: 230246395 GF No.: 230246395 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The following individuals are directors and/or officers of FIDELITY NATIONAL TITLE INSURANCE: Officers: Raymond R. Quirk, CEO/President; Anthony J. Park, EVP/CFO/Treasurer; Marjorie R. Nemzura, VP/Corporate Secretary Directors: Steven G. Day, Marjorie R. Nemzura, Michael J. Nolan, Anthony J. Park, Raymond R. Quirk Shareholders: Fidelity National Title Group, Inc., which is owned 100% by FNTG Holdings, LLC which is owned 100% by Fidelity National Financial, Inc. 2. The following disclosures are made by the Title Insurance Agent issuing this commitment: (A) The name of each shareholder, owner, partner or other persons having, owing or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP (B) Each shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP is owned by E. Brent Bottom and Stephanie H. Bottom. (C) The following persons are officers and directors of the Title Insurance Agent: E. Brent Bottom, Chief Executive Officer Stephanie H. Bottom, Vice President E. Brendon Bottom, Vice President Shelly Cristan-Grahmann, Vice President Gracie P. Herrera, Vice President/Comptroller Lynn Leising, Vice President Andrea Liberatore, Vice President Nancy Massaro, Vice President/Administration Clinton Ramey, Vice President Nelda Rodriguez, Vice President Mark Scott, President Coastal Bend Region Channing Slusher, Vice President Jennifer Slusher, Vice President Jason B. Smith, Vice President Melanie Smith, Vice President 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule D SCHEDULE D (Continued) transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium*is: Total $ 0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services % Services Rendered *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule D Commitment No.: 230246395 GF No.: 230246395 LEGAL DESCRIPTION Field Notes for a 68.2 acres, more or less, out of the G.C. &S.F.R.R. Co., Survey No. 315, Abstract 818, Nueces County, Texas, described in that certain Partition Deed dated February 7, 1945, by and between Martha J. Scogin, et al, recorded in Votume 310, Page 182, of the Deed Records of Nueces County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a metal spur on the centerline of McGloin Road for the Southwest corner of Share 4, Margaret Kelly Land, recorded in Volume 8, Page 40, Map Records of Nuees County, Texas, also the Southeast corner of this tract and POINT for the Southwest corner Map Records of Nueces OF BEGINNING; THENCE North 01' 20' 00"West 40.00 feet pass a 60 penny nail found, in all a total distance of 3720.51 feet to a 5/8 inch iron rod found for the Northwest corner of this tract; THENCE North 88° 40' 00" East along the boundary line of Christi International Airport, for a distance of 806.90 feet to a 5/8 inch iron rod found, the Northeast corner of this tract; THENCE South 01° 20' 00" East along the boundary line of Corpus Christi International Airport at 360.51 feet pass the North R.O.W. line of McGloin Road, in all a distance of 3720.51 feet to a 5/8 inch iron rod, for the Southeast corner of this; THENCE South 88° 40' 00"West along the centerline of McGloin Road, for a distance of 806.90 feet to the POINT OF BEGINNING, containing 68.2 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Legal Description TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. EI seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. EI Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de tfitulo. EI Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo complemente antes de la fecha para finalizar su transaccion. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy(the Policy), the title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding laws, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined below. EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Title Insurance Information TEXAS TITLE INSURANCE INFORMATION (Continued) You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at (800) 925-0965 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling (800)252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Title Insurance Information DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Commitment No.: 230246395 GF No.: 230246395 ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Deletion of Arbitration Provision IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER (800) 925-0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT (800)252-3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 AVISO IMPORTANTE PARA INFORMACION, O PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS (800) 925-0965 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL (800)252-3439 para obtener informacion sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Important Notice DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Real Estate Sales Contract This Contract is entered into by Mike S. Ramirez and David S. Ramirez, herein called "Seller" and the CITY OF CORPUS CHRISTI,a Texas home rule municipal corporation,P.O.Box 9277, Corpus Christi,Nueces County, Texas 78469-9277 herein called 'Buyer". 1. Property. Seller,for the consideration and under the terms set out herein,agrees to convey to Buyer the fee simple interest in the properties described below together with all rights, privileges, and appurtenances pertaining to the property situated in Nueces County,Texas: Field Notes for a 68.2 acre tract of land, more or less, out of the G. C. & S.F.R.R. Co., Survey No. 315, Abstract 818 described in that certain Partition Deed dated February 7, 1945, by and between Martha J. Scogin, et al, recorded in Volume 310, Page 182, of the Deed Records of Nueces County, Texas, more particularly described by the metes and bounds property description attached hereto and made a part hereof for all purposes as Exhibit A. 2. Purchase Price. At closing,Buyer agrees to pay $678,000.00 cash to Seller. 3. Title Insurance. The Seller must provide, at Buyer's expense,a title insurance policy that guarantees good and indefeasible title to the Property,without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims.A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy.The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company,with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. At the closing. Seller must execute and deliver a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer,and Buyer must make the cash payment to Seller. Buyer will pay one-half escrow fee, document preparation fees, and recording fees. Seller will pay any costs to cure title,one-half of escrow fee,and deed preparation fee. At closing, Seller must convey the Property with no liens, assessments, or any security interests against the Property;and with no persons in possession on any part of the Property as tenants, lessees, or tenants at sufferance, or trespassers. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2022. All property taxes for the year 2023, if any due and payable or incurred for the year,will be prorated between the Buyer and the Seller from January 1,2023,to the date of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company, and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller shall promptly execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits$500.00 with the Title Company as Earnest Money,which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Time for Performance. This transaction will be closed and completed through the Title Company on or before 90 days from the effective date of this Contract. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council, if required, and executed by the City Manager of the City of Corpus Christi, Texas, or designee. 8. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 9. 60-Day Inspection Period. Buyer shall have 60 days (the "60-Day Inspection Period") from the effective date of the contract hereof to notify Seller of Buyer's election,in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours, and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60-Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60-Day Inspection Period, and at Buyer's sole expense,Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys,environmental site analysis,engineering studies,wetland studies,soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or 2 injury to the Property. Upon termination of this Contract,Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within 10 days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require;(iv)not interfere with existing operations or occupants of the Property;and(v)restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. b. Environmental Condition of Property. Definitions. "Environmental Law"shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property,including without limitation,the Resource Conservation and Recovery Act of 1976,the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended by the Superfund Amendments and Reauthorization Act of 1986,the Federal Water Pollution Control Act,the C1earAirAct,the Clear Water Act,the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer,in Buyer's sole discretion,to inspect the Property,including but not limited to an Environmental Site Analysis(ESA)Phase I and Phase I1,to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals,or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure,Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 10. Broker Commission. Seller is responsible for payment of all broker's fees and 3 commissions incurred in connection with the sale of this property. 11. Possession. At the Closing,the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. 12. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority;No Conflict. Seller has the absolute and unrestricted right,power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract(such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary,all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under,any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order,judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials(as defined in Section 10(b)), contains any underground storage tanks,or is not in full compliance with all Environmental Laws (as defined in Section 10(b)). Title to Property. Seller has full and complete fee simple title to the Property,subject only to the liens and encumbrances, if any,disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person,corporation,or other entity has or,on the date of Closing,shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regulations, statutes,rules and restrictions relating to the Property. 13. Essential. Time is of the essence in closing this transaction. 4 14. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 15. Notices. All Notices between the parties under this contract must be in writing and are effective when hand delivered, or deposited for mail by certified mail, or deposited by regular mail,to the following: To Seller: Mike S. Ramirez David S. Ramirez 4022 Waldron Road 2120 Old Port Isabel Road Corpus Christi,Texas 78418 Brownsville,Texas 78521 To Buyer: City of Corpus Christi Attn: Director of Engineering Services P.O. Box 9277 Corpus Christi,Texas 78469-9277 16. Counterparts: Multiple original copies of this contract may be executed,and the execution of this contract may be through the execution by the parties of separate counterparts.Ail of the original copies of this contract together shall constitute one agreement,binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract,such that each such original copy of this contract shall consist of(i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. SELLER Mike irez avid S.Ramirez 5 BUYER CITY OF CORPUS CHRISTI,TEXAS By: JEFF H. EDMONDS,P.E. DIRECTOR OF ENGINEERING SERVICES APPROVED AS TO LEGAL FORM THIS DAY OF , 2023. FOR THE CITY ATTORNEY Janet Whitehead, Assistant City Attorney 6 EXHIBIT "A" Field Notes for a 68.2 acres,more or less,out of the G.C.&S.F.R.R. Co.,Survey No.315, Abstract 818,described in that certain Partition Deed dated February 7,1945,by and between Martha J. Scogin,et al,recorded in Volume 310,Page 182,of the Deed Records of Nueces County,Texas, more particularly described by metes and bounds as follows: BEGINNING at a metal spur on the centerline of McGloin Road for the Southwest corner of Share 4,Margaret Kelly Land,recorded in Volume 8,Page 40,Map Records of Nueces County,Texas,also the Southeast corner of this tract and POINT OF BEGINNING; THENCE, North 01 degrees 20 minutes 00 seconds West at 40.0 feet pass a 60 penny nail found,in all a total distance of 3720.51 feet to a 518 inch iron rod found for the Northwest corner of this tract; THENCE, North 88 degrees 40 minutes 00 seconds East along the boundary line of Corpus Christi International Airport,for a distance of 806.90 feet to a 5/8 inch iron rod found,for the Northeast corner of this tract; THENCE, South 01 degrees 20 minutes 00 seconds Est along the boundary line of Corpus Christi International Airport at 360.51 feet pass the North R.O.W line of McGloin Road,in all a distance of 3720.51 feet to a 5/8 inch iron rod,for the Southeast corner of this tract; THENCE, South 88 degrees 40 minutes 00 seconds West along the centerline of McGloin Road,for a distance of 806.90 feet to the POINT OF BEGINNING, containing 68.2 acres of land, more or less. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council Meeting November 14, 2023 1852 Second Reading for the City Council Meeting November 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(o-)-cctexas.com 361-826-7202 Acceptance of the Sexually Transmitted Diseases/Human Immunodeficiency Virus (STD/HIV) Prevention Services Contract for the Corpus Christi — Nueces County Public Health District in the amount of$105,208 and appropriation of the funds for the contract period of January 1, 2024, through December 31, 2024 CAPTION: Ordinance appropriating $105,208.00 into the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Texas Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024; and authorizing one grant position. The total of the Revised Contract, which began on March 1, 2022, shall not exceed $388,000.00. SUMMARY: The grant award is to be used to provide for personnel costs, supplies, and other expenses to offer STD/HIV services and associated activities related to the STD/HIV-DIS Prevention program within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). The STD/HIV Prevention Services Grant began on March 1, 2022. This is the fourth amendment to the grant. This amendment extends the contract term for an additional calendar year. BACKGROUND AND FINDINGS: The primary purpose of the STD/HIV Prevention Services Grant is to investigate and report new cases of Syphilis and HIV to DSHS, to intervene in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea through testing, treatment, and disease investigation, and to prevent cases of congenital syphilis through disease reporting, disease investigation, and disease intervention. The STD/HIV Prevention Services Grant employs one full-time equivalent employee. The source of the grant is DSHS. The overall budget for the grant is $105,208. The budget consists of$87,822 for personnel (including salary and fringe), $1,886 for travel (including mileage for field visits to clients), $5,000 for computer equipment, and $10,500 for clinical supplies. The STD/HIV Prevention Services Grant serves Nueces, Kleberg, Aransas, Refugio, and San Patricio counties for communicable disease reporting and investigations. The STD/HIV-DIS Prevention Services Program Grant began on March 1, 2022. Since that time, the contract has had 4 amendments. These amendments included supplemental funding increases and the renewal of the contract every year. An overview of the grant is shown in the following table. Figure 1 STD/HIV-DIS Prevention Services Program Grant History. Time Period Allocated Funding/Budget Notes 3-1-2022 to 8-31-2022 52,604 Original Contract 8-1-2022 to 12-31-2022 52,604 Amendment 1 1-1-2022 to 12-31-2022 72,379 (Supplemental, Amendment 2 one-time funding allocation for equipment) 1-1-2023 to 12-31-2023 105,208 Amendment 3 1-1-2024 to 12-31-2024 105,208 Amendment 4 Revised Contract total not-to-exceed Contract amount of$388,000.00 ALTERNATIVES: Refuse the STD/HIV Prevention Services Grant and reduce the ability to investigate new cases of Syphilis and HIV, to intervene in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea to prevent cases of congenital syphilis. FISCAL IMPACT: No fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831803F Department Number: 15 Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract HHS001120300007, Amendment 4, STD/HIV-DIS Prevention Services Program Grant Ordinance Certification of Funds Ordinance appropriating $105,208.00 in the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024. WHEREAS, the City Manager or designee (Director of the CCNCPHD) is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and WHEREAS, the Texas Department of State Health Services has awarded an additional $105,208.00 for Contract No. HHS001120300007 to provide STD/HIV prevention and control services for calendar year 2024. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funds in the amount of $105,208.00 is appropriated in the No. 1066 Health Grants Fund to provide STD/HIV prevention and control services for calendar year 2024. SECTION 2. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS001120300007 AMENDMENT NO. 4 The DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or"DSHS") a pass-through entity, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY ("Grantee"), each a "Party" and collectively the "Parties" to that certain grant contract to control and prevent the spread of Sexually Transmitted Diseases (STDs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and viral hepatitis under the STD/HIV-DIS Prevention Services Program, effective March 1, 2022, and denominated DSHS Contract No. HHS001120300007 ("Contract"), as amended, now desire to further amend the Contract. WHEREAS, the Parties desire to extend the Contract term; WHEREAS, DSHS desires to add funds to the Contract for services provided in Calendar Year 2024; and WHEREAS, DSHS desires to update the project requirements in the Statement of Work to align with project goals. Now,THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. ARTICLE 111,DURATION, of the Contract is amended to reflect a revised termination date of December 31,2024. 2. ARTICLE IV, BUDGET, of the Contract is revised to increase the Contract amount by $105,208.00 for the 2024 Calendar Year, resulting in a revised total not-to-exceed Contract amount of $388,000.00. All expenditures for the 2024 Calendar Year will be in accordance with ATTACHMENT B-4,BUDGET FOR 2024 CALENDAR YEAR. 3. ATTACHMENT A-1, REVISED STATEMENT OF WORK, is deleted in its entirety and replaced with ATTACHMENT A-2, REVISED STATEMENT OF WORK (SEPTEMBER 2023), which is attached to this Amendment and incorporated into and made part of the Contract for all purposes. 4. ATTACHMENT B-4,BUDGET FOR 2024 CALENDAR YEAR,is attached to this Amendment and incorporated into and made part of the Contract for all purposes. 5. This Amendment is effective as of January 1, 2024. 6. Except as modified by this Amendment, all terms and conditions of the Contract, as previously amended, shall remain in full force and effect. 7. Any further revisions to the Contract shall be by written agreement of the Parties. P.O. Box 149347 •Austin,Texas 78714-9347• Phone:888-963-7111 • TTY:800-735-2989 • dshs.texas.gov DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F 8. Each Parry represents and warrants that the person executing this Amendment on its behalf has full power and authority to enter into this Amendment. SIGNATURE PAGE FOLLOWS DSHS Contract No.HHS001120300007 Page 2 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F SIGNATURE PAGE FOR AMENDMENT No. 4 DSHS CONTRACT No. HHS001120300007 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) By: By: Printed Name: Printed Name: Title: Title: Date of Signature: Date of Signature: DSHS Contract No.HHS001120300007 Page 3 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F ATTACHMENT A-2 REVISED STATEMENT OF WORK(SEPTEMBER 2023) I. GRANTEE RESPONSIBILITIES A. Grantee shall conduct programs, as described herein, to control and prevent the spread of Sexually Transmitted Infections (STIs), including human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) and viral hepatitis, in accordance with the Centers for Disease Control and Prevention (CDC) STD Program Operations Guidelines, located at: hlt2://www.cdc.gov/std/program/gl-2001.htm. B. Grantee shall perform the following seven (7) core activities: 1. Community and Individual Behavior Change Interventions; 2. Medical and Laboratory Services; 3. Partner Services; 4. Leadership and Program Management; 5. Surveillance and Data Management; 6. Training and Professional Development; and 7. Program Evaluation. C. Grantee shall maintain written program procedures covering the seven (7) core activities. All procedures must be consistent with the requirements of this Contract. D. Grantee shall perform the activities required under this Contract in the service area designated in this Contract. Service area includes the following county(ies): Refugio, Aransas, Nueces, Kleberg, San Patricio. E. Grantee shall designate one staff member to be a Local Responsible Party (LRP), who will be responsible overall for ensuring the security of the confidential HIV/STI information the Grantee maintains pursuant to this Contract. F. Grantee shall comply with all applicable federal and state policies, standards, and guidelines. The following documents are incorporated into this Contract by reference: 1. DSHS HIV and STD Program Operating Procedures and Standards(POPS), located at: http://www.dshs.texas.gov/hivstd/pops/default.shtm; 2. DSHS TB/HIV/STD and Viral Hepatitis Unit Security Policies and Procedures, located at: hllp://www.dshs.texas.gov/hivstd/policy/securily.shtm, 3. CDC STD Program Operations Guidelines, located at: http://www.cdc._ovg /std/pro_rg am/gl-2001.htm; 4. CDC STD Treatment Guidelines, located at: hllp://www.cdc.gov/std/treatment/; and 5. DSHS HIV and STD Program Policy Reporting Suspected Abuse and Neglect of Children, located at: hlt2s://www.dshs.texas.gov/childabusereporting/default.shtm. G. Grantee shall comply with all applicable federal and state regulations and statutes, as amended, which are incorporated by reference, including, but not limited to: DSHS Contract No. HHS001120300007 Page 5 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F 1. Chapters 81 and 85 of the Texas Health and Safety Code, especially Section 85.085 of the Texas Health and Safety Code (Physician Supervision of Medical Care), which requires that a licensed physician supervise any medical care or procedure provided under a testing program as required by law; 2. Chapter 94 of the Texas Health and Safety Code (relating to Education and Prevention Programs for Hepatitis C); 3. Chapter 98 of the Texas Health and Safety Code (relating to the reporting of Sexually Transmitted Diseases including Human Immunodeficiency Virus); 4. Title 25 Texas Administrative Code (TAC) Chapter 97; and 5. Section 531.02161 of the Texas Government Code, as an update to provision of services, where there is delivery of an in-person service, there must also be an option of that service by telecommunications or through the use of information technology. H. Grantee shall perform all activities in accordance with the terms of this Contract and any subsequent instructions from DSHS. Grantee shall request DSHS written approval before diverting from applicable policies, procedures, and protocols and must update its implementation documentation within forty-eight (48) hours of making approved change(s). Changes must not be implemented unless DSHS written approval is provided to Grantee. L Performance measures will be used to assess, in part, Grantee's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of the Contract. J. Grantee shall provide clinical services in accordance with Chapter 12 of DSHS HIV/STD Program POPS for examining,testing, and treating individuals served in public STD clinics. If data indicates that less than 90% of individuals served were examined,tested and/or treated for STD(s)as medically appropriate,within twenty- four (24) hours of seeking services, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. K. Grantee shall ensure that individuals seeking STD diagnostic and/or treatment services in public STD clinics are medically managed according to Grantee written protocols and in compliance with DSHS HIV/STD Program POPS, and with CDC STD Treatment Guidelines 2021, as revised. L. Grantee shall ensure that individuals seeking STD diagnostic and/or treatment services in public STD clinics will be referred for Pre-Exposure Prophylaxis/Non- Occupational Post-Exposure Prophylaxis (PrEP/nPEP) services if at increased risk for HIV but currently HIV negative. Individuals to be prioritized for PrEP referrals include: Men who have Sex with Men (MSM) with rectal GC and/or syphilis; individuals who have an HIV+partner; individuals in the social-sexual network of an identified HIV genotype cluster; and others at increased risk for HIV who could benefit from PrEP. DSHS Contract No.HHS001120300007 Page 6 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F M. Grantee shall ensure that individuals seeking STD diagnostic and/or treatment services in public STD clinics, who have been previously diagnosed with HIV and have no evidence of care for more than 12 months, be referred to a DIS or other linkage worker to ensure they are re-engaged into HIV medical care. N. Grantee shall explore mechanisms to expand testing and awareness of STDs via home testing and home self-collection kits and self-collection. O. Grantee shall explore mechanisms to use telemedicine or telehealth for individuals seeking STD diagnostic and treatment services and/or PrEP/nPEP services. P. Grantee shall ensure that a complaint process is maintained and posted in the areas where services are provided, in accordance with Chapter 12 (STI Clinical Standards) of the DSHS HIV/STD Program POPS. Q. Grantee shall maintain a staff retention policy. R. Grantee shall provide routine staffing updates for vacant positions, in accordance with DSHS required format and schedule for reporting. S. Grantee shall participate in targeted evaluation activities and other projects as required by DSHS or CDC. T. Grantee shall ensure that the client survey is conducted at a minimum of two (2) times per year for a total of thirty (30) days. The summary of the feedback must be available for review and identified concerns must be addressed within thirty (30) days of the feedback period. U. Grantee shall establish and maintain mutually agreed upon written procedures with local providers to ensure the provision of partner services in accordance with DSHS HIV/STD Program POPS. The procedures must specify processes (e.g., communication) to facilitate timely partner elicitation by the local health department following the delivery of HIV-positive test results to clients by Grantee. V. Grantee shall establish and maintain mutually agreed upon written procedures with local agencies who provide services frequently needed by clients seeking HIV/STD services from Grantee in accordance with DSHS HIV/STD Program POPS. The procedures must specify processes(e.g.,communication)to facilitate timely partner elicitation by the local health department following the delivery of HIV-positive test results to clients by Grantee including, but not limited to, the following services: 1. HIV testing and counseling; 2. STD clinical services; 3. Partner services; 4. HIV medical and support services; 5. Substance use treatment services; 6. Harm reduction services; and 7. Mental health services. At a minimum, such procedures must address conditions associated with making and accepting client referrals. If Grantee provides all of the services in Subsections I V 1-7 herein in a specific geographic area, no such agreement is necessary for DSHS Contract No.HHS001120300007 Page 7 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F that area. Grantee shall maintain complete records of all referrals made. These procedures must be finalized and in place within thirty (30) days from the effective date of this Contract. W. Grantee shall ensure that performance of activities under this Contract is of a high quality and consistent with all the requirements of this Contract. X. Grantee shall conduct regular assessments of Grantee's performance, including compliance with DSHS Program procedures, policies and guidance, contractual conditions, attainment of performance measures, maintenance of adequate staff, and submission of required data and narrative reports. Failure to comply with stated requirements and contractual conditions may result in the immediate loss of Contract funds at the discretion of DSHS. Y. Grantee shall ensure that all staff designated to provide HIV and/or syphilis screening(s) by collecting blood-based specimens, in both field and clinical settings, complete DSHS-approved training prior to providing such services. Supplemental testing must be collected by venipuncture immediately, on site, after a point-of-care preliminary positive test result. Grantee staff shall offer and perform these tests unless the client refuses. HIV and syphilis specimens may be submitted through the DSHS public health laboratory or another laboratory designated by the Grantee and approved in advance by DSHS. Z. Grantee shall ensure that all staff designated to deliver all HIV and/or STD results including positive results, in both field and clinical settings, complete DSHS- approved training prior to providing such services. AA. Grantee shall ensure that all staff conducting field work and designated to disclose the reason s/he is contacting persons(e.g., exposure to someone who tested positive for HIV and wanted to ensure s/he had the ability to be tested, positive test results were received from a provider, laboratory, life insurance company, etc.) complete DSHS-approved training prior to provided such services. BB. Grantee shall ensure that staff performing under this Contract deliver all reactive test results within the designated timeframes referenced in the DSHS HIV/STD Program POPS. Grantee staff shall ensure the client understands the infection(s) s/he has tested reactive for, is offered appropriate treatment for his/her infection(s) and is linked to other medical and social resources as appropriate (e.g., HIV testing and counseling;Pre-Exposure Prophylaxis(PrEP); Harm Reduction Services; STD clinical services;partner services;HIV medical and support services; substance use treatment services; and mental health services). CC. Grantee staff operating under this Contract may be reassigned by DSHS or Grantee to respond to Grantee's rapid response efforts or another PHFU program's response to address and intervene in the transmission of reportable STDs, HIV and/or other infections. DD. Grantee shall ensure that staff attend training identified by DSHS to respond to activities. The training will include planning, implementation and evaluation of rapid response activities. EE.Grantee shall maintain training records and ensure that staff complete and continue training as required by DSHS. DSHS Contract No.HHS001120300007 Page 8 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F H. PERFORMANCE MEASURES A. Overview. Grantee shall follow the requirements for each of the STD Program Objectives in DSHS HIV and STD POPS, with special emphasis on outcomes excerpted below.If the data submitted by Grantee(or otherwise obtained by DSHS) indicates the Grantee's performance does not meet the standards stated in one (1) or more of the objectives, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve performance and Grantee must implement these measures according to a timetable directed by DSHS. B. Public Health Follow-Up (PHFU) Program Objectives 1. For Syphilis Objectives: a. Grantee shall ensure that all individuals newly diagnosed with early syphilis are interviewed within three (3) days of assignment. If data indicates less than 80% of individuals newly diagnosed with early syphilis covered by the scope of this Contract are interviewed as described,DSHS may, at its sole discretion,require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. "Early syphilis" means all syphilis cases that are determined to be primary, secondary, or early non- primary/non-secondary syphilis. The CDC definition of syphilis is located at: https://ndc.services.cdc.gov/case-definitions/syphilis-2018/. b. Grantee shall achieve a partner index of at least 2.0 for all interviews conducted on individuals newly diagnosed with early syphilis. If data indicates less than a 2.0 partner index for all interviews conducted for early syphilis by Disease Intervention Specialists (DIS), DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. c. Grantee shall ensure that all partners initiated (partners obtained from the interview/case management process with locating information as outlined by Chapter 9 (Disease Intervention Specialist Performance Standards) of the DSHS HIV/STD Program POPS to attempt notification on early syphilis interviews)) are notified of the disease exposure. If data indicates less than .75 partner notification index for all initiated partners,DSHS may,at its sole discretion,require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. d. Grantee shall ensure that all partners notified of syphilis exposure are tested and treated for syphilis, including incubating syphilis (disease intervention index). If data indicates less than 60% of notified partners are tested and treated as described, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that DSHS Contract No.HHS001120300007 Page 9 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. e. Grantee shall ensure that a treatment index of at least 0.75 is achieved for all interviews conducted on individuals newly diagnosed with early syphilis. If data indicates less than 0.75 treatment index, DSHS may(at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. £ Grantee shall ensure that 80% of pregnant women with syphilis are identified and treated appropriately and timely to prevent congenital syphilis. g. Grantee shall ensure that all infants born to a woman with a history of syphilis in their jurisdiction are investigated and reported within 30 days of receiving report of birth as outlined by DSHS HIV/STI Program POPS, Chapter 23. h. For people of childbearing capacity, Grantee shall maintain a procedure to provide technical assistance and guidance for providers and systems of care that ensures testing for syphilis is conducted, at a minimum, at the first prenatal visit, during third trimester, and at delivery as required by Chapter 81, Texas Health and Safety Code, Section 81.090. i. Grantee shall ensure that all people of childbearing capacity have a documented pregnancy status. If data suggests that less than 90% of people of childbearing capacity with reactive syphilis labs and less than 80% of notified partners, suspects and contacts of childbearing capacity have a documented pregnancy status, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. 2. For HIV Objectives: a. Grantee shall ensure that all individuals newly diagnosed with HIV will be interviewed within seven (7) days in accordance with DSHS HIV/STD Program POPS. If data indicates less than 80%of individuals newly diagnosed with HIV are interviewed as described, DSHS may(at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. b. Grantee shall ensure that all individuals interviewed who have been newly diagnosed with HIV complete their first HIV medical appointment. If data indicates less than 85% of new HIV-positive clients interviewed complete their first HIV medical appointment, DSHS may (at its sole discretion)require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee DSHS Contract No.HHS001120300007 Page 10 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F must follow those additional measures, and do so according to the timetable mandated by DSHS. c. Grantee shall achieve a partner index of at least 2.0 for interviews conducted on individuals newly diagnosed with HIV. If data indicates a partner index of less than 2.0 for individuals interviewed by DIS, DSHS may (at its sole discretion)require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. d. Grantee shall ensure that all partners initiated (partners obtained from the interview/case management process with enough locating information to attempt notification)on a new HIV interview are notified of the disease exposure. If data indicates less than 0.75 partner notification index, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. e. Grantee shall ensure that all partners notified for HIV exposure are tested for HIV. If data indicates less than 60% of the notified partners are tested for HIV, DSHS may (at its sole discretion) require additional measures be taken by Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. f. Grantee shall ensure that all persons receiving PHFU(initiated partners, those co-infected with a bacterial STD such as syphilis, gonorrhea, and/or chlamydia, and/or individuals in the social-sexual network of an identified HIV genotype cluster) who have been previously diagnosed with HIV and have no evidence of care for more than 12 months are re- engaged to establish HIV medical services. The activities taken to locate the person must be documented in the designated data system. This includes confirmation that the client attended his/her HIV medical care appointment. All the tasks described in this provision must be completed by a Disease Intervention Specialist(DIS). C. STD Surveillance Objectives 1. Grantee shall ensure 95% of the values for age, sex, county, facility type, and specimen collection date are collected for syphilis reporting. 2. Grantee shall ensure 95% of the values for age, sex, county, facility type, specimen collection date,race/ethnicity, gender identity, sexual orientation, sex of sex partners, pregnancy status, clinical signs/symptoms, HIV status, substance use, treatment received, and date of treatment are collected for primary and secondary syphilis reporting. 3. Grantee shall ensure 75% of syphilis cases have a documented adverse outcome status (possible, likely, verified, no) for neurological, ocular and otic manifestations. DSHS Contract No.HHS001120300007 Page 11 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F III. TRAINING REQUIREMENTS A. Grantee shall ensure that staff comply with minimum training requirements of personnel operating under this Contract. Compliance will be monitored by DSHS. B. Grantee shall notify DSHS of completed trainings in the Semiannual reports referenced in Section IV, Reporting Requirements, herein. C. Grantee shall require their staff to attend and ensure attendance of training, conferences, and meetings as directed by DSHS and described in this Section. D. DIS staff members must: 1. Read and acknowledge Chapters 3 (HIV/STI Partner Services and Seropositive Notification) and 9 (Disease Intervention Specialists Performance Standards) of the DSHS HIV/STD Program POPS; 2. Complete DSHS-approved Fundamentals of STD Intervention (FSTDI), including all prerequisites, within six (6) months of employment; 3. Complete DSHS-approved Fundamentals of Counseling and Testing (FCT) or equivalent within six (6)months of employment; 4. Complete training in, and demonstrate knowledge of, the designated database management system; 5. Participate in the HIV Navigation in Texas (HNT) within one (1) year of employment; 6. Complete field specimen collection and phlebotomy training that has been approved by the local health authority or clinical designee within sixty(60)days of employment; 7. Demonstrate phlebotomy and specimen collection skills and competency before field specimen collection and annually thereafter. The Grantee shall maintain records of the completed training(s) and skills competency evaluations; 8. Complete training for all locally sanctioned testing technologies used for specimen collection and processing; 9. If having more than one (1) year of experience, complete additional courses as required by DSHS; and 10. If assigned to complete Congenital Syphilis (CS) Investigations, complete CS trainings as directed by the CS Coordinator. E. First-Line Supervisors (FLS) staff must: 1. Read and acknowledge Chapters 10 (First-Line Supervisors Performance Standards) and 11 (Regional and Local Health Department HIV/STD Program Manager Performance Standards); 2. Complete all training activities which are required for DIS under this Contract, and FLS must also take the next available Texas First-Line Supervisor(TXFLS) training; 3. If new to the jurisdiction,participate in the HIV Navigation in Texas within one (1)year of employment; 4. Attend the DSHS FLS Summit; DSHS Contract No.HHS001120300007 Page 12 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F 5. Attend quarterly DSHS FLS calls; 6. Attend any other required DSHS trainings, as scheduled; and 7. If assigned to review and approve Congenital Syphilis (CS) Investigations, complete CS trainings as directed by the CS Coordinator. F. Program Manager(PM) staff members must: 1. Read and demonstrate understanding of the following DSHS HIV/STD Program POPS chapters: Chapter 3 (HIV/STI Partner Services and Seropositive Notification), Chapter 9 (Disease Intervention Specialists Performance Standards), Chapter 10 (First-Line Supervisors Performance Standards), and Chapter 11 (Regional and Local Health Department HIV/ Program Manager Performance Standards); 2. Complete all training requirements of DIS and FLS; 3. Attend DSHS Leadership Meeting; and 4. Attend monthly DSHS Leadership calls. G. STD Surveillance staff members must: 1. Read and acknowledge Chapter 8 (HIV/STI Surveillance) of DSHS HIV/STD Program POPS; 2. Attend STD Surveillance training, as scheduled by DSHS; 3. Attend STD Surveillance monthly meetings, as scheduled by DSHS; and 4. Attend any other DSHS-required trainings. H. Additional recommended trainings and topics for all program staff include: 1. Health Insurance Portability and Accountability Act(HIPAA); 2. Ethics; 3. Field Safety; 4. Health Disparities; 5. Cultural Humility; 6. CPR/First Aid; 7. Automated External Defibrillators (AED); 8. Defensive Driving; 9. Approaches in Harm Reduction; 10. Self-Defense; 11. Non-Violent Crisis Intervention; 12. Status Neutral Biomedical Approaches to HIV Prevention (Early Intervention, PrEP, nPEP); 13. Motivational Interviewing; 14. Technical Writing; 15. Computer Skills; 16. Linkage to Care; 17. Gender and Sexual Diversity; 18. HIV Care and Treatment; 19. Human Trafficking; 20. Substance Use; 21. Mental Health; and 22. Case Notes Documentation. DSHS Contract No.HHS001120300007 Page 13 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F IV. CONFIDENTIALITY A. Grantee shall designate and identify a HIPAA Privacy Officer,who is authorized to act on behalf of Grantee and is responsible for the development and implementation of the privacy and security requirements of federal and state privacy laws. B. Grantee shall ensure that its security procedures require that all of its computers and networks meet DSHS security standards, as certified by DSHS IT staff. C. Grantee shall provide a list to DSHS of personnel with access to secured areas and of all identified personnel who have received security training. D. Grantee shall provide a list to DSHS of personnel with access to all network drives where confidential information is stored and of all identified personnel who have received security training. E. Grantee shall ensure that requests for HIV/STD system user account terminations are sent to DSHS within one business day of the identification of need for account termination. F. Grantee shall transfer secure data electronically using the Public Health Information Network. G. Grantee shall maintain a visitors' log for individuals entering the secured areas; this must be reviewed quarterly by the LRP. H. Grantee shall verify HIV/STD system user passwords are changed at least every ninety (90) days; this must be verified by the LRP. I. Grantee shall ensure that portable devices used to store confidential data are approved by the LRP and encrypted. J. Grantee shall ensure that confidential data and documents are: (1) maintained in a secured area; (2) locked when not in use; (3) not left in plain sight; and (4) shredded before disposal. V. HIV/STD RAPID RESPONSE PLAN A. DSHS will review the proposed Rapid Response Plan and provide guidance to the Grantee. B. Grantee shall develop,update, and submit a local HIV/STD Rapid Response Plan, and submit by February 1 of each year of the Contract to the designated DSHS staff. The plan must include how the Grantee will: 1. Identify responsible parties for planned activities including, but not limited to, response coordinator, activity team lead, collaborative lead, and medical lead; 2. Identify increases in disease or outbreaks; DSHS Contract No.HHS001120300007 Page 14 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F 3. Increase active surveillance; 4. Examine outbreak characteristics; 5. Educate health care providers and the community of disease outbreak (e.g., including signs/symptoms, available resources, disease trends, reporting requirements, testing algorithms, and testing/treatment options); 6. Inform media outlets, as appropriate; 7. Conduct targeted screening efforts including testing in correctional settings (as appropriate); 8. Enhance partner services; 9. Expand clinical access and services(e.g.,increase clinical hours or days of services, employ rapid testing, enhance prophylactic treatment protocols); and 10. Adjust work hours for employees involved in the response to allow staff to work alternate hours or extended hours during response. C. Grantee shall establish and maintain collaborative relationships with local businesses, community clinics, and community-based organizations who serve populations most affected by HIV or other STDs, as well as with appropriate local and institutional individuals and groups (e.g., providers, hospitals, mental health and intellectually disabled facilities, infection control nurses), in order to implement the local Rapid Response Plan. D. Grantee shall continue to enhance their current HIV/STD surveillance system, including, but not limited to, improving reporting of providers and laboratories; and increasing the number of sites that report electronically. E. Grantee shall make all DSHS-directed revisions to the Rapid Response Plan and submit a revised version to the DSHS designated program consultant by the directed deadline. F. Grantee shall notify local leadership and key stakeholders of the finalized plan and maintain a copy within the Program. G. Grantee shall comply with the final, DSHS-approved version of the Rapid Response Plan when an outbreak is identified. H. Grantee shall designate program DIS persons to respond to local and statewide rapid response activities when necessary. The identified staff must complete DSHS identified trainings prior to assignment. The number of staff will be as directed by the DSHS Rapid Response Team leader, to conduct disease intervention activities as prescribed in the Grantee's final, approved STD Rapid Response Plan. I. Grantee shall participate in, follow guidelines for, and complete HIV cluster response activities for preventing and managing HIV outbreaks according to the Texas Cluster Detection and Response Plan. Grantee will designate staff members to respond to cluster assignments as directed by the Texas Cluster Detection Response Team. DSHS Contract No.HHS001120300007 Page 15 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F VI. REPORTING REQUIREMENTS A. Grantee shall submit reports to DSHS in accordance with the schedule outlined in this section for the corresponding calendar year. B. CALENDAR YEAR 2022 REPORTING: REPORT NAME FREQUENCY PERIOD PERIOD DUE DATE STARTS ENDS Semiannual Report First six (6) 03/01/2022 08/31/2022 09/30/2022 months Semiannual Report Remaining five 09/01/2022 01/31/2023 02/28/2023 (5)months Congenital Syphilis Monthly 03/01/2022 01/31/2023 Due thirty (30) calendar Case Investigation days after period being and Infant Syphilis reported. Control Records Note: This Report is submitted through THISIS and is subject to HIPAA and PHI data requirements. Local Responsible First six (6) 03/01/2022 08/31/2022 09/30/2022 Party (LRP) Report months Final LRP Report Remaining five 09/01/2022 01/31/2023 02/28/2023 (5)months Financial Status Biannually 03/01/2022 08/31/2022 09/30/2022 Report(FSR) Final FSR Remaining five 09/01/2022 01/31/2023 03/15/2023 (5)months C. CALENDAR YEAR 2023 REPORTING: REPORT NAME FREQUENCY PERIOD PERIOD DUE DATE STARTS ENDS Semiannual Report First five (5) 02/01/2023 06/30/2023 07/31/2023 months Semiannual Report Remaining six 07/01/2023 12/31/2023 01/31/2024 (6)months DSHS Contract No.HHS001120300007 Page 16 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F Congenital Syphilis Monthly 02/01/2023 12/31/2023 Due thirty (30) Case Investigation calendar days after and Infant Syphilis period being reported. Control Records Note: This Report is submitted through THISIS and is subject to HIPAA and PHI data requirements. Local Responsible First five (5) 02/01/2023 06/30/2023 07/31/2023 Party (LRP) Report months Final LRP Report Remaining six 07/01/2023 12/31/2023 01/31/2024 (6)months Financial Status Biannually 02/01/2023 06/30/2023 07/31/2023 Report(FSR) Final FSR Remaining six 07/01/2023 12/31/2023 02/15/2024 (6)months D. CALENDAR YEAR 2024 REPORTING: REPORT NAME FREQUENCY PERIOD PERIOD DUE DATE BEGIN END Semiannual Report First six (6) 01/01/2024 06/30/2024 07/31/2024 months Semiannual Report Remaining six 07/01/2024 12/31/2024 01/31/2025 (6)months Congenital Syphilis Monthly 01/01/2024 12/31/2024 Due thirty (30) calendar days Case Investigation after period being reported. and Infant Syphilis Control Records Note: This Report is submitted electronically and is subject to HIPAA and PHI data requirements. Local Responsible First six (6) 01/01/2024 06/30/2024 07/31/2024 Party Biannual months Security Assessment (LRP) Report DSHS Contract No.HHS001120300007 Page 17 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F Local Responsible Remaining six 07/01/2024 12/31/2024 01/31/2025 Parry Biannual (6)months Security Assessment (LRP) Report Financial Status First six (6) 01/01/2024 06/30/2024 07/31/2024 Report (FSR) months Final FSR Remaining six 07/01/2024 12/31/2024 02/15/2025 (6)months VII. INVOICE AND BUDGET A. Invoices must be submitted monthly. Grantee shall submit timely"zero dollar"invoices if Grantee does not incur expenses during the month. Invoices and all supporting documentation must be emailed to invoices(2dshs.texas.gov and crosinvoiceskdshs.texas.gov simultaneously. Grantee shall submit a final close-out invoice and final financial status report no later than 45 calendar days following the end of each Contract period. Invoices received more than 45 calendar days past the end of the Contract term are subject to denial of payment. B. DSHS will monitor Grantee's expenditures on a biannual basis. If expenditures are below the Contract amount of the budget year, then, System Agency, in its sole discretion, may reduce the Grantee's budget for the remainder of the Contract term. System Agency also may reduce Grantee's budget if Grantee has vacant positions existing for more than ninety (90) consecutive calendar days. C. Grantee shall maintain an inventory of equipment, supplies,and real property. Grantee shall submit an annual cumulative report on DSHS Grantee's Property Inventory Report to the DSHS Contract Representative and FSOequip(2dshs.texas.gov by email not later than October 15 of each year. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500.00 or more, but less than $5,000.00: desktop and laptop computers (including notebooks, tablets and similar devices),non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets do not include a capitalized asset, real property, an improvement to real property, or infrastructure. D. DSHS-approved budget may be revised by Grantee in accordance with the following requirements: 1. For any transfer between budget categories, Grantee shall provide notification of transfer between budget categories by submission of a request for budget change in DSHS-directed format (hereafter the "Budget Change Form") to the DSHS Contract Representative, highlighting the areas affected by the budget transfer and DSHS Contract No.HHS001120300007 Page 18 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F written justification for the transfer request. After DSHS review, the designated DSHS Contract Representative will provide notification of acceptance or rejection to Grantee by email. 2. For transfer of funds between budget categories, other than the `Equipment' and `Indirect Cost' categories, for less than or equal to cumulative twenty-five (25) percent of the total value of the respective Contract budget period, Grantee shall timely submit the Budget Change Form for DSHS approval. If approved, the revised budget will be incorporated into the Contract. 3. For transfer of funds between budget categories, other than the `Equipment' and `Indirect Cost' categories, that cumulatively exceeds twenty-five (25) percent of the total value of the respective Contract budget period, Grantee shall submit timely written notification to DSHS Contract Representative using the Budget Change Form and request DSHS approval. If the revision is approved, then the budget revision is not authorized and the funds cannot be utilized until an amendment incorporating the change(s) is executed by the Parties. 4. Any transfer between budget categories that includes `Equipment' and/or `Indirect Cost' categories must be incorporated by amendment. Grantee shall submit timely written notification to DSHS Contract Representative using the Budget Change Form and request DSHS approval. If the revision is approved,then budget revision is not authorized and the funds cannot be utilized until an amendment incorporating the change(s) is executed by the Parties. DSHS Contract No.HHS001120300007 Page 19 of 20 Amendment No.4 DocuSign Envelope ID:25D11021-BBF8-4871-9521-BD902ACF8B1F ATTACHMENT B-4 BUDGET FOR 2024 CALENDAR YEAR 2024 Calendar Year Budget Category (January 1, 2024 through December 31, 2024) PERSONNEL $61,200.00 FRINGE BENEFITS $26,622.00 TRAVEL $1,886.00 EQUIPMENT $5,000.00 SUPPLIES $10,500.00 CONTRACTUAL $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $105,208.00 INDIRECT CHARGES $0.00 TOTAL $105,208.00 DSHS Contract No. HHS001120300007 Page 20 of 20 Amendment No.4 DocuSign Certificate Of Completion Envelope Id:25D11021 BBF84B719521 BD902ACF8B1 F Status: Sent Subject: Please DocuSign: CORPUS CHRISTI-NUECES, $388,000.00,AMENDMENT NO.4 Source Envelope: Document Pages: 19 Signatures: 0 Envelope Originator: Certificate Pages:2 Initials: 0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 167.137.1.9 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 10/19/2023 1:58:41 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Fauzia Khan Sent: 10/19/2023 2:18:44 PM FauziaK@cctexas.com Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Susana Garcia Susana.Garcia@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Patty Melchior Patty.MeIchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Josh Hutchison Josh.Hutchison@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Kevin Hensley Sent: 10/19/2023 2:18:44 PM kevinhe@cctexas.com ED Viewed: 10/19/2023 2:19:16 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Martha Jasse Martha.Jasse@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/19/2023 2:18:44 PM Payment Events Status Timestamps Two Reading Ordinance Ordinance appropriating $105,208.00 in the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Texas Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024. November 14, 2023 Background and Findings STD/HIV Prevention Services • Investigate and report new cases of Syphilis and HIV to DSHS • Intervene in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea through testing, treatment, and disease investigation • Prevent cases of congenital syphilis through disease reporting, disease investigation, and disease intervention The STD/HIV Prevention Services GrantAmendment No. 4 Budget breakdown: • $87,822 for personnel (including salary and fringe) • $1 ,886 for travel (including mileage for field visits to clients) • $5,000 for computer equipment, • $10,500 for clinical supplies Total grant amount of$105,208 for FY24 November 14, 2023 Background and Findings The STD/HIV-DIS Prevention Services Program Grant began on March 1 , 2022. Since that time, the contract has had 4 amendments. These amendments included supplemental funding increases and the renewal of the contract every year. The STD/HIV Prevention Services Grant employs one full-time equivalent employee. 3-1-2022 to 8-31-2022 52,604 Original Contract 8-1-2022 to 12-31-2022 52,604 Amendment 1 1-1-2022 to 12-31-2022 72,379(Supplemental, Amendment 2 one time funding allocation for equipment) 1-1-2023 to 12-31-2023 105,208 Amendment 3 1-1-2024 to 12-31-2024 105,208 Amendment 4 •d November 14, 2023 Fiscal Impact and Staff Recommendation Funding Impact: Total Operating budget is $105,208 for FY24 • January 1 , 2024, to December 31 , 2024 • There is no fiscal impact. The grant requires no match. All positions are 100% grant-funded. • As of FY24 the total contract value is $388,000.00 Staff Recommendation: Approval of the two reading ordinance November 14, 2023 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting November 14, 2023 Second Reading Ordinance for the City Council Meeting November 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Amendment to Reimbursement Agreement with MPM Development, L.P. Royal Creek Unit 7 CAPTION: Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of$219,096.24 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $109,742.04 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: MPM Development, L.P. purposed to construct water arterial transmission grid main line to serve and develop a new planned development. This ordinance is to extend the allowable time on the agreement by an additional 24 months and increase the reimbursable by $109,742.04 for a total contracted amount of$219,096.24. BACKGROUND AND FINDINGS: City and Developer entered into a reimbursement agreement dated November 7, 2017 for the construction of a required water arterial transmission and gid main line for a total cost of $109,354.20. Agreement between the City and the Developer is currently on the fifth amendment for time: First Amendment— November 7, 2018, for 12 months Second Amendment— November 7, 2019, for 12 months Third Amendment— November 7, 2020, for 12 months Fourth Amendment— November 7, 2021, for 24 months This constitutes a fifth amendment to the contract. However, in previous amendments, the Developer only requested amendments for time and not for cost. Included in this amendment is an extension to time and a cost increase due to an increase in expected cost. Following is a table showing the original cost estimates versus the proposed new cost estimates for the project. Original Cost Estimate Revised Cost Estimate Water Unit Water Unit Items Qty Unit Price Amount Items Qty Unit Price Amount 12-Inch 12-Inch 1 PVC Pipe 1,187 LF $60.00 $71,220.00 1 PVC Pipe 1,187 LF $112.00 $132,944.00 12-Inch 12-Inch 2 Tee 5 EA $850.00 $4,250.00 2 Tee 5 EA $1,200.00 $6,000.00 12-Inch 12-Inch Capped Capped Tee for 2- Tee for 2- 3 Inch 2 EA $350.00 $700.00 3 Inch 2 EA $500.00 $1,000.00 12-Inch 12-Inch Gate Valve Gate Valve 4 w/Box 4 EA $3,200.00 $12,800.00 4 w/Box 4 EA $5,000.00 $20,000.00 6-Inch PVC 6-Inch PVC 5 Pipe 14 LF $32.00 $448.00 5 Pipe 14 LF $60.00 $840.00 Fire Fire Hydrant Hydrant 6 Assembly 3 EA $4,000.00 $12,000.00 6 Assembly 3 EA $8,800.00 $26,400.00 6-Inch 6-Inch Gate Valve Gate Valve 7 w/Box 3 EA $950.00 $2,850.00 7 w/Box 3 EA $2,000.00 $6,000.00 6-Inch 90 6-Inch 90 Degree Degree 8 Elbow 2 EA $300.00 $600.00 8 Elbow 2 EA $600.00 $1,200.00 6-Inch 6-Inch Diameter Diameter by 30-Inch by 30-Inch PVC Pipe PVC Pipe 9 Nipple 6 EA $250.00 $1,500.00 9 Nipple 6 EA 1 $500.00 $3,000.00 SUBTOTAL $106,368.00 SUBTOTAL $197,384.00 10%CONTINGINCIES 0.00 10%CONTINGINCIES 0.00 SUBTOTAL $106,368.00 SUBTOTAL $197,384.00 ENGINEERING,SURVEYING &TESTING $11,700.48 ENGINEERING,SURVEYING &TESTING $21,712.24 SUBTOTAL $118,068.48 SUBTOTAL $219,096.24 LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) $8,714.28 ($18.72 AC@$719/AC) ORIGINAL REIMBURSEMENT AMOUNT $109,354.20 REVISED REIMBURSEMENT AMOUNT $219,096.24 ALTERNATIVES: Deny the amendment all together. Deny the increase in cost but approve the time extension. FINANCIAL IMPACT: The total cost of the project was originally $118,068.48 less the $8,714.28 lot/acreage fee credit, the reimbursable amount was $109,354.20. Increased cost estimates of $219,096.24 require additional funding; bringing the total additional funds of $109,742.04 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the developer per the agreement not to exceed $219.096.24. Funding Detail: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The request is in accordance with UDC Section §8.5.1.C.. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Exhibit Location Map Presentation Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of $219,096.24 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $109,742.04 to reimburse the developer in accordance with the agreement. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 19, 2022, to develop a tract of land, approximately 103.015 acres known as Oso Creek Corner Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements constructed to their ultimate capacity under the City's applicable Master Plan; WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse the Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be fifth-in-line in the order for reimbursement from the Water Arterial Transmission & Grid Main Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; WHEREAS, if the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other development, and/or the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E; and WHEREAS, the developer will only proceed with construction if the reimbursement 1 reflects an update to the cost of construction. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of$219,096.24 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $109,742.04 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $109,742.04 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 FIFTH AMENDMENT OF WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to reimburse the Developer/Owner for Wastewater Improvements fully; and WHEREAS, the Developer may be reimbursed when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and the Developer/Owner has priority per UDC §8.5.2. E. This is an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Document number 2017048024, for Royal Creek Unit 7, originally dated November 7, 2017, by and between MPM Development, L.P. and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Section 5 and Section 15 as follows: 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS The Developer shall award a contract and complete the improvements to a 12-inch water line under the approved plans and specifications by November 7, 2025. Section 15, Subsection a is added as follows: e. To account for the increase in cost as shown in the Updated Cost Estimate in Exhibit 6, the Developer may be reimbursed an additional $109,742.04. Developer/Owner may be reimbursed the additional $109,742.04 when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of 12023. CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P. Al Raymond III, AIA, CBO Mossa Moses Mostaghasi Director of Development Services General Partner APPROVED AS TO FORM: Buck Brice (Date) Deputy City Attorney For City Attorney EXHIBIT 6 Updated Cost Estimate Contract Holder: MPM Development,LP. Contract Date: 11/7/2017 Project Name: Royal Creek Unit 7 Project Type: Water Arterial Transmission and Grid Main Original Cost Estimate Revised Cost Estimate Cost Amendment Request of Contract Agreement Water Items Qty t Unit Price Amount Water Items Qty t Unit Price Amount Water Items Qty t Unit Price Amount 1 12-Inch PVC Pipe 1,187 LF $60.00 $71,220.0 1 12-Inch PVC Pipe 1,187 LF $112.00 $132,944.0 1 12-Inch PVC Pipe 1,187 LF $52.00 $61,724.00 2 12-Inch Tee 5 EA $850.00 $4,250.00 2 12-Inch Tee 5 EA $1,200.00 $6,000.0 2 12-Inch Tee 5 EA $350.00 $1,750.00 12-Inch Capped Tee 12-Inch Capped Tee 12-Inch Capped Tee 3 for 2-Inch 2 EA $350.00 $700.00 3 for 2-Inch 2 EA $500.00 $1,000.00 3 for 2-Inch 2 EA $150.00 $300.00 12-Inch Gate Valve 12-Inch Gate Valve 12-Inch Gate Valve 4 w/Box 4 EA $3,200.00 $12,800.00 4 w/Box 4 EA $5,000.00 $20,000.00 4 w/Box 4 EA $1,800.00 $7,200.00 5 6-Inch PVC Pipe 14 LF $32.00 $448.00 5 6-Inch PVC Pipe 14 LF 1 $60.00 $840.00 5 6-Inch PVC Pipe 14 LF 1 $28.00 $392.00 Fire Hydrant Fire Hydrant Fire Hydrant 6 Assembly 3 EA $4,000.00 $12,000.00 6 Assembly 3 EA $8,800.00 $26,400.00 6 Assembly 3 EA $4,800.00 $14,400.00 6-Inch Gate Valve w/ 6-Inch Gate Valve w/ 6-Inch Gate Valve w/ 7 Box 3 EA $950.00 $2,850.00 7 Box 3 EA $2,000.00 $6,000.00 7 Box 3 EA $1,050.00 $3,150.00 6-Inch 90 Degree 6-Inch 90 Degree 6-Inch 90 Degree 8 Elbow 2 EA $300.00 $600.00 8 Elbow 2 EA $600.00 $1,200.00 8 Elbow 2 EA $300.00 $600.00 6-Inch Diameter by 6-Inch Diameter by 6-Inch Diameter by 30-Inch PVC Pipe 30-Inch PVC Pipe 30-Inch PVC Pipe 9 Nipple 6 EA $250.00 $1,500.00 9 Nipple 6 EA $500.00 $3,000.00 9 Nipple 6 EA $250.00 $1,500.00 SUBTOTAL $106,368.00 SUBTOTALI $197,384.00 SUBTOTALI $91,016.00 10%CONTINGINCIES 0.00 10%CONTINGINCIES 0.00 10%CONTINGINCIES1 $0.00 SUBTOTALI $106,368.00 SUBTOTALI $197,384.00 SUBTOTALI $91,016.00 ENGINEERING,SURVEYING&TESTING 1 $11,700.48 ENGINEERING,SURVEYING&TESTING1 $21,712.24 ENGINEERING,SURVEYING&TESTING $10,011.76 SUBTOTALI $118,068.48 SUBTOTALI $219,096.24 SUBTOTALI $101,027.76 LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) $8,714.28 ($18.72 AC@$719/AC) ($18.72 AC@$719/AC)(Previously Included) $8,714.28 ORIGINAL REIMBURSEMENT AMOUNT $109,354.2 REVISED REIMBURSEMENT AMOUNT $219,096.24 TOTAL COST AMENDMENT REQUEST $109,742.04 Original Amount: $109,354.20 Revised Reimburseable Amount: $219,096.24 Total Cost Amendment Request on Reimbursement Amount $109,742.04 y % vF ham-°a'���-�• `�•wT� :�'��,r� � �.. r iRk A w R i ii T IL Li e IM 2444 Royal Creek Estates Unit y � SUBJFL" 6399 Rock Crest Dr PROPERTY, Council District _ L{ PON 11 0 5 IIII.i: Royal Creek Unit 7 Reimbursement Agreement Number 5 Ordinance authorizing an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") with MPM Development, L.P. ("Developer") for both time and cost to reimburse the construction of a required water arterial transmission and grid main line for Royal Creek Unit 7, the proposed development located off Oso Parkway and Rock Crest Dr. Amending the contract for an additional 24 months and increasing the funding by $109,742.04 for a total not to exceed $219,096.24 (District 5). Location Map .w ASO n,1+off @ 44 �„•, F • i ,_ /B +Rc a,�✓� FI� "fes `Y - .,. tiR Royal Creek Estates Unit 7 { �` (12.116 Acres) � A Extension of Time November 7, 2017 MPM Development, LP and the City entered a 12-month reimbursement agreement constructing a water arterial transmission and grid main line. November 7, 2018 Reimbursement Amendment#1 for time (extended for 12 months) November 7, 2019 Reimbursement Amendment#2 for time (extended for 12 months) November 7, 2020 Reimbursement Amendment#3 for time (extended for 12 months) November 7, 2021 Reimbursement Amendment#4 for time (extended for 12 months) November 7, 2023 Request for Reimbursement Amendment#5 for time extension (24 months) and increase in cost Increase in Cost Original Cost Estimate Revised Cost Estimate Cost Amendment Request of Contract Agreement Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 1 12-Inch PVC Pipe 1,187 IT $60.00 $71,220.00 1 12InchPVC Pipe 1,187 IT $112.00 $132,944.00 1 12-Inch PVC Pipe 1,187 IT $52.00 $61,724.00 2 12-Inch Tee 5 EA $850.00 $4,250.00 2 12InchTee 5 EA $1,200.00 $6,000.00 2 12-Inch Tee 5 EA $350.00 $1,750.00 12-Inch Capped Tee 12-Inch Capped Tee 12-Inch Capped Tee 3 for 2-Inch 2 EA $350.00 $700.00 3 for 2-Inch 2 EA $500.00 $1,000.00 3 for 2-Inch 2 EA $150.00 $300.00 12-Inch Gate Valve w/ 12-Inch Gate Valve w/ 12-Inch Gate Valve w/ 4 Box 4 EA $3,200.00 $12,800.00 4 Box 4 EA $5,000.00 $20,000.00 4 Box 4 EA $1,800.00 $7,200.00 5 6-Inch PVC Pipe 14 IT $32.00 $448.00 5 6-Inch PVC Pipe 14 IT $60.00 $840.00 5 6-Inch PVC Pipe 14 IT $28.00 $392.00 6 Fire Hydrant Assembly 3 EA $4,000.00 $12,000.00 6 Fire Hydrant Assembly 3 EA $8,800.00 $26,400.00 6 Fire Hydrant Assembly 3 EA $4,800.00 $14,400.00 6-Inch Gate Valve w/ 6-Inch Gate Valve w/ 6-Inch Gate Valve w/ 7 Box 3 EA $950.00 $2,850.00 7 Box 3 EA $2,000.00 $6,000.00 7 Box 3 EA $1,050.00 $3,150.00 6-Inch 90 Degree6-Inch 90 Degree 6-Inch 90 Degree 8 Elbow 2 EA $300.00 $600.00 8 Elbow 2 EA $600.00 $1,200.00 8 Elbow 2 EA $300.00 $600.00 6-Inch Diameter by 30- 6-Inch Diameter by 30- 6-Inch Diameter by 30- 9 Inch PVC Pipe Nipple 6 EA $250.00 $1,500.00 9 Inch PVC Pipe Nipple 6 EA $500.00 $3,000.00 9 Inch PVC Pipe Nipple 6 EA $250.00 $1,500.00 SUBTOTAL $106,368.00 SUBTOTAL $197,384.00 SUBTOTAL $91,016.00 10%CONTINGINCIES $0.00 10%CONTINGINCIES $0.00 10%CONTINGINCIES $0.00 SUBTOTAL $106,368.00 SUBTOTAL $197,384.00 SUBTOTAL $91,016.00 ENGINEERING,SURVEYING&TESTING $11,700.48 ENGINEERING,SURVEYING&TESTING $21,712.24 ENGINEERING,SURVEYING&TESTING $10,011.76 SUBTOTAL $118,068.48 SUBTOTAL $219,096.24 SUBTOTAL $101,027.76 LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) $8,714.28 ($18.72 AC@$719/AC) ($18.72 AC@$719/AC)(Previously Included) $8,714.28 ORIGINAL REIMBURSEMENT AMOUNT $109,354.20 REVISED REIMBURSEMENT AMOUNT $219,096.24 TOTAL COST AMENDMENT REQUEST $109,742.04 4 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting November 14, 2023 - Second Reading Ordinance for the City Council Meeting November 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Amendment to Reimbursement Agreement with MPM Development, L.P. Royal Creek Unit 8 CAPTION: Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed the amount of $374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $190,212.64 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: MPM Development, L.P. purposed to construct water arterial transmission grid main line to serve and develop a new planned development. The original cost estimate was from 2017, however, due to the continual rise in material and construction costs the total amount of the project is higher than originally expected. The developer has requested an amendment to the reimbursement agreement by an increase of$190,212.64. The total reimbursement amount will be$374,023.38. BACKGROUND AND FINDINGS: City and Developer entered into a reimbursement agreement dated December 8, 2018, for the construction of a required water arterial transmission and gid main line for a total cost of $183,810.74. Agreement between the City and the Developer is currently on the fourth amendment for time: First amendment— December 8, 2019, for 12 months Second amendment — December 8, 2020, for 12 months Third amendment — December 8, 2021, for 24 months This constitutes a fourth amendment to the contract. However, in previous amendments, the Developer only requested amendments for time and not for cost. Included in this amendment is an extension to time and a cost increase due to an increase in expected cost. Following is a table showing the original cost estimates versus the proposed new cost estimates for the project. Original Unit Revised Unit Water Items Qty Cost Estimate Cost Estimate 1 12-Inch PVC Pipe 1,384 LF $60.00 $112.00 2 12-Inch Cap Tapped for 2-inch 1 EA $350.00 $500.0 3 12-Inch Tee 4 EA $850.00 $1,200.00 4 Crushed Stone embedment for 12-inch Water 1,384 EA $30.00 $40.00 5 Dewatering for 12-inch Water 1,384 LF $20.00 $60.00 6 6-inch PVC Nipple 9 EA $250.00 $450.00 7 6-Inch Gate Valve with Box 3 EA $950.00 $2,000.00 8 6-inch 90 Degree Elbow 3 EA $300.00 $600.00 9 Fire Hydrant Assembly 3 EA $4,000.00 $8,800.00 ALTERNATIVES: Deny the amendment altogether. Deny the increase in cost but approve the time extension. FISCAL IMPACT: The total cost of the project was originally $183,810.74 less the $7,578.26 lot/acreage fee credit, the reimbursable amount was $183,810.74. Increased cost estimates of $190,212.64 require additional funding; bringing the total funds of $190,212.64 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the developer per the agreement not to exceed $374,023.38 Funding Detail: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The request is in accordance with UDC Section §8.5.1.C. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Amendment Exhibit Location Map Presentation Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed amount of $374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $190,212.64 to reimburse the developer in accordance with the agreement. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 19, 2022, to develop a tract of land, approximately 103.015 acres known as Oso Creek Corner Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements constructed to their ultimate capacity under the City's applicable Master Plan; WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse the Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be sixth-in-line in the order for reimbursement from the Water Arterial Transmission & Grid Main Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; WHEREAS, if the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other developments, and/or the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E; and WHEREAS, the developer will only proceed with construction if the reimbursement 1 reflects an update to the cost of construction. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed amount of$374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $190,212.64 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $190,212.64 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 THIRD AMENDMENT OF WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT WHEREAS, the Water Arterial Transmission and Grid Main Trust Fun does not currently have sufficient funds to reimburse the Developer/Owner for Wastewater Improvements fully; and WHEREAS, the Developer/Owner may be reimbursed when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and the Developer has priority per UDC §8.5.2. E. This is an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Document number 2018053884, for Royal Creek Unit 8, originally dated December 6, 2018, by and between MPM Development, L.P. and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Section 6, Subsection a of Section 9, and Section 16 as follows: 6. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS The Developer shall award a contract and complete the improvements to the Grid Main Extension under the approved plans and specifications by December 6, 2025. 9. DEFAULT e. Developer/Owner's contractor fails to complete construction of the project under the approved plans and specifications on or before December 6, 2025. Section 16, Subsection f is added as follows: f. To account for the increase in cost, as shown in the Updated Cost estimate in Exhibit 6, the Developer/Owner may be reimbursed an additional $190,212.64. The Developer/Owner may be paid the additional $190,212.64 when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and the Developer/Owner has priority per UDC§8.5.2. E. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of 12023. CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P. Al Raymond III, AIA, CBO Mossa Moses Mostaghasi Director of Development Services General Partner APPROVED AS TO FORM: Buck Brice (Date) Deputy City Attorney For City Attorney EXHIBIT 6 Updated Cost Estimate Contract Holder: MPM Development,L.P. Contract Date: 12/7/2018 Project Name: Royal Creek Unit 8 Project Type: Water Arterial Transmission and Grid Main Original Cost Estimate Revised Cost Estimate Cost Amendment Request of Contract Agreement Water Items Qty t Unit Price Amount Water Items Qty t Unit Price Amount Water Items Qty t Unit Price Amount 1 12 Inch PVC Pipe 1,384 LF $ 60.00 $83,040.00 1 12 Inch PVC Pipe 1,384 LF $112.00 $155 008.00 1 12 Inch PVC Pipe 1,384 LF $52.00 $71,968.0 12 Inch Cap Tapped 12 Inch Cap Tapped 12 Inch Cap Tapped 2 for 2Inch 1 EA $ 350.00 $350.00 2 for 2 Inch 1 EA $500.00 $500.00 2 for 2 Inch 1 EA $150.00 $150.0 3 12 Inch Tee 4 EA $ 850.00 $3,400.00 3 12 Inch Tee 4 EA $1,200.00 $4,800.00 3 12 Inch Tee 4 EA $350.00 $1,400.0 Crushed Stone Crushed Stone Crushed Stone Embedment for 12 Embedment for 12 Embedment for 12 4 Inch Water 1,384 EA $ 30.00 $41,520.00 4 linch Water 1,384 EA $40.00 $55,360.00 4 Inch Water 1,384 EA $10.00 $13,840.0 Dewatering for 12 Dewatering for 12 Dewatering for 12 5 Inch Water 1,384 LF $ 20.00 $27,680.00 5 Inch Water 1,3841 LF 1 $60.00 $83,040.0 1. 5 linch Water 1,384 LF $40.00 $55,360.0 6 Inch PVC Pipe 6 Inch PVC Pipe 6 Inch PVC Pipe 6 Nipple 9 EA $ 250.00 $2,250.00 6 Nipple 9 EA $450.00 $4,050.00 6 Nipple 9 EA $200.00 $1,800.0 6Inch Gate Valve 6 Inch Gate Valve 6 Inch Gate Valve 7 with Box 3 EA $ 950.00 $2,850.00 7 with Box 3 EA $2,000.00 $6,000.00 7 with Box 3 EA $1,050.00 $3,150.0 6Inch 90 Degree 6 Inch 90 Degree 6 Inch 90 Degree 198 Elbow 3 HA $ 300.00 $900.00 8 Elbow 3 EA $600.00 $1,800.0 8 Elbow 3 EA $300.00 $900.0 Fire Hydrant Fire Hydrant Fire Hydrant Assembly 3 $4,000.00 $12,000.00 9 Assembly 3 1 EA 1 $8,800.00 $26,400.00 9 lAssembly 3 1 EA 1 $4,800.00 $14,400.0 SUBTOTAL $173,990.00 SUBTOTAL $336,958.00 SUBTOTALI $162,968.00 10%CONTINGINCIES 0.00 10%CONTINGINCIES 0.0 10%CONTINGINCIES $0.0 SUBTOTALI $173,990.00 SUBTOTALI $336,958.00 SUBTOTALI $162,968.00 ENGINEERING,SURVEYING&TESTINGI $17,399.00 ENGINEERING,SURVEYING&TESTINGI $37,065.38 ENGINEERING,SURVEYING&TESTING $19,666.38 SUBTOTALI $191,389.00 SUBTOTALI $374,023.38 SUBTOTAL $182,634.38 LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) $7,578.26 ($18.72 AC@$719/AC) ($18.72 AC@$719/AC)(Previously Included) $7,578.26 ORIGINAL REIMBUSEMENT AMOUNT $183,8LO174911REVISED REIMBURSEMENT AMOUNT $374,023.38 TOTAL COST AMENDMENT REQUEST $190,212.64 Original Amount: $183,810.74 Revised Reimburseable Amount: $374,023.38 Total Cost Amendment Request on Reimbursement Amount $190,212.64 W 'pr ' � � r mv4^' .. ..:s q .,+✓ �� a �. ... JAfi w . r ... .M .. , a� Proposed Royal Creek '"'4" ic-c r Estates Emit 8 ". Scale- f=6.000 C ty Of �tOC MON MAF Chns�ti Royal Creek Unit 8 Reimbursement Agreement Amendment Number 4 Ordinance authorizing an amendment for the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") with MPM Development, L.P. ("Developer") for both time and cost to reimburse the construction of a required water arterial transmission and grid main line for Royal Creek Unit 8, the proposed development located off Oso Parkway and Rock Crest Dr. Amending the contract for an additional 24 months and increasing the funding by $109,212.64 for a total not to exceed $374,023.38 (District 5). Location Map D a+ 14 1 0 l(o kms; r Royal Creek Estates Unit 8 (10.544 Acres) D n� Z Extension of Time December 8, 2018 MPM Development, LP and the City entered a 12-month reimbursement agreement constructing a water arterial transmission and grid main line. December 8, 2019 Reimbursement Amendment #1 for time (extended for 12 months) December 8, 2020 Reimbursement Amendment #2 for time (extended for 12 months) December 8, 2021 Reimbursement Amendment#3 for time (extended for 24 months) December 8, 2023 Request for Reimbursement Amendment #4 for time (24 months) and increase in cost Increase in Cost Original Cost Estimate Revised Cost Estimate Cost Amendment Request of Contract Agreement Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 1 12 Inch PVC Pipe 1,384 LF $ 60.00 $83,040.00 1 12 Inch PVC Pipe 1,384 LF $112.00 $155,008.00 1 12 Inch PVC Pipe 1,384 LF $52.00 $71,968.00 12 Inch Cap Tapped 12 Inch Cap Tapped 12 Inch Cap Tapped 2 for 2Inch 1 EA $ 350.00 $350.00 2 for 2Inch 1 EA $500.00 $500.00 2 for 2Inch 1 EA $150.00 $150.00 3 12 Inch Tee 4 EA $ 850.00 $3,400.00 3 12 Inch Tee 4 EA $1,200.00 $4,800.00 3 12 Inch Tee 4 EA $350.00 $1,400.00 Crushed Stone Crushed Stone Crushed Stone Em6edmentfor 12 Em6edmentfor 12 Em6edmentfor 12 4 Inch Water 1,384 EA $ 30.00 $41,520.00 4 Inch Water 1,384 EA $40.00 $55,360.00 4 Inch Water 1,384 EA $10.00 $13,840.00 Dewatering for 12 Dewatering for 12 Dewatering for 12 5 Inch Water 1,384 LF $ 20.00 $27,680.00 5 Inch Water 1,384 LF $60.00 $83,040.00 5 Inch Water 1,384 LF $40.00 $55,360.00 6 6Inch PVC Pipe Nipple 9 EA $ 250.00 $2,250.00 6 6Inch PVC Pipe Nipple 9 EA $450.00 $4,050.00 6 6Inch PVC Pipe Nipple 9 EA $200.00 $1,800.00 6 Inch Gate Valve with 6Inch Gate Valve with 6Inch Gate Valve with 7 Box 3 EA $ 950.00 $2,850.00 7 Box 3 EA $2,000.00 $6,000.00 7 Box 3 EA $1,050.00 $3,150.00 6 Inch 90 Degree 6Inch 90 Degree6Inch 90 Degree 8 Elbow 3 EA $ 300.00 $900.00 8 Elbow 3 EA $600.00 $1,800.00 8 Elbow 3 EA $300.00 $900.00 9 Fire Hydrant Assembly 3 EA $4,000.00 $12,000.00 9 Fire Hydrant Assembly 3 EA $8,800.00 $26,400.00 9 Fire Hydrant Assembly 3 EA $4,800.00 $14,400.00 SUBTOTAL $173,990.00 SUBTOTAL $336,958.00 SUBTOTAL $162,968.00 10%CONTINGINCIES $0.00 10%CONTINGINCIES $0.00 10%CONTINGINCIES $0.00 SUBTOTAL $173,990.00 SUBTOTAL $336,958.00 SUBTOTAL $162,968.00 ENGINEERING,SURVEYING&TESTING $17,399.00 ENGINEERING,SURVEYING&TESTING $37,065.38 ENGINEERING,SURVEYING&TESTING $19,666.38 SUBTOTAL $191,389.00 SUBTOTAL $374,023.38 SUBTOTAL $182,634.38 LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) $7,578.26 ($18.72 AC@$719/AC) ($18.72 AC@$719/AC)(Previously Included) $7,578.26 ORIGINAL REIMBUSEMENT AMOUNT $183,810.74 REVISED REIMBURSEMENT AMOUNT $374,023.38 TOTAL COST AMENDMENT REQUEST $190,212.64 4 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. SC G� O'k F AGENDA MEMORANDUM NggpqRpY' Public Hearing and First Reading for the City Council Meeting of Nov. 14, 2023 xss2 Second Reading for the City Council Meeting of Nov. 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 650 Osage Street CAPTION: Zoning Case No. 0823-02, Thanksgiving Homes, (District 1). Ordinance rezoning a property at or near 650 Osage Street from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development Overlay. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) SUMMARY: This item is to rezone the property to allow for a single-family subdivision. On October 3, 2023, the applicant submitted an amended PUD (Planned Unit Development) Guideline document to address sidewalk safety concerns. See recommendation. BACKGROUND AND FINDINGS: The subject property is a 4.04-acre site being proposed for an infill PUD (Planned Unit Development) within the westside area that will accommodate a medium-density residential development with 35 lots. It is the former site of the Lozano Elementary School. To the north, the property is bounded by a general commercial district with commercial uses. To the east, west, and south, are residential subdivisions zoned "RS- 6" Single-Family 6 District. The "RS-6" Single-Family 6 District allows for single-family detached houses, group homes, and a limited number of public and civic uses. A PUD (Planned Unit Development) Overlay permits master-planned communities, mixed-use developments, and other new or innovative concepts in land utilization with flexibility that allows special conditions or restrictions that would not otherwise allow the development to occur. The applicant's request for a PUD (Planned Unit Development) overlay is to allow for the construction of a single-family subdivision with reduced UDC (Unified Development Code) development (bulk, driveway, and parking) and subdivision standards. The proposed rezoning is consistent with the Future Land Use Map element and other broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: 57 notices were mailed to property owners within the 200-foot notification area and 6 were mailed outside of the notification area. As of November 10, 2023: In Favor In Opposition 1 inside notification area 7 inside notification area 0 outside notification area 0 outside notification area A total of 11.42% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the request for PUD (Planned Unit Development) overlay. FINANCIAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a PUD (Planned Unit Development) Overlay on August 9, 2023. Staff is recommending approval of the amended plan as presented by the applicant on October 3, 2023. Vote Results For: 7 Against: 0 Absent: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0823-02, Thanksgiving Homes (District 1). Ordinance rezoning a property at or near 650 Osage Street from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development Overlay; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) 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; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 1 , Block 1 , Lozano Elementary School as shown in Exhibit "AH: From the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single- Family 6 District with a Planned Unit Development Overlay. The subject property is located at or near 650 Osage Street. Exhibit A, a map, is attached to and incorporated in this ordinance. Exhibit B, the PUD (Planned Unit Development) guideline document, is also attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1 . Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the properties in accordance with the TGH TWO Planned Unit Development (PUD) Guidelines and Master Site Plan, attached as Exhibit B, and to the satisfaction of the Technical Review Committee (TRC). 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. 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 8. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 15 EXHIBIT (A) EXISTING ZONING AND NOTICE AREA CG-2 36 CG-2 35 CG-2 34 2 33 46 32 r7 47 38 31 39 30 48 40 29 49 41 28 M.w 50 p 42 27 1 LI 51 ° 43 ` z6 °, SUBJECT 52 O 44 S� z5 PROPERTY RS-6 53 R'S 24 54 45 -6 23 55 22 56 /5 21 57 20 3 AZTEC ST 4 RS- 12 13 18 U 19 9R-S 11 14 17 7 8 SOORq 10 15 16 6 CASE: 0823-02 N Zoning and notice Area W L CbIRl1S S RM-1 Multifamilyl IL Light Industrial - Christi RM-2 Multifamily2 IH Heavy Industrial RM-3 Multifamily3 PUD Planned Unit On.Overlay - ON Professional Office RS-10 Single-Family 10 ` - RM-AT Multifamily AT RS-6 Single-Family6 CN-1 Neighborhood Commercial RS-0.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family I, CR-1Resort Commercial RS-15 Single-Family 15 _ CR-2 Resort Commercial RE Residential Estate = � CG-1 General Commercial RS_TH Townhouse CG-2 General Commercial SP Special Permit CI Intens iveCommerc'al Recreational Vehicle Park -SUBJECTS CBD Downtown Commercial RMH Manuractured Home ^PROPERTY R3 Farsm Rural u rt Commercial FIR H Historic Overlay v BP Business Park u■� a Sub1ecr P"Percy Downers r', c� wnnzoa,suner 4ownerewflr2oo-nxeaon owner,= City of c ' Es�i,HERELOCATION MAP attacnedownera-rnp(agile X In oppos�flon Corpus r s Christi +� r Page 3 of 15 EXHIBIT(B) PLANNED UNIT DEVELOPMENT GUIDELINE TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) CORPUS CHRISTI, TEXAS AUGUST 2023 OWNER AND DEVELOPER SUBMITTED BY ME MUNOZ ENGINEERYNG MUNOZ ENGINEERING, LLC ENGINEER A CCHA,,,, THOMAS B.TIFFIN,PE MUNOZ ENGINEERING, LLC 1608 S. BROWNLEE BLVD CORPUS CHRISTI, TX 78404 1 (0) 361.946.4848 1 TBPELS FIRM F-12240 munozengrg.com Page 4 of 15 TG H TWO A Master Planned Community CONTENTS GENERAL DEVELOPMENT INFORMATION............................................................................................................3 DEVELOPMENT LOCATION MAP...........................................................................................................................3 ADJACENT LAND USE INFORMATION..................................................................................................................4 ADJACENT FUTURE LAND USE INFORMATION ..................................................................................................4 ADJACENT ZONING INFORMATION-------------------------------------.----------------------------------.-------------5 AREA DEVELOPMENT PLAN INFORMATION ..............................................................................................._._...5 ADJACENT TRANSPORTATION AND CIRCULATION............................................................................................5 UNIFIED DEVELOPMENT CODE AND MODIFICATIONS.....................................................................................6 DEVELOPMENT STANDARD....................................................................................................................................8 MASTERSITE PLAN ..............................................................................................................................................10 SITE DEVELOPMENT PLAN...................................................................................................................................10 SITESECTION VIEWS............................................................................................................................................12 PLANNED UNIT DEVELOPMENT(PUD) PAGE 2 Page 5 of 15 TG H TWO A Master Planned Community GENERAL DEVELOPMENT INFORMATION TG H TWO is a Master Planned Community that is located in the City of Corpus Christi,Nueces County,Texas in the area known as the Westside. The development is a redevelopment project that is being completed by the non-profit organization known as Thanksgiving Homes which is an affiliate of the Corpus Christi Housing Authority (CCHA). Thanksgiving Homes is the first Corpus Christi Housing Authority(CCHA)initiative to focus on single-family housing rentals and sales.This innovative concept identifies moderately priced,typically infill lots,many that have become problematic over time. Thanksgiving Homes has developed a proven model to turn these challenging infill lots into opportunities for many who thought home ownership was not an option. Thanksgiving Homes continues to R evolve with the needs of our city and continues to look at the needs of our region and address them with this development by the placement of these new homes which will help revitalize the neighborhood and in turn minimize the housing shortage of the area. The location of the development is on the property that once was the Lozano Elementary School which has since o been closed and the property cleared of the former improvements. The proposed community will consist of 35 single-family residential lots and 1 community lot that will be a park area. The intent of the project is to be able ' to provide The current legal description of the property is Lozano Elementary School Tract,Block 1,Lot 1 and will be replated i 'i to become known as TG TWO. DEVELOPMENT LOCATION Nttj � Corpus Christi Viewer IWIWAM• 0 0 PW - Fstem E'I Development Location T.—PzrkeE,C G—, IN-_�CVEWI Imer ,VCO W ETVNIEA,CPA,USDA 7f� Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. PLANNED UNIT DEVELOPMENT(PUD) PAGE 3 Page 6 of 15 TG H TWO A Master Planned Community ADJACENT LAND USE INFORMATION �s C t ``�` Q - - - `® ..i 00 00 4, long •■ �► sor ` j Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. ADJACENT FUTURE LAND USE INFORMATION • o �8*6El � ■ � i mom WqW-jqWV4W4W IF 0 P, .� 7 6 , �•�oll Fa a� z,,, s - ✓ie�t�,es i�. ,�,,-,,rer,�r.�_:T r. ���.hr i�,aca..-r„ ��>, �'�i Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. PLANNED UNIT DEVELOPMENT(PUD) PAGE 4 Page 7 of 15 TG TWO A Master Planned Community ADJACENT ZONING INFORMATION Corpus ChriSLI VW-i 7� RS- RIri.3 QRS-5 = i. R5.6' R 8 RM.3 RIO 3 –6 CN-1 LRM RS-fi" RS 1 LRM R S=G R5 6 �.u 5 -—2' RM-1r CG-2 c' IL CG-2 cl'i RS-TF L 2h, �A_' ns-8 LM CG... R g7TF Rb-6 RS�i,E CG: CG-2 _I Api 51 r B� RS-T RM-3 A? ON I CNA rG CN I CNA ON it, RM Cil-1 -.6. ON I GN-1 CG_2 RSL6 LG-i �RM IN I CN:N kft Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. AREA DEVELOPMENT PLAN INFORMATION The development is located within the Westside Area Development Plan(ADP). This PUD addresses the Westside ADP Plan Recommendations Section B—Community Development,B.1—Policy Statement;which -up/Redevelopment. Furthermore,this PUD addresses the Westside desires for Community Clean ADP Plan Recommendations Section B—Community Development,B.3—Policy Statement;which desires for encouraging new owner-occupied housing by the following: 1. Reducing local street widths 2. Reduce required lot sizes, 3. Reduce sidewalk requirements iii 4. Encouraging innovative designs and technologies in new developments ADJACENT TRANSPORTATION AND CIRCULATION The development is located on Osage Street with 710-feet of street frontage and is located on Aztec Street with 273-feet of street frontage. Osage Street is classified as a Local Street with an existing street section consisting of 60-foot Right-of-Way,36-feet paved,and is capable of handling 1,600 Average Daily Trips(ADT). Aztec Street is classified as a Local Street with an existing street section consisting of 60-foot Right-of-Way,36-feet paved, and is capable of handling 1,600 Average Daily Trips(ADT). PLANNED UNIT DEVELOPMENT(PUD) PAGE 5 ,jam o Page 8 of 15 TG H TWO A Master Planned Community j UNIFIED DEVELOPMENT CODE AND MODIFICATIONS This development shall be governed by the City of Corpus Christi Unified Development Code(UDC)with adoption date of December 2022(hereinafter referred to as UDC)with the Base Zoning being RS-4.5 with the following modifications: The UDC Article 4: Base Zoning Districts shall be modified as per the following: REQUIREMENT UDC REQUIREMENTS PUD DEVIATIONS The cumulative area of any The cumulative area of impermeable surface area any impermeable 4.2.5.E Single and Two-Family located in the required surface area located in Residential Parking street yard,shall not the required street yard, o exceed 50%of the area of shall not exceed 70%of the required street yard. the area of the required street yard. U DC BASE ZONING REQUIREMENTS REQUIREMENT (RS-6) PUD DEVIATIONS Minimum Lot Area{Square Feet) 6,000 3,000 Minimum Lot Width(Feet) 50 30 Block 1—35 Block 2—35 Minimum Yard(Feet)—Street 20 Block 3—20 Block 4—20 Minimum Yard(Feet)—Street Corner 10 10 Minimum Yard(Feet)—Side Single 5 5 Minimum Yard(Feet)—Side Total 10 10 Minimum Yard(Feet)—Rear 5 10 Minimum Open Space(Percent of Total 30 20 Area) Maximum Height(Feet) 35 35 ii PLANNED UNIT DEVELOPMENT(PUD) PAGE 6 ,jam o Page 9 of 15 TG H TWO A Master Planned Community The UDC Article 7:General Development Standards shall be modified as per the following: REQUIREMENT UDC REQUIREMENT PUD DEVIATIONS Section 7.1.7.0 Minimum Property Line Clearance The minimum property line Driveways serving all lots clearance for all residential may be abutted against the driveways on residentially lot line and the flare return zoned lots on local streets or flare shall be allowed to shall be the curb radius or encroach over the property flare distance,with the line extended by5 feet. exception of driveways serving zero lot line single family residences where the flare return or flare shall be allowed to encroach over the property line extended by 3- feet,provided The UDC Article 8:Subdivision Design and Improvements shall be modified as per the following: REQUIREMENT UDC REQUIREMENT PUD DEVIATIONS Section 8.2.1.13 Street Right-of-Way Dimensional Standards Local Street Section Type L-1A TGH-1 Right-of-Way 50-feet 50-feet Back-of-Curb to Back-of-Curb 28-feet 32-feet Planting/Utility Area 6-feet(Both Sides) 5-feet and 13-feet Sidewalk Width 4-feet 6-feet Tied Sidewalk Not Allowed Allowed Sidewalk Both Sides Required Required 1-side Parking Lanes Two Two Refer to Site Section Views for additional information Section 8.2.2 Sidewalks A. Required Improvements In accordance with Section Modified as per PUD 8.2.1.B Requirements Sidewalk must provide connection to Block 3,Lot 1 (Park) PLANNED UNIT DEVELOPMENT(PUD) PAGE 7 Page 10 of 15 TG H TWO A Master Planned Community DEVELOPMENT STANDARD The Development shall follow the guidelines below: DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lots 1 1-15 2 1-17 4 1-3 Common Area Lots 1 3 1 1 The Residential Lots within the development shall follow the guidelines below: DESCRIPTION REQUIREMENT Usage Residential Minimum Open Space(Percent) 20 Building Height—Maximum(Feet) 35 Building Spacing—Minimum(Feet) 10 Parking Requirement Per Unit(within lot) 2—Paved 9-foot wide by 18-foot deep parking spaces min. Maintenance Lot Owner and/or Home Owners Association(HOA) and/or Property Management Group Improvements Allowed Residential structure(s)and support structure(s) including decks,porches,pavement(s),fencing, landscaping,utilities,etc. Improvement Placement Residential structure(s)and support structure(s) including decks,porches,etc.shall be located within the indicated buildable area. Pavement(s),fencing, and landscaping can be located anywhere on the lot. Special Requirement All lots are to front the new public street and no lot shall have driveway access to Osage Street or to Aztec Street This Portion of the Page Intentionally Left Blank o PLANNED UNIT DEVELOPMENT(PUD) PAGE 8 ,jam o Page 11 of 15 TG H TWO A Master Planned Community The Common Area Lots within the development shall follow the guidelines below: DESCRIPTION REQUIREMENT Usage Non-Residential Structures supporting the Community Minimum Open Space(Percent) 50 Building Height—Maximum(Feet) 20 Building Spacing—Minimum(Feet) 10 Maintenance Home Owners Association(HOA)and/or Property Management Group Improvements Allowed Non-Residential structure(s)and support structure(s) including decks,pools,porches,pavement(s),fencing, landscaping,utilities,etc. Improvement Placement Non-Residential structure(s)and support structure(s) including decks,porches,pools,etc.shall be located within the indicated buildable area. Pavement(s), fencing,and landscaping can be located anywhere on the lot. This Portion of the Page Intentionally Left Blank PLANNED UNIT DEVELOPMENT(PUD) PAGE 9 Page 12 of 15 TG H TWO A Master Planned Community MASTER SITE PLAN O AGE S E 67ING PVaLI $TG 6TaEET) LGT 3 BLOGK 1 5,312:F. — BLOCK4 lA.Te F_ LOT51 0 130 .F. J/ VEW PJELIC STREET ELDCK d LOT1 5�0 0 _ (-R r e q e e — 3LOCK" Note: Refer to the Fina!Piatfor additional information regarding the iot dimensions. SITE DEVELOPMENT PLAN The Lot Layout: ^CE 3TP,EET �FXIS-IVG PU3Lt 3TR-ET LGTz LOT 1 / NEW.PL ELIC STREET ELICkI ora I PRIVATEPARK) I j P V O`IVG LC-FAMILY LCT "� OCGM1IMJN LO(PNi<J OSTREET RIGFT-JF�^A4V CPl.6LISJ PLANNED UNIT DEVELOPMENT(PUD) PAGE 10 Page 13 of 15 TG H TWO A Master Planned Community The Setbacks ---------------------------- (EX S7 ING PIIBLIIL STREET) PLOCK1 LOTS ELOCK4 LIT2 1 LOT 1 J/ VEW—IIC STREET 8L K3 OLr )Ffil ATC PA f 1 II Lecewo r- = J J - O IT ERCNT SET-1 r - - 1'.1o17 SETE- " 'P SII IF SF IILV% O 10'SIDE EE EPGK O 10'REAR SETEAGK The Driveways and Lot Parking 0SLREEL (E%ISLINZp PI N� VBLIC 50.EET' PLO:;K� LOTS BLOCL4 LOT - NEW%IELIc 3TFEET oL ca DTI (FRI ATE L—ND JaI1E1vaY lwo ..ry SITE-NG I ? J nAEa a !�r/ PLANNED UNIT DEVELOPMENT(PUD) PAGE 11 Page 14 of 15 TG H TWO A Master Planned Community SITE SECTION VIEWS The Typical Development Cross Section along the main drive is as below: 'i i 35'Yard I Public Street I 35'Yard ° Requirement Requirement The Typical Development Street Cross Section along the main drive is as below: I I I I I I I I n3 3 I v 7 Q L Q to I v in (Uto moi C U f U I M a io II moi/ o, N/ Cx � CENTERLINE OF PAVEMENT CENTERLINE OF ROW I RO'N D 50.0' 250 250' ROW TO 32.0'CURB BAS�K TO CUFF BACK / CURB ROW TO CURB BACK BACK PARKING T a.EL-J'JE PARKING 6G' 2.0' 0'2. H.D' MEAP17-1NG iTR4��L LAi`It Tf'.4�EL;a PJt S IO E.1rALK `^.. .a... I C}—1147 EM U BILI i Y 12.0'(18"T048'PIPET /� , TCS UIIVATER 7.0'� UI'I LI"' WASTEWATER UTILITY T PLANNED UNIT DEVELOPMENT(PUD) PAGE 12 Page 15 of 15 Zoning Case No. 0823-02, Thanksgiving Homes (District 1). Ordinance rezoning a property at or near 650 Osage Street from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development Overlay; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) 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; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 1 , Block 1 , Lozano Elementary School as shown in Exhibit «A,,: From the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single- Family 6 District with a Planned Unit Development Overlay. The subject property is located at or near 650 Osage Street. Exhibit A, a map, is attached to and incorporated in this ordinance. Exhibit B, the PUD (Planned Unit Development) guideline document, is also attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1 . Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the properties in accordance with the TGH TWO Planned Unit Development (PUD) Guidelines and Master Site Plan, attached as Exhibit B, and to the satisfaction of the Technical Review Committee (TRC). 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. 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 8. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit (A) Existing Zoning and Notice Area CG-2 36 CG- 35 CG"2 Q9�� 34 2 33 46 32 r7 47 38 31 39 30 48 . 40 29 49 41 28 w 50 p 42 27 0 51 43 ° SUBJECT 26 1 i/ilii,/ 52 O 44 zs PROPERTY RS-6 53 R'S 24 54 45 -6 23 55 22 56 5 21 11 57 20 j 3 AZTEC ST 4 RS- 12 13 18 19 9R�S- 11 14 17 z 8 SO �Rq 10 F� 7 15 16 �, 6 T-1 How CASE: 0823-02 N Zoning and notice Area W L .g. RM-1 Multifamilyl IL Light Industrial RM-2 Multifamily2 IH Heavy Industrial RM-3 Multifami 143 PUD Planned Unit Day.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT R" Single-Family6 CN-1 Neighborhood Commercial RS-0.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS_TH Townhouse - CG-2 General Commercial SP Special Permit � Cl Intensive Commercial RV Recreational Vehicle Park SUBJEC(T\ CBD Downtown Commercial RMH Manufactured Home PROPERTY R3 Farsm Rural u rt Commercial FIR 9 ewt H Historic Overlay BPusiness Park y` \ ❑ e 0 Sub1ecrvroPercy ors 4f wltn 200'Aulfer Olnwnefavor „}a} {vis, t 4 ownersw ln2oo'n ea on owner City of a Esl i,FiEL LOCATION MAP attanhetl ownership(a01e X In oppos�flon Corpus Y `- r Christi se +� r Page 3 of 3 Exhibit (B) PUD (Planned Unit Development) Guideline Document TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT ( PUD ) CORPUS CHRISTI, TEXAS OCTOBER 2023 OWNER AND DEVELOPER SUBMITTED BY ME- MUNOZ ENGINEERING MUNOZ ENGINEERING, LLC Thanksgiving Homo* ENGINEER A CCNAAflialte THOMAS B.TIFFIN, PE MUNOZ ENGINEERING, LLC 1608 S. BROWNLEE BLVD I CORPUS CHRISTI, TX 78404 1 (0) 361.946.4848 1 TBPELS FIRM F-12240 munozengrg.com TGH TWO A Master Planned Community CONTENTS GENERAL DEVELOPMENT INFORMATION............................................................................................................3 DEVELOPMENT LOCATION MAP ...........................................................................................................................3 ADJACENT LAND USE INFORMATION ..................................................................................................................4 ADJACENT FUTURE LAND USE INFORMATION ..................................................................................................4 ADJACENT ZONING INFORMATION ......................................................................................................................5 AREA DEVELOPMENT PLAN INFORMATION .......................................................................................................5 ADJACENT TRANSPORTATION AND CIRCULATION ............................................................................................5 UNIFIED DEVELOPMENT CODE AND MODIFICATIONS .....................................................................................6 DEVELOPMENT STANDARD ....................................................................................................................................8 MASTERSITE PLAN ..............................................................................................................................................10 SITE DEVELOPMENT PLAN...................................................................................................................................10 SITESECTION VIEWS............................................................................................................................................12 PLANNED UNIT DEVELOPMENT(PUD) PAGE 2 TGH TWO A Master Planned Community GENERAL DEVELOPMENT INFORMATION TGH TWO is a Master Planned Community that is located in the City of Corpus Christi, Nueces County,Texas in the area known as the Westside. The development is a redevelopment project that is being completed by the non-profit organization known as Thanksgiving Homes which is an affiliate of the Corpus Christi Housing Authority (CCHA). Thanksgiving Homes is the first Corpus Christi Housing Authority(CCHA)initiative to focus on single-family housing rentals and sales. This innovative concept identifies moderately priced,typically infill lots, many that have become problematic over time. Thanksgiving Homes has developed a proven model to turn these challenging infill lots into opportunities for many who thought home ownership was not an option. Thanksgiving Homes continues to evolve with the needs of our city and continues to look at the needs of our region and address them with this development by the placement of these new homes which will help revitalize the neighborhood and in turn minimize the housing shortage of the area. The location of the development is on the property that once was the Lozano Elementary School which has since been closed and the property cleared of the former improvements. The proposed community will consist of 35 single-family residential lots and 1 community lot that will be a park area. The intent of the project is to be able to provide The current legal description of the property is Lozano Elementary School Tract, Block 1, Lot 1 and will be replated to become known as TGH TWO. DEVELOPMENT LOCATION MAP Corpus Christi Viewer CltyMap rarers • © Rd.d5, _ Awit,St ... Hip M1a 51 V Development Location iiiii- i _ -S, V eNuvh 9y �.r S•e o a (:i�51 'n dpSt N Q = N�rjs` d 600h m.miid si N a &W'i Id.'. .E,-7,HERE,Garman,INCREMENT P,Int-np,USGS,METI/NASA,EPA,U5DA Note: This map is a selected portion from the City of Corpus Christi GIs map and obtained on 06/02/2023. PLANNED UNIT DEVELOPMENT(PUD) PAGE 3 TGH TWO A Master Planned Community ADJACENT LAND USE INFORMATION Corpus Christi Viewer CltyMap Layers i • � s R C to L1owl qW u - -- bk *410, ��� ca' IrII --� � o _ o O 1 Wry ver c HL n r ^ Texas P ks&W'11,T fe,Esr,HERE,Garm n,INCREMENT P,Intermap USGS,METI/NASA,EPA,USDA Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. ADJACENT FUTURE LAND USE INFORMATION Corpus Christi Viewer C,tyMapLayers e • '1` �► A, FA Texas Parks&Wi I dllf,,E.�fi,HERE,Garm in,INCREMENT P,Intermap,USGS,METI/NASA1EPA,USDA L Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. I PLANNED UNIT DEVELOPMENT(PUD) PAGE 4 TGH TWO A Master Planned Community ADJACENT ZONING INFORMATION Corpus Christi Viewer cltrMapLares i • 0 Rs-TF 5 RM-3IR I RI'E RM-3 RM-3 "RMS R8_6 RM-3 R5 6IL CG-2 R,g6 RS-6 CN-1 RS-6 -6d,�.,�i.� CG 2 CG-2 IL IL b or 51 L IL CN" CG'2 RS TF RS-6 CG.2 RS-TF R8-6 RS.-4.6 Gfnria 5i IL CG-2 Rfv13 CG-2 RI71 R1.1 s RS 6 "b" F CN �. .., IL '' � RS 6✓ RS-6 RS-TF `CN-1 _ CN-1 c`sS, `-N-1 RS-TF CN-1 CN-1 7,��C V '\�_� _ Sf o CG 2 /!'� - RM�1 ON� - v ON ON nn� = 3 R6.6 RM CN:1 CN? CG2 A�5, x CN-1� RS6 CG1 CN�i CN-1 \ RS-TF CN-1' CN.1 = H i - �� rairchtltl Sl QRS-6 _a HHd' ar �. as Parks&Wildlife,Esri,HERE G -�..NCREM ENT P,Inte rmap,USGS,METIiNASA,EPA,USDA Note: This map is a selected portion from the City of Corpus Christi GIs map and obtained on 06/02/2023. AREA DEVELOPMENT PLAN INFORMATION The development is located within the Westside Area Development Plan (ADP). This PUD addresses the City of Corpus Christi Westside ADP—Policy Initiatives and Implementation—Section 4.2; which promotes infill residential development and supports housing agencies that build new homes in existing neighborhoods. ADJACENT TRANSPORTATION AND CIRCULATION The development is located on Osage Street with 710-feet of street frontage and is located on Aztec Street with 273-feet of street frontage. Osage Street is classified as a Local Street with an existing street section consisting of 60-foot Right-of-Way, 36-feet paved, and is capable of handling 1,600 Average Daily Trips (ADT). Aztec Street is classified as a Local Street with an existing street section consisting of 60-foot Right-of-Way, 36-feet paved, and is capable of handling 1,600 Average Daily Trips (ADT). This Portion of the Page Intentionally Left Blank PLANNED UNIT DEVELOPMENT(PUD) PAGE 5 TGH TWO A Master Planned Community UNIFIED DEVELOPMENT CODE AND MODIFICATIONS This development shall be governed by the City of Corpus Christi Unified Development Code(UDC) with adoption date of December2022 (hereinafter referred to as UDC) with the Base Zoning being RS-4.5 with the following modifications: The UDC Article 4: Base Zoning Districts shall be modified as per the following: REQUIREMENT UDC REQUIREMENTS PUD DEVIATIONS The cumulative area of any The cumulative area of impermeable surface area any impermeable 4.2.5.E Single and Two-Family located in the required surface area located inthe required street yard, Residential Parking street yard, shall not o exceed 50%of the area of shall not exceed 70%of the required street yard. the area of the required street yard. UDC BASE ZONING REQUIREMENTS REQUIREMENT (RS-6) PUD DEVIATIONS Minimum Lot Area (Square Feet) 6,000 3,000 Minimum Lot Width (Feet) 50 30 Block 1—35 Block 2—35 Minimum Yard (Feet)—Street 20 Block 3—20 Block 4—20 Minimum Yard (Feet)—Street Corner 10 10 Minimum Yard (Feet)—Side Single 5 5 Minimum Yard (Feet)—Side Total 10 10 Minimum Yard (Feet)— Rear 5 10 Minimum Open Space (Percent of Total 30 20 Area) Maximum Height(Feet) 35 35 PLANNED UNIT DEVELOPMENT(PUD) PAGE 6 TGH TWO A Master Planned Community The UDC Article 7: General Development Standards shall be modified as per the following: -F REQUIREMENT UDC REQUIREMENT PUD DEVIATIONS Section 7.1.7.0 Minimum Property Line Clearance The minimum property line Driveways serving all lots clearance for all residential may be abutted against the driveways on residentially lot line and the flare return zoned lots on local streets or flare shall be allowed to shall be the curb radius or encroach over the property flare distance, with the line extended by 5-feet. exception of driveways serving zero lot line single family residences where the flare return or flare shall be allowed to encroach over the property line extended by 3- feet, provided The UDC Article 8: Subdivision Design and Improvements shall be modified as per the following: -T REQUIREMENT UDC REQUIREMENT PUD DEVIATIONS Section 8.2.1.8 Street Right-of-Way Dimensional Standards Local Street Section Type L-1A TGH-1 Right-of-Way 50-feet 50-feet Back-of-Curb to Back-of-Curb 28-feet 30-feet Planting/ Utility Area 6-feet (Both Sides) 4-feet Sidewalk Width 4-feet 5-feet Tied Sidewalk Not Allowed Allowed Sidewalk Both Sides Required Required Parking Lanes Two Two Refer to Site Section Views for additional information Section 8.2.2 Sidewalks A. Required Improvements In accordance with Section Modified as per PUD 8.2.1.B Requirements Sidewalk must provide connection to Block 3, Lot 1 (Park) PLANNED UNIT DEVELOPMENT(PUD) PAGE 7 TGH TWO A Master Planned Community DEVELOPMENT STANDARD The Development shall follow the guidelines below: DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lots 1 1-15 2 1-17 4 1-3 Common Area Lots 3 1 The Residential Lots within the development shall follow the guidelines below: DESCRIPTION REQUIREMENT Usage Residential Minimum Open Space (Percent) 20 Building Height—Maximum (Feet) 35 Building Spacing— Minimum (Feet) 10 Parking Requirement Per Unit (within lot) 2—Paved 9-foot wide by 18-foot deep parking spaces min. Maintenance Lot Owner and/or Home Owners Association (HOA) and/or Property Management Group Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavement(s), fencing, landscaping, utilities, etc. Improvement Placement Residential structure(s) and support structure(s) including decks, porches, etc. shall be located within the indicated buildable area. Pavement(s), fencing, and landscaping can be located anywhere on the lot. Special Requirement All lots are to front the new public street and no lot shall have driveway access to Osage Street or to Aztec Street This Portion of the Page Intentionally Left Blank PLANNED UNIT DEVELOPMENT(PUD) PAGE 8 TGH TWO A Master Planned Community The Common Area Lots within the development shall follow the guidelines below: DESCRIPTION REQUIREMENT Usage Non-Residential Structures supporting the Community Minimum Open Space (Percent) 50 Building Height—Maximum (Feet) 20 Building Spacing— Minimum (Feet) 10 Maintenance Home Owners Association (HOA) and/or Property Management Group Improvements Allowed Non-Residential structure(s) and support structure(s) including decks, pools, porches, pavement(s), fencing, landscaping, utilities, etc. Improvement Placement Non-Residential structure(s) and support structure(s) including decks, porches, pools, etc. shall be located within the indicated buildable area. Pavement(s), fencing, and landscaping can be located anywhere on the lot. This Portion of the Page Intentionally Left Blank PLANNED UNIT DEVELOPMENT(PUD) PAGE 9 TGH TWO A Master Planned Community 1 ' MASTER SITE PLAN OSAGE STREET (EXISTING PUBLIC STREET) LOTS BLOCK 1 5,342 S.F_ 0o ao 00 0o ao ao 00 00 r± < BLOCK �n Om Ow LOTZ 4,426S.F- LOT 1 4,134 S.F. NEW PUBLIC STREET BLOCK 3 LOT 5,361 S.F. (PARK) I � Lm L Lm Lm r K V O N O o O a O a 07 O e O e O.u'r O e O O a O O O a O O O N F(� z BLOCK 2 N Note: Refer to the Final Plat for additional information regarding the lot dimensions. SITE DEVELOPMENT PLAN The Lot Layout: 01(31 STREET (EXISTING PUBLIC STREET) BLOCK LOT F r F r r F F F BLOCK OT 2 LET NEW PUBLIC STREET BLOCK 3 LOT (PRIVATE PARK} I w E LEGEND SINGLE-FAMILYLOT ~a e COMMON LOT(PARK) F SLOCK2 R STREET RIGHT-OF-WAY (PUBLIC) PLANNED UNIT DEVELOPMENT(PUD) PAGE 10 TGH TWO A Master Planned Community The Setbacks OSAGESTREET (EXISTING PUBLIC STREET) BLOCK 1 LOT 3 BLOCK 4 O o o a o 0 o D o O O O O O O LOT 2 LCT1 - - - - NEW PUBLIC STREET 3L K 3 UT (PRI ATE PA } LEGEND r � �35FRONT SETBACK �� v 20'FONT SETBACK w T SIDE SETBACK F BLOCK2 10'SIDE SET BACK 10'REAR SETBACK The Driveways and Lot Parking OSA PUBLIC ET (EXISTING PUBLIC STREET) BLOCK 1 V�7 O o o a O O O O O OFLOUR 4/ - - -INEW PUBLIC STREETEL^/AY ANDITE PARKINGA wa F BLCCK2 X PLANNED UNIT DEVELOPMENT(PUD) PAGE 11 TGH TWO A Master Planned Community SITE SECTION VIEWS The Typical Development Cross Section Along The Main Drive is as below: 35'Yard Public Street 35'Yard +! L C: c Requirement Requirement N L N L Enlarged Typical Development Street Cross Section Along The Main Drive is as below: i�ROW CENTERLINE OF ROW �CENTERLINE OF PAVEMENT ROW Ali 50.0' 25,0' 25,0' 10.0' 10.0' ROW TO CURB BACK 30.0'CURB BACK TO CURB BACK ISI ROW TO CURB BACK 8.5' 13.0' 8.5' PARKING TRAVEL LANE PARKING 5.0' 13.0' � 13,0' ��--II 5.0' SIDEWALK4,0' 20' TRAVEL LANE TRAVEL LANE 2'0 4'0-}-SIDEWALK 1'0 ---2%SLOPE(TYP.} 2%SLOPE(TYP,)--- STANDARD a-WATER UTILITY FLEXIBLE PAVEMENT STORMWATER_ UTILITY STORMWATER 6.5" Iii ' �8.5'(18"TO 24"PIPE)" UTILITYWASTEWATER UTILITY 15.0'(18"TO 48"PIPE)---? PLANNED UNIT DEVELOPMENT(PUD) PAGE 12 ZONING REPORT Case # 0823-02 Applicant & Subject Property City Council District: 1 Owner: Thanksgiving Homes. Applicant: Thanksgiving Homes. Address: 650 Osage Street, located along the east side of Osage Street, south of Baldwin Boulevard, and north of Aztec Street. Legal Description: Lot 1, Block 1, Lozano Elementary School Acreage of Subject Property: 4.04 acres Pre-Submission Meeting: July 5, 2023 Zoning Request From: "RS-6" Single-Family 6 District To: "RS-6/PUD" Single-Family 6 District with a Planned Unit Development Overlay Purpose of Request: To allow for a single-family subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Public/Semi-Public Medium-Density Residential North "CG-2" General Commercial Commercial,Vacant Mixed Use South East "RS-6" Single-Family 6 Low-Density Residential, Medium-Density Residential Vacant West Plat Status: The property is currently platted as one lot. Replatting for a residential subdivision will be required. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Osage Street Street Local Residential 2 Lanes, 50' 2 Lanes, 60' Designation-Urban Section Proposed Section Existing Street Aztec Street Local Residential 2 Lanes, 50' 2 Lanes, 60' Transit: The Corpus Christi RTA provides service to the subject property via bus routes 12 Hillcrest/Baldwin along Baldwin Boulevard less than half a mile away, 16 Morgan/Port along Morgan Avenue less than half a mile away, and 37 Crosstown less than a mile away at Baldwin Boulevard and Blake and Morgan Avenue and Rosewood Street. Bicycle Mobility Plan: The subject property is approximately 900 feet away from a proposed bike boulevard along Cheyenne Street and Sabinas Street and approximately 2,200 feet from a proposed one-way cycle track (required on both sides of the road) along Tarlton Street that connects Cheyenne Street and Sabinas Street. Utilities Gas: A 2-inch active WS and PE line exists along the west side of Osage Street. An 8-inch active WS line also runs along the south side of Aztec Street. Stormwater: A 21-inch active RCP line exists along the north side of Aztec Street. Wastewater: An 8-inch active VCP line exists along the north side of Aztec Street and 18-in active RCP line exists along the west side of Osage Street. Water: A 6-inch active ACP line exists along the west side of Osage Street and along the souths side of Aztec Street. Corpus Christi Comprehensive Plan (Plan CC) 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 Westside Area Development Plan (Adopted on January 10, 2023). 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 57 within a 200-foot notification area 6 outside 200-foot notification area In Favor 1 inside the notification area 0 outside the notification area 1.10% in favor within the 200-foot notification area. In Opposition 7 inside the notification area 0 outside the notification area 11 .42 % in opposition within the 200-foot notification area (6 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: August 9, 2023 City Council 1St Reading/Public Hearing Date: November 14, 2023 City Council 2nd Reading Date: November 28, 2023 Background: The subject property is a platted 4.04-acre site being proposed for an infill PUD (Planned Unit Development) within the westside area that will accommodate a medium-density residential development with 35 lots. It is the former site of the Lozano Elementary School. To the north, the property is bounded by a general commercial district with commercial uses. To the east, west, and south, the property is bounded by residential subdivisions zoned "RS-6" Single- Family 6 District. The request for a PUD (Planned Unit Development) overlay is to allow for the construction of a single-family subdivision with reduced UDC (Unified Development Code) development (bulk, driveway, and parking) and subdivision standards. The deviations to the underlying zoning district are as follow: UDC Standard PUD RS-6 Zoning District Deviation Min. Lot Area 6,000 SF 3,000 SF W Min. Lot Width 50' 30' Min.Yard; Street 25' 35' (Blocks 1-2) 20' (Blocks 3-4) a Min. Yard; Street Corner 10' 10' cO Min. Yard; Side 5' 5' a� Min. Yard; Side Total 10' 10' E Min. Yard; Rear 5' 10' o Min. Open Space 30% 20% > Max. Height 35' 35' a� 0 UDC 4.2.5.E. Single and The cumulative area of The cumulative Two-Family Residential any impermeable area of any Parking surface area located in impermeable the required street yard surface area shall not exceed 50% of located in the the area of the required required street yard street yard. shall not exceed 70% of the area of the required street CO yard. Driveway approach The minimum property Driveways serving W minimum property line line clearance for all all lots may be p clearance. residential driveways on abutted against the residentially zoned lots lot line and the flare E on local streets shall be return or flare shall a the curb radius or flare be allowed to a distance with the encroach over the = exception of driveways property line �a serving zero lot line extended by 5 feet. single family residences where the flare return or o flare shall be allowed to encroach over the property line extended by 3 feet provided that appropriate notice is included on the subdivision plat. UDC Standard PUD RS-6 Zoning District Deviation STREETS W Local Street Type L1-A Right-of-Way Width 50' 50' c BC (Back-of-Curb)to BC 28' 32' Planting/Utility Area 6' (Both Sides) 5' & 13' Sidewalk Width 4' Min. 6' P Tied Sidewalk Not Allowed Allowed W Sidewalk Required (Both Sides) Required (1 Side) Parking 2 2 g Sidewalks Sidewalk Required (Both Sides) 1 Side. Must provide connection to Lot CO 1, Block 3 (Park). Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Housings & Neighborhoods: o Corpus Christi has a comprehensive housing policy to advise the City on the development of quality housing for residents of all income levels in all parts of the city. ■ Support non-profit organizations in housing production and explore the creation of community development corporations that assist with neighborhood revitalization projects. o Quality housing meets the diverse needs of households at all income levels and all states of the life cycle. ■ Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing types-rental and ownership, market rate, and assistance- to meet community needs. o New and redeveloped housing is resource efficient. ■ Promote resource efficiency in al new housing through financial or non- financial incentives, such as permit streamlining. o Corpus Christi sustains and maintains established neighborhoods. ■ Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. ■ Support exploration of local nonprofit community development corporations which can assist in revitalizing neighborhoods through affordable housing and commercial development, job creation initiatives, neighborhood planning, and advocacy. o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complex developments with a lack of connection. ■ Consider regulations, projects, incentives, and guidelines that promote interconnected development, such as development with a well-connected street network or appropriate connections to neighboring subdivisions, designations, or bicycle/pedestrian facilities. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. ■ Promote the stabilization, revitalization, and redevelopment of neighborhoods. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. ■ Promote and incentivize with both financial and non-financial incentives the location of new residential developments adjacent to and connected to existing developments. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage and incentivize with both financial and non-financial incentives, design standards that result in high-quality built environments. ■ Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. ■ Encourage convenient access from medium-density residential development to arterial roads. Westside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: • The proposed rezoning is consistent with the future land use designation of Medium- Density Residential. • The proposed rezoning is consistent with the following policy initiatives and implementation of the Westside ADP: o Support a variety of housing options and affordability levels to encourage home ownership and sustain the existing housing stock. o Continue to promote infill residential development. o Support housing agencies that build new homes in existing neighborhoods. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with the Future Land Use Map and many broader elements of the City of Corpus Christi Comprehensive Plan. • A PUD (Planned Unit Development) may be used, per the UDC (Unified Development Code) to permit master planned communities. The proposed development meets the following criteria for a PUD (Planned Unit Development): o The development is in harmony with the character of the surrounding area. o The Development is in conformity with the Comprehensive Plan and is consistent with the intent of the UDC Planned Unit Development prescription. • Thanksgiving Homes LLC, an affiliate of the Corpus Christi Housing Authority (CCHA), selects infill lots, particularly those that may have been problematic over time, for residential development to increase home ownership across a selected group of the population to help with the housing needs of the community. • The subject property is the former site of the Lozano Elementary School which was closed for some time and has been cleared for development. It is situated within a large "RS-6" Single-Family 6 District south of Baldwin Boulevard and east of Osage Street and is part of an old subdivision and neighborhood with medium-density residential uses. • The applicant is requesting a Planned Unit Development Overlay over the current base zoning district to allow some flexibility in the subdivision and development standards prescribed by the UDC (Unified Development Code). The flexed standards, while they will allow the block to contain more lots, will still produce a medium-density development. • The previously drafted Westside Area Development Plan, adopted in 1995, designated the neighborhood of the development as a target area that should facilitate single-family developments through the non-financial incentive of reduced subdivision and development standards. The purpose of target areas is for rehabilitation and redevelopment. • The westside area is mostly built out and the applicant's proposal is a great opportunity to renew interest in an area in need of restoration. The proposed Planned Unit Development mirrors the goals of Plan CC's (City of Corpus Christi Comprehensive Plan) orderly development by siting land uses based on characteristics, compatibility, and locational needs to accommodate growth and the need and challenges for housing. • The PUD (Planned Unit Development) is appropriate where sited and compatible with the surrounding uses and districts. Plan CC (The City of Corpus Christi Comprehensive Plan) encourages interconnected developments. The infrastructures to support the development are already in place, and where lacking, is provided within the development. The nearest park that does not require the crossing of major roadways is within a one-mile radius southeast of the subject property. The development includes a private park. The site is serviced by the Corpus Christi Regional Transportation Authority (CCRTA) and is near planned mobility infrastructure two blocks to the east and west (along Cheyenne Street to the west, Sabinas Street to the west, and Tarlton Street to the south). The development plans indicate a sidewalk that will connect to the existing networks along Aztec Street and Osage Street. 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 and Staff Recommendation (August 9, 2023): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a PUD (Planned Unit Development) Overlay. Refer to attached Planned Unit Development Guideline document. Attachment: (A) Existing Zoning and Notice Area Map, (B) PUD (Planned Unit Development) Guideline Document, (C) Returned Notices Attachment: (A) Existing Zoning and Notice Area CG-2 36 CG-2 35 CO-2' Bq�� O� 34 2 33 46 32 r7 47 38 3139 30 48 40 29 49 41 F- 28 28 Un LU 50 42 Y� 27 0 51 ° 43 _ SUBJECT 0 26 1 52 O 44 z5 PROPERTY �s RS-6 53 R'S 24 54 45 -6 23 55 22 56 5 21 20 57 3 AZTEC ST 4 RS-6 12 13 18 19 9Rks- 11 14 17 0 8 107 15 16 6 CASE: 0823-02 Zoning and notice Area Rd-1 Multifamily IL Light Industrial RM-2 Multifamilyt IHHeavy Industrial x RM-3Multifamily3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 Rd-AT Multifamily AT CN-1 Neighborhood Commercial RS-6 Single-Family6 - v 9 RS4S Singl ly 4.5 CN-2 Neighborhood Commercial RS-TFTwo-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate rc CG-1 General Commercial RS.TH Townhouse CG-2 General Commercial SP Special Permit .v CI Intensive Commercial Recreational Vehicle Park : SUBJECT - CBD Downtown Commercial RMH Manufactured Home PROPERTY CR-3 Resort Commercial '. FR Farm Rural H Historic Overlay A BP Business Park s• Subject Property O Owners. .r with 200'buffer fn f.,- 1 avor 1Ownerswithm2o0'nstede owners City of Esri,EIERE etta�hed ow—h,p fade X,�opp—b- Corpus LOCATION MAP Christi a Attachment: (B) PUD (Planned Unit Development) Guideline Document TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) CORPUS CHRISTI, TEXAS AUGUST 2023 OWNER AND DEVELOPER SUBMITTED BY ME MUNOZ ENGINEERYNG MUNOZ ENGINEERING, LLC . .ornes ENGINEER A CCHA Affiliate THOMAS B.TIFFIN,PE MUNOZ ENGINEERING, LLC 1608 S. BROWNLEE BLVD I CORPUS CHRISTI, TX 78404 1 (0) 361.946.4848 1 TBPELS FIRM F-12240 munozengrg.com TG H TWO A Master Planned Community CONTENTS GENERAL DEVELOPMENT INFORMATION............................................................................................................3 DEVELOPMENT LOCATION MAP---------------------------------------------------------------------------.-------------3 ADJACENT LAND USE INFORMATION..................................................................................................................4 ADJACENT FUTURE LAND USE INFORMATION .........................................................................................._._...4 ADJACENT ZONING INFORMATION......................................................................................................................5 AREA DEVELOPMENT PLAN INFORMATION .......................................................................................................5 ADJACENT TRANSPORTATION AND CIRCULATION............................................................................................5 UNIFIED DEVELOPMENT CODE AND MODIFICATIONS.....................................................................................6 DEVELOPMENT STANDARD....................................................................................................................................8 MASTERSITE PLAN --------------------------------------------------------.--------------------------------------------.10 SITE DEVELOPMENT PLAN...................................................................................................................................10 SITE SECTION VIEWS------------------------------------------------------.--------------------------------------------.12 PLANNED UNIT DEVELOPMENT(PUD) PAGE 2 TG H TWO A Master Planned Community GENERAL DEVELOPMENT INFORMATION TG H TWO is a Master Planned Community that is located in the City of Corpus Christi,Nueces County,Texas in the area known as the Westside. The development is a redevelopment project that is being completed by the non-profit organization known as Thanksgiving Homes which is an affiliate of the Corpus Christi Housing Authority (CCHA). Thanksgiving Homes is the first Corpus Christi Housing Authority(CCHA)initiative to focus on single-family housing rentals and sales.This innovative concept identifies moderately priced,typically infill lots,many that have become problematic over time. Thanksgiving Homes has developed a proven model to turn these challenging infill lots into opportunities for many who thought home ownership was not an option. Thanksgiving Homes continues to evolve with the needs of our city and continues to look at the needs of our region and address them with this development b the placement of these new homes which will help revitalize the neighborhood and in turn P y P P g minimize the housing shortage of the area. The location of the development is on the property that once was the Lozano Elementary School which has since been closed and the property cleared of the former improvements. The proposed community will consist of 35 'o single-family residential lots and 1 community lot that will be a park area. The intent of the project is to be able to provide The current legal description of the property is Lozano Elementary School Tract,Block 1,Lot 1 and will be replated to become known as TG TWD. DEVELOPMENT LOCATION MAP ® Corpus Christi Verner i..h ti_ 1r Development Locationp 4 r.usr—sswnar�,-5a.uErr m-�ruurtrri—,,,p.a=_cs.r,!Ervrsasa,rra.woa Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. PLANNED UNIT DEVELOPMENT(PUD) PAGE 3 TG H TWO A Master Planned Community ADJACENT LAND USE INFORMATION Corpus Christi Viewer C,M-wd�� 01 1611 03 M.-ME � .ter O1 4M if A; ;` rao.VSCS MET1iNAS,4,EPA,USDA (�,.A 4) Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. ADJACENT FUTURE LAND USE INFORMATION Corpus Christi Viewer asi • 0bz _ NMI imom W%QWV4W4W t MMM �1 r ''°gam 4wV �•� Ka t�oz a Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. PLANNED UNIT DEVELOPMENT(PUD) PAGE 4 TG H TWO A Master Planned Community ADJACENT ZONING INFORMATION Corpus Chrlsti Viewer _ RS-e JI RS TF RM-6 QRS-d RS�B� RM-3 RN-J 'Rh1-3 © RS 6 9N-1 R ...._i L RM-7 RS 5 C 2 R56 .GN-1 RSn Ol�inid�aiw:�� RM11-i F„f �L CG-2sFi^-e TM !L IL GG-2 �F n ILCN=7 RM-7 CG-2^ AS-S n<RS-TE�RM-1� RS�6 CG-2 RrTF RS-- RS4E CN-1 CG-: CG-2 q r r- Api 51 RM-3 CG.2 RS-'fes RS-6 - RS-6 0 L RS-E,N 1 RS-TF CN:1 R9-f CN t RV r' CN-1 CN C= N7 i ON ON h. \-1 CN 1 RS 6 �; — a,Ai.eeA R6' CNA RM 1YY jJ//yy [G.i CN-11 ( CN 1 CNv\ R6.TF µ I CN'I` fAOfl R'3-E7 CN 1., .y„ 4r =a kz&W'ilcliis Es FEpE,�arm'.n N _ -- [W �'i`1 1 Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. AREA DEVELOPMENT PLAN INFORMATI011 The development is located within the Westside Area Development Plan(ADP). This PUD addresses the Westside ADP Plan Recommendations Section B—Community Development B.1—Policy Statement;which desires for Community Clean-up/Redevelopment. Furthermore,this PUD addresses the Westside ADP Plan Recommendations Section B—Community Development B.3—Policy Statement;which desires for encouraging new owner-occupied housing by the following: 1. Reducing local street widths 2. Reduce required lot sizes, 3. Reduce sidewalk requirements 4. Encouraging innovative designs and technologies in new developments ADJACENT TRANSPORTATION AND CIRCULATION The development is located on Osage Street with 710-feet of street frontage and is located on Aztec Street with 273-feet of street frontage. Osage Street is classified as a Local Street with an existing street section consisting of 60-foot Right-of-Way,36-feet paved,and is capable of handling 1,600 Average Daily Trips(ADT). Aztec Street is classified as a Local Street with an existing street section consisting of 60-foot Right-of-Way,36-feet paved, and is capable of handling 1,600 Average Daily Trips(ADT). PLANNED UNIT DEVELOPMENT(PUD) PAGE 5 TG H TWO A Master Planned Community UNIFIED DEVELOPMENT CODE AND MODIFICATIONS This development shall be governed by the City of Corpus Christi Unified Development Code(UDC)with adoption date of December 2022(hereinafter referred to as UDC)with the Base Zoning being RS-4.5 with the following modifications: The UDC Article 4: Base Zoning Districts shall be modified as per the following: REQUIREMENT UDC REQUIREMENTS PUD DEVIATIONS The cumulative area of any The cumulative area of any impermeable impermeable surface area surface area located in 4.2.5.E Single and Two-Family located in the required Residential Parking street yard,shall not the required street yard, o exceed 50%of the area of shall not exceed 70%of the required street yard. the area of the required street yard. U DC BASE ZONING REQUIREMENTS REQUIREMENT (RS-6) PUD DEVIATIONS Minimum Lot Area{square Feet) 6,000 3,000 Minimum Lot Width{Feet) 50 30 Block 1—35 Block 2—35 Minimum Yard(Feet)—Street 20 Block 3—20 Block 4—20 Minimum Yard(Feet)—Street Corner 10 10 Minimum Yard(Feet)—Side Single 5 5 Minimum Yard(Feet)—Side Total 10 10 Minimum Yard(Feet)—Rear 5 10 Minimum Open Space(Percent of Total 30 20 Area) Maximum Height(Feet) 35 35 PLANNED UNIT DEVELOPMENT(PUD) PAGE 6 TG H TWO A Master Planned Community The UDC Article 7:General Development Standards shall be modified as per the following: REQUIREMENT UDC REQUIREMENT PUD DEVIATIONS Section 7.1.7.0 Minimum Property Line Clearance The minimum property line Driveways serving all lots clearance for all residential may be abutted against the driveways on residentially lot line and the flare return zoned lots on local streets or flare shall be allowed to shall be the curb radius or encroach over the property flare distance,with the line extended by5 feet. exception of driveways serving zero lot line single family residences where the flare return or flare shall be allowed to encroach over the property line extended by 3 !' feet,provided The UDC Article 8:Subdivision Design and Improvements shall be modified as per the following: REQUIREMENT UDC REQUIREMENT PUD DEVIATIONS Section 8.2.1.B Street Right-of--Way Dimensional Standards Local Street Section Type L-1A TGH-1 Right-of-Way 50-feet 50-feet Back-of-Curb to Back-of-Curb 28-feet 32-feet Planting/Utility Area 6-feet(Both Sides) 5-feet and 13-feet Sidewalk Width 4-feet 6-feet Tied Sidewalk Not Allowed Allowed Sidewalk Both Sides Required Required 1-side Parking Lanes Two Two Refer to Site Section Views for additional information Section 8.2.2 Sidewalks A. Required Improvements In accordance with Section Modified as per PUD 8.2.1.B Requirements Sidewalk must provide connection to Block 3,Lot 1 (Park) PLANNED UNIT DEVELOPMENT(PUD) PAGE 7 TG H TWO A Master Planned Community DEVELOPMENT STANDARD The Development shall follow the guidelines below: DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lots 1 1-15 2 1-17 4 1-3 Common Area Lots 3 1 The Residential Lots within the development shall follow the guidelines below: DESCRIPTION REQUIREMENT Usage Residential Minimum Open Space(Percent) 20 Building Height—Maximum(Feet) 35 i Building Spacing—Minimum(Feet) 10 Parking Requirement Per Unit(within lot) 2—Paved 9-foot wide by 18-foot deep parking spaces min. Maintenance Lot Owner and/or Home Owners Association(HOA) and/or Property Management Group Improvements Allowed Residential structure(s)and support structure(s) including decks,porches,pavement(s),fencing, landscaping,utilities,etc. Improvement Placement Residential structure(s)and support structure(s) including decks,porches,etc.shall be located within the indicated buildable area. Pavement(s),fencing, and landscaping can be located anywhere on the lot. Special Requirement All lots are to front the new public street and no lot shall have driveway access to Osage Street or to Aztec Street This Portion of the Page Intentionally Left Blank PLANNED UNIT DEVELOPMENT(PUD) PAGE 8 TG H TWO A Master Planned Community The Common Area Lots within the development shall follow the guidelines below: DESCRIPTION REQUIREMENT Usage Non-Residential Structures supporting the Community Minimum Open Space(Percent) 50 Building Height—Maximum(Feet) 20 Building Spacing—Minimum(Feet) 10 Maintenance Home Owners Association(HOA)and/or Property Management Group Improvements Allowed Non-Residential structure(s)and support structure(s) including decks,pools,porches,pavement(s),fencing, landscaping,utilities,etc. Improvement Placement Non-Residential structure(s)and support structure(s) including decks,porches,pools,etc.shall be located within the indicated buildable area. Pavement(s), fencing,and landscaping can be located anywhere on the lot. This Portion of the Page Intentionally Left Blank PLANNED UNIT DEVELOPMENT(PUD) PAGE 9 TG H TWO A Master Planned Community MASTER SITE PLAN 05.4.E......REE. STING PUBLIC STREET)P. GT 5 BLOCK'I RLGCK4 0 0 LOT 1 J VEW-1-1G-ET 3LDCK 3 LDT1 '5 RC1 SF (PAR +r 5 e �i 3LOCIC^ Note: Refer to the Final Piatfor additional information regarding the iot dimensions. SITE DEVELOPMENT PLAN The Lot Layout: :TP-T -IS GP 3LI ST—T) L0'3 sPLOCK -- N- N-RU ELIG ETREET 3LDCK 3 -D.1 PRIV.4TC PFPJp LING LC F-1 LY L.,T +I, P G O COM1IMCN LO(PNiGI 17 �F E XK2 _ �(Pl.6LIC)RI ETJF-WA5 PLANNED UNIT DEVELOPMENT(PUD) PAGE 10 TG H TWO A Master Planned Community The Setbacks F- ----------------------------- - - fE(ENGPIIBLIKrSTRE- BLncn� LOTS BLOCK4 J — — - LET J vEw—10 STREET 8L K3 OTI (FRI ATE PAP EGEND J J J O 35-FENT SEf 1 20E(•K?SEfH4CK O 10 SIDE 5E- The EThe Driveways and Lot Parking r OS�+L-E STRUT EKIS-3 PUBLIC EREEP BL-K 1 LOT a BLOGc4 _ LGTI LO 1 NEC—LIG ST FEET - - - - - IT <a ,Tj (FRI ATE PAP J LEGEND IDIIEevav,wD ..N SITE I-- 4E- I PLANNED UNIT DEVELOPMENT(PUD) PAGE 11 TG H TWO A Master Planned Community SITE SECTION VIEWS The Typical Development Cross Section along the main drive is as below: ° i 35'Yard I Public Street I 35'Yard f° a Requirement Requirement j U The Typical Development Street Cross Section along the main drive is as below: I I I I I m m 3 I v � Qj (IJ I a L Q I CL �, Q I o I a Lj 75 /%/ zo // i/o I i I CFNTERLPEF OF PAVEMENT CENTERLINE OFROVV I ROW 41Y RO'N 50-a 25 0' 25 0' rR04YTO 32-0'CURB BACKTO CL4�BACK 13.CY CURB ROtiY TO CURB BACK %O 8.5 15.P' B.S BACK PARKING TRAVEL LANE PARKING G.0' 20' 1d.0' i"FA' MEANOERJNG� 1.0' TRAVEL LANE TRAVEL LANE SIDEWALK —r.V j 0-WATERUTILITY (`12.0'(18"7048'PIPE) i lSTORM WATER UTILITY LVASTE',VATFR UiILr`Y � I ------------------ I PLANNED UNIT DEVELOPMENT(PUD) PAGE 12 (C) Returned Notices (s) CITY PLANNING COMMISSION Rezoning Case No. 0823-02 Thanksgiving Homes has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District and a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near 650 Osage Street, and described as Lot 1, Block 1, Lozano Elementary School Tract, located north of Aztec Street, south of Baldwin Boulevard, and west of Rosewood Street. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council The public hearing will be � held on Wednesday,_ August 09, 2023, during one of the Planning.J.�L—MJ Commission's regular meetings, which begins at 5:30 p.m., in the City ti Council Chambers, 1201 Leopard Street.You are invited to attend this public 3 ` ,* . hearing to express your views on this rezoning request. The Planning Commission may recommend to the City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's �.- Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta para ayudarle. Para mas information, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person,by telephone call or by letter. 7 Tex.Admin. Code§211.006(d), Corpus Christi Unified Dev. Code§3.3.4 To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or via email to zoninqLacctexas.com. i Property Own 'lame: r y-t't ( �t Address: Lf7(z1 � ��w� Vr�(�1�L°r�i Phone No: { ) IN FAVOR (V�IN OPPOSITION ! r L✓ REASON: �.t� �-���"fira,��bt✓ �r�,f. sS�1o,G�� ��wr prem�s� �l<n3 �� rP/�n��4 d9 � f Signature T Planner Assigned:saradja Registre Email:SaradiaR cctexas.com Phone:361-826-3574 INFOR Case No:ZN7940 CITY PLANNING COMMISSION Rezoning Case No. 0823-02 Thanksgiving Homes has pitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Single-Family 6 District to the "RS-61PUD" Single-Family 6 District and a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near 650 Osage Street,and described as Lot 1, Block 1, Lozano Elementary School Tract, located north of Aztec Street, south of Baldwin Boulevard, and west of Rosewood Street. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be 10,' y•�--� held on Wednesday, August 09, 2023, during one of the Planning '�'{• Commission's regular meetings, which begins at 5:30 p.m., in the City . ;..4 ;;r Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. The Planning Commission may recommend to the City Council approval or � ;,,� ' • denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's � •', Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es Iimitado, habra un interprete en la junta para ayudarle. Para mos informaci6n, favor de llamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or-office,Orin person,by telephone call or by letter. 7 Tex.Admin.Code§211.006fd),Corpus Christi Unified Dev.Code§3.3.4 To be on the record,this form must bfilled out, signed by the current property owner(s), and returned in its entirety via mall to the return address on this, tic: V email to zoning agcclexas.com. r Property Owner(s)Name:.-= Address: _ )r' y�v "� Phone No ( ) IN FAVOR AIN OPPOSITION ( l �eq le- /4v�cecl 6 � M��REASON.- t to eacV c)tk • rc��W �� rdue5�ipnSo6�,. Qa Signature PI ne a:il:S Assigned:S acct xas Regrom tre Email:SaradiaRC�cctezas corn Phone:361-$26-3574 tt, INFOR Case No:ZN7940 ) E / » = z CO ° @ = o 2 � ƒ/ } ® j \ 4 � � m � e 0 2 � ( E - I� CJ \ amu Ie o » �\ ) » . \ � \ LO oz \ �. G �\ � CA \ m 7 = Z � �\ / f \ » % x = / y CITY PLANNING COMMISSION Rezoning Case No. 0823-02 Thanksgiving Homes has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District and a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned Is described as: A property located at or near 650 Osage Street, and described as Lot 1, Block 1, Lozano Elementary School Tract, located north of Aztec Street, south of Baldwin Boulevard, and west of Rosewood Street. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and forrnuiate a recommendation to the City Council. The public hearing will be n� held on Wednesday, August 09 2023 during one of the Planning o 11 �[00Commission's regular meetings, which begins at 5:30 p.m., in the City `, . �'��„� •; Council Chambers, 1201 Leopard Street.You are invited to attend this public . :grhearing to express your views on this rezoning request. IIA6 MCrx�• Ah 6;1� The Planning Commission may recommend to the City Council approval or •�l +JN denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's ;,• Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240- Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en fa junta para ayudarle. Para mas informacion, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person,by telephone call or by letter 7 Tex,Admin.Code§211.006(d), Corpus Christi Unified Dev.Code§3.3.4 To be on the record,this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or vi ,, a'I to zzognjinaVcctexas.com. Property Owner(s) Name: 4/�t ✓� Address: �r�� Phone Nof`� '/ �+ r- �$ { ) IN FAVOR 041,'N OPPOSITION REASON: 4 4 l Xignature ` ffAsgnedidja Registre 61-82 -3574 Phone:361-826-3574 INFOR Case No:ZN7940 PUBLIC HEARING NOTICE City Council Rezoning Case No. 0823-02 Thanksgiving Homes has petitioned the Cit of Corpus Christi to consider a change of zoning from the °� Y p�, Sin le-Family6 District end a Manned Unit"RS-6" Single-Family 6 District to the R5-61p�D Development, not resulting in a change to the Future Land Use Map. The property described as: A property located at or near 650 Osage Street,and described as Lot 1,Block 1, Lozano Elementary School Tract, located north of Aztec Street, south of Baldwin Boulevard, and west of Rosewood Street. Please see the map on the reverse side. The City Council will conduct a public hearing and first reading to discuss •� and act on this rezoning request on Tuesda October 10 2023 during one of its regular meetings,which begins at 11:30 a.m. The hearing will be ■ held in the Corpus Christi Trans ortation Authorit CCRTA Sta es Street Center Board Room 2"a Floor, 602 N. Sta les Street. You are invited to attend this public hearing to express your views on this rezoning. • For more information, call (361)826-3105. Ni • The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. Persons with disabilities planning to attend this meeting,„,:io may require special services,are requested to contact the City Secretary's Office at least 48 hours in advance at"j61-826-3105. Si usted attender esta junta y dirigrse a la commission y su r-agles es limitado, alguien estara prrrscmte para ayudarle a interpreter. Para mas informacion,por favor Ilamar a la ofrcina del secretario de la cuidad al number 361-826-3105. 7 Tex.Admin. Code§211.006(d), Corpus Christi Unified Pev Code§3.3.4 To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or via email to zoning(c@cctexas.ccm. Property Owner(s) Name: __Z1:_(WCw CIWAPc` CrS o;1a`a�-- 3) Address: Sc`5c _�C. .�k � Q�_ Phone No..aa= SOON ( ) In Favor In Opposition REASONS:R 'p%J�) 111OL35 the cLeuelO e r v Ne �co N ky e 5\a,,Ac.,,� rc9,k.�er%G�Ms tr� �4•� uric webpri.ehi�,C e U The �4r�:n5 lane Oct 6�W:+. i5 d ctou$l sl0.ccoW � �. ��•Plsaae The PUO WjLIC",h takS }ra buy °�^9 3O beequse 'e� 'S Uo} 0. - .� '1l..nrv, `rtr tRocc thorn horse W;krc t-a, lrtK.eleS Qe� �C�e•'Ch:.S 4511 puececacd�► Signature l t1e f1G �htKy{1lOOd 0. Planner Assigned:Saradia Registre A1eaSe Keep Thank SSC c�tt�y $oc C, e�1et trc� Ueti,elr5. Email: C0. P�` ��zx1.e 1` a 58,��'n5 horse � � F'hone:361-435-3!�rA Wl\fb,i,,Y1 + She Ccti P[r't} R$-b ir0n�[1S C[�,w,fl'M1�ri�. iNFOR Case Nc.e_I��734U {�1sS dev�topMen� t.Ji�� t'-mus[ 'thc toss o� ouc ant Propertyr_m , � X04N 12 � \\/ Ln ca 5 7 o rca \ ` ?� \CL/L § / ? 4 # k ƒ \ tf c � CL0 � ol / 2 @ o 2 / R ) c �0 A£ = 2 2 0 o = � f > 0 \ � 0 . E / � a G § ow 7� \ 2 � = 2 ' m o � \ E3 R w kcu ® k 0 � B / m ) / f = k ( / 0 / I \ ƒ 7 PUBLIC HEARING NOTICE IZZ- VED City Council OCT 10 2023 Rezoning Case No. 0823-02 CC�Y S�SflEfARY'S OFF1C� � Thanksgiving Homes has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Single-Family 6 District to the "RS-61PUD" Single-Family 6 District and a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near 650 Osage Street,and described as Lot 1,Block 1,Lozano Elementary School Tract, located north of Aztec Street, south of Baldwin Boulevard, and west of Rosewood Street. Please see the map on the reverse side. The City Council will conduct a public hearing and first reading to discuss • and act on this rezoning request on Tuesday, October 10, 2023, during ■ ■ � 5 one of its regular meetings, which begins at 11:30 a.m. The hearing will be • held in the Corpus Christi Transportation Authority (CCRTA) Staples Street Center Board Room 2nd Floor, 602 N. Staples Street. You are invited to attend this public hearing to express your views on this rezoning. • For more information, call (361)826-3105. • The City Council may recommend other intermediate zoning classifications [miand/or Special Permits. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3105. Si usted attender esta junta y dirigrse a fa commission y su ingles es limitado, eiguien estara presente para ayudarle a interpreter. Para mas informacion,por favor llamar a la oflcina del secretario de la cuidad al number 361-826-3105. 7 Tex.Admin. Code§211.006(d), Corpus Christi Unified Dev.Code§3.3.4 To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mall to the return address on this notice or via email to zdnin cctexas.com. Property Owner(s) Name: f I�L(S�E3 k r Address: (SU�L- �0 Phone No.:3ut` .2-3-2 ( ) In Favor (I„ In Opposition REASONS: Signature Planner Assigned:Saradja Registre Email:SaradjaR�cctexas corn Phone:361-826-3574 IN FOR Case No.ZN7940 Property Owner ID:42 CITY PLANNING COMMISSION Rezoning CNG No0823-02 23 Thanksgiving Homes has petitioned the city of Corpus Christi to consider a change of zoning from the Future Land Use Map. The property to be rezoned is "RS-6" Sin le-Famil 6 District to the "RS-61PF D" Sin 4e-Famil 6 DistricE and a Planned tint Development, not resultin in a change to the described as: d decribed as Lot 1, A property located at or near 650 Osage Street, sBaldwin BOLlIevaBrd cand west of Rosewood zano Scool Tract, located north of Aztec Street, south of Street. Please see the map on the reverse side. Commission will conduct a public hearing to discuss and The Planning Council. The public f-,earing'vAi be formulate a recommend punustto h09C42023 during one of the planning held on Wednesda m, in the City �� � Commission's regular meetings, which begins at ted to Council Chambers,1201 Leopard Street.YOU are invited to attend this public to express your views on this rezoning request. _�,.,�,r�.ti hearing royal or �. _ Commission may recommend to the City Council approval .a The Planning classification andlor Sp �. � denial, or approval of an intermediate zoning nding the Permit. Approval of a change of zoning, if inconsistent with the City's � *.� � Comprehensive Plan, will also haroved zon ne the fg- Forect a more enformat on, Comprehensive Plan to reflect the app Please call(361)826-3240. Persons with disabilities planning to attend this meeting,who may require, pecial services, are requested to contact s the City Secre?tary,scace at least 48 hours in advance at 361-826 324 . unta para Si usted des�� dirigirse al Conse� o de A(uste y su ingles es Ilmitado, habra un interprete en la}361 826 ayudarle. Para mas information, favor de Hamar al Departamento de Servicios de Desarrollo 3240. a member or members of this cal, r office,or in person,byte NOTE' ba accordance with the Planning Corrr &ssion 6y tawsno discussion, or appeal, shall be heither at home Or y Commission with anappwar t or appeliaot concerning ar application -_ ent property owner(s), and returned In its 7 Tex Admrn_ CodE§29y,p06(d),Corpus Christi Unified Dev.Code§3.3.4 To be on the record,this form must n be filled out, signed by the curr 0 S— entirety via m�j1 to he return address othis notice or email to zonin cctexas.corn.� Q l�tsi�r ' Property OvrrxerkS)Name: 33 y �Phone No'��--�. Address' (y�.�S ( ) IN Im OPPOSITION REASON: Planner Assigned'.Sara Ct Registre ignature h}ANJ Email.5aradiaRC�cc exas_com phone:361-826-3574 INFOR Case No ZN7940 Zoning Case 0823-02 Thanksgiving Homes District 1 r Rezoning for a property at or near .off 650 Osage Street I, N From the RS-6 Single-Family 6 District to "RS-6/PUD" Single-Family 6 District ' with a PUD Overlay SUBJECT s PROPERTY 9 /! -SYIB91, 1V !�'fI/jr �, "PROPERTY aw- �c Esri,HE RE LOCATION lNAP C.h i is Li City Council November 14, 2023 Zoning and land Use Proposed Use: To allow for a single-family residential subdivision that deviates from the UDC's development and subdivision CG-2 standards.. CG-2 CO- Area Development Plan: Westside ADP (January 10, 2023) wI Future Land Use Map: SUBJECT Medium-Density Residential Q � s4 Rs-L PROPERTY RS-15 Existing Zoning: / "RS-6" Single-Family 6 District — s- Adjacent Land Uses: o��R`� N SONQ� North: Commercial, Vacant(Zoned: CG-2) W South: Low-Density Residential (Zoned: RS-6) • East: Low-Density Residential, Vacant (Zoned: RS-6) • West: Low-Density Residential (Zoned: RS-6) Public Notification 57 Notices mailed inside the 200' buffer CG-2 36 CG-2' 6 Notices mailed outside the 200' buffer 3q CG-2 33 96 32 17 31 Notification Area %%'% 3 30 %��� ��/ 46 29 % /%�./i 49 9 50 P. Opposed: 7 (11 .42%) z3SUBJECT 3 Separate Opposed Owners: 7 R-S- 25 PROPERTY s 29 59 45 S� 23 55 22 56 21 57 3 20 In Favor: 1 (1 .10%) 4 S- 12 13 18 19 9 - 15 16 "Notified property owner's land in SF/Total square footage of all property in the notification area = Percentage of public opposition. Deviations: Development Standards UDC STANDARD PUD ZONING:RS-6 doffi&TION MIN.LOT AREA 6,000 SF 3,000 SF O MIN.LOT WIDTH 50' 30' FMIN.YARD;STREET 25' 35'(BLOCKI-2) to 20'(BLOCK3-4) Z MIN.YARD;STREET CORNER 10'BACK-TO-BACK 10' Z LU MIN.YARD;SIDE 5' 5' M0 MI N.YARD;SI DE TOTAL 10' 10' 7 i MIN.YARD;REAR 5' 10' t -•� it w MIN.OPEN SPACE 30% 20% MAX.HEIGHT 35' 35' ESTREET «r70�SAG - - _ Lo, x co LU - - - - - aFF. 1111 1111 (cR1 qiE 1 r 0 _ - - o Ro��, v . os� 0 0 0 0 E= N p � � Fs :, rf Deviations: Driveway and Parking Standards 0 FRONT/STREETYARD CUMULATIVE AREA OF ANY IMPERMEABLE SURFACE AREA THE CUMULATIVE AREA OF ANY IMPERMEABLE IMPERVIOUS WITHIN THE REQUIRED STREETYARD SHALL NOT EXCEED SURFACE AREA LOCATED IN THE REQUIRED STREET COVERAGE. 50%OF THE REQUIRED STREETYARD. YARD SHALL NOT EXCEED 70%OF THE REQUIRED STREETYARD. DRIVEWAY THE MINIMUM PROPERTY LINE CLEARANCE FOR ALL DRIVEWAYS SERVING ALL LOTS MAY BE ABUTTED APPROACH MIN. RESIDENTIAL DRIVEWAYS ON RESIDENTIALLY ZONED LOTS AGIANSTTHE LOT LINE AND THE FLARE RETURN PROPERTY LINE ON LOCALSTREETS SHALL BE THE CURB RADIUSOR FLARE OR FLARE SHALL BE ALLOWED TO ENCROACH CLEARANCE. DISTANCE,WITH THE EXCEPTION OF DRIVEWAYS SERVING OVER THE PROPERTY LINE EXTENDED BY 5 FEET. ZERO LOT LINE SINGLE FAMILY RESIDENCES WHERE THE FLARE RETURN OR FLARE SHALL BE ALLOWED TO ENCROACH OVER THE PROPERTY LINE EXTENDED BY 3 FEET PROVIDED THAT APPROPRIATE NOTICE IS INCLUDED ON THE OSAGE ST SUBDIVISION PLAT. e,na, I ima W H U LL LL m, ,Q HSTREET LECFrvo F� - �o«sR P Q Deviations: Subdivision Design Standards STREETS p LOCAL STREET TYPE Ll-A TGH-1 Z RIGHT-OF-WAY WIDTH 50' 50' F N TO BACK OF CURB 28' 32' Z PLANTING/UTILITY AREA 6'(BOTH SIDES) S'&13' 1 SIDEWALKWIDTH 4'MIN. 6' O TIED SIDEWALK NOTALLOWED SIDEWALK REQUIRED(BOTH SIDES) REQUIRED(1 SIDE) O PARKING 2 2 LA > SIDEWALKS v m SIDEWALK REQUIRED(BOTH SIDES) 1 SIDE.MUST m co CONNECT TO LOT 1, CA BLOCK3(PARK) I bio c CL Q Y U II NU U it ROW CENTERLINE OF PAVEMEM� ap, CENTERLINE OFROW ROWS O 2s.o [so 1U61l1 85 31�CUR66ASK�TO CU ES ROW TO CURB BACK BACK A-1--7—EL IANE��PARKING 1d 0' NIJOt F—�U � TRAVEL LANE TRAVEL L9NE�L till'—}—MS IOE\NALKO� Q-WATER UTILITY -�2D(l8"T008"PIPE) --El 17YLRV �O� 11711TIIITvATE ATER�I I I I Deviations: Amended Subdivision Design Standards STREETS LOCAL STREET TYPE L1-A TGH-1 RIGHT-OF-WAY WIDTH 50' 50' TO BACK OF CURB 28' 32' 30' The Typical Development CressSecttonabngthemaindrmelsasbcl— PLANTING/UTILITY AREA 6'(BOTH SIDES) 5'&13' 4' _ SIDEWALK WIDTH 4'MIN. 6' 5'MIN. TIED SIDEWALK NOT ALLOWED - ALLOWED r� SIDEWALK REQUIRED(BOTH REQUIRED(1 SIDE) REQUIRED(BOTH = SIDES) SIDES) IFT PARKING 2 2 SIDEWALKS - 3y'rard hn so-eet I 35'Yard SIDEWALK REQUIRED(BOTH 1 SIDE.MUST REQUIRED(BOTH Requ'reme t Requirement I SIDES) CONNECTTO SIDES) t I N (PARK) The Typical Development Street Cross Section along the main drive is as below: _ r r<uicArwr eo aaw-.��.c€+ncvrur av vnvcroswr ^a _ �wow�acuAa zsu �vo-v.c'�avcx— I son,•��o�'� I I Staff Analysis and Recommendation • The proposed rezoning is consistent with the FLUM (Future Land Use Map) element and others of the City of Corpus Christi Comprehensive Plan and meets several criteria for a PUD (Planned Unit Development). • Thanksgiving Homes, an affiliate of the Corpus Christi Housing Authority (CCHA), selects infill lots, particularly those that may have been problematic over time, for residential development to increase home ownership across a selected group of the population to help with the housing needs of the community. • The subject property is the former site of the Lozano Elementary School which has been cleared for development. It is situated within a large "RS-6" Single-Family 6 District south of Baldwin Boulevard and east of Osage Street; part of an old subdivision and neighborhood with medium- density residential uses. • The applicant is requesting a Planned Unit Development Overlay over the current base zoning district to allow some flexibility in the subdivision and development standards prescribed by the UDC (Unified Development Code). The flexed standards, while they will allow the block to contain more lots, will still produce a medium-density development. Staff Analysis and Recommendation • The westside area is mostly built out and the applicant's proposal is a great opportunity to renew interest in an area in need of restoration. The proposed Planned Unit Development mirrors the goals of Plan CC's (City of Corpus Christi Comprehensive Plan) orderly development by siting land uses based on characteristics, compatibility, and locational needs to accommodate growth and the need and challenges for housing. • The PUD (Planned Unit Development) is appropriate where sited and compatible with the surrounding uses and districts. Plan CC (The City of Corpus Christi Comprehensive Plan) encourages interconnected developments. The infrastructure to support the development are already in place, and where lacking, is provided within the development. Planning Commission and Staff Recommendation (August 9, 2023): Approval of the change of zoning request from the "RS-6" to "RS-6/PUD" • STAFF RECOMMENDS APPROVAL OF THE AMENDED PLAN AS PRESENTEND BY THE APPLICANT on October 3, 2023. Due to sidewalk concerns, the PUD (Planned Unit Development) guideline document has been amended to two sidewalks instead of one. 1 R' e�VO r T 4 y F , a W Mi" M 1 „ i0SUB JEC�� W � i/�ic" i��/ PROPERTY/ � -° 1 a..• �. , +r R , 1 J _,m �N CASE: 0823-02 N . _ WE C8113kis S Aerial View Chf1sti ® Subject Property z ` SUBJE&Q Y •PROPERTY ■■►1■ City of Esri, HERE Corpus LOCATIONMAP Christi SC G� O'k F AGENDA MEMORANDUM NggpqRpY' Public Hearing and First Reading for the City Council Meeting of Nov. 14, 2023 xss2 Second Reading for the City Council Meeting of Nov. 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 1621 Rand Morgan Road CAPTION: Zoning Case No. 1023-01 , MPM Development LP (District 1). Ordinance rezoning a property at or near 1621 Rand Morgan Road from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the property to allow for a denser residential subdivision development. BACKGROUND AND FINDINGS: The subject property is a 20.26-acre, undeveloped and vacant tract located south of Leopard Street and Tuloso-Midway Intermediate School, and along the west side of Rand Morgan Road. It is also approximately 6 miles northwest of the Corpus Christi International Airport. The subject parcel is bounded to the north by a medium-density residential subdivision, Northwest Crossing Unit 8, zoned "RS-4.5" Single-Family 4.5 District. To the east of the subject property is the Northwest Crossing Church Tract which hosts Bible Believers Baptist Church, a public/semi-public use, zoned "RS-6" Single-Family 6 District. Rand Morgan Road, a substandard A2 class arterial also abuts the subject property to the west. West of Morgan Road are a commercial use (an auto shop), and an agricultural use, zoned "CG-1" General Commercial and "RS-6" Single-Family 6 District. The host parcel to the south and other properties to the west are also undeveloped, vacant, and zoned "RS-6" with a common drainage corridor. The community south of Leopard Street, west of Rand Morgan Road, and east of Violet Road was primarily a large "RS-6" Single-Family 6 District and persists as one. The east side of Rand Morgan Road is characterized by a haphazard mixture of incompatible uses. The west side of Rand Morgan Road is characterized by medium-density residential subdivisions that were part of several zoning amendments from the "RS-6" Single-Family 6 District of origin to the "RS-4.5" Single-Family 4.5 District. The applicant is requesting a change of zoning to accommodate a denser single-family residential development with a gross density of 9.68 units per acre instead of the 7.26 units per acre allowed by the "RS-6" Single-Family 6 District. The proposed subdivision, Royal Oak South, shows the provision of access along Morgan Road at two points; Geralt Drive and Northwest Crossing Unit 8's Sedalia Trail. The "RS-4.5" Single-Family 4.5 zoning district provides for residential development and redevelopment at a higher density than the other residential zoning districts. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The proposed rezoning is consistent with many elements of Plan CC (The City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. Public Input Process Number of Notices Mailed: 61 within 200-foot notification area, 2 outside notification area As of November 10, 2023: In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District on October 4, 2023. Vote Results For: 7 Against: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1023-01, MPM Development LP (District 1). Ordinance rezoning a property at or near 1621 Rand Morgan Road from the "RS- O" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). 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; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 20.26 acres consisting of various tracts out of Artemus Roberts Subdivision and the BS & F Survey 405, as described and shown in Exhibit A, from: the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. The subject property is located at or near 1621 Rand Morgan Road. Exhibit A, a Metes & Bounds Description, 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 superseded. 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. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary EXHIBIT A MURRAY BASS,SR., P.E,R.P.L.S. 3064 S.ALAMEDA,ZIP 78404 NIxoN M.WELSH,P.E.,R.P.LS. 361 882-5521--aAx 361 882-1265 www.bass-welsh.com e-mail:murrayirt(aaol.com e-mail:nixmwlCdemail.com BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 August 1,2023 21038-M&B-20.261.doe STATE OF TEXAS § COUNTY OF NUECES § Description of a 20.261 acre tract of land, more or less, a portion of Lots 8 and 9, Artemus Roberts Subdivision,a map of which is recorded in Volume 3,Page 41,Map Records,Nueces County,Texas and also being a portion of BS & F Survey 405,Abstract 567,Nueces County, Texas and also being a portion of a 67.501 acre tract of land described in deed recorded at Document No.2021054337,Official Records of said county,said 20.261 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with cap labeled Urban Engineering found at the southwest right-of-way comer of Rhumba Trail,a 50'wide street right-of-way,for the southeast corner of Lot 34,Block 9,Northwest Crossing Unit 8, a map of which is recorded in Volume 68, Pages 852 and 853, said map records, said beginning point for the northernmost northwest corner of the tract herein described and of said 67.501 acre tract; THENCE along the south boundary line of said Northwest Crossing Unit 8 N89°12'48"E 1140.00' to a PK nail in concrete found for north central comer of the tract herein described and of said 67.501 acre tract and northwest comer of Northwest Crossing Church Tract,Block 1,Lot 1,a map of which is recorded in Volume 64,Page 70,said map records; THENCE SOO'47'27"E 330.00'along the west boundary line of said Northwest Crossing Church Tract,Block 1,Lot 1,to 5/8"iron rod set for the southwest comer of said Northwest Crossing Church Tract,Block 1,Lot 1 and interior northeasterly or north central corner of the tract herein described and of said 67.501 acre tract; THENCE N89°12'33"E 660.00' along the south boundary line of said Northwest Crossing Church Tract, Block 1, Lot 1 and along a westerly right-of-way line of Rand Morgan Road to a 5/8"iron rod set for the easternmost northeast corner of the tract herein described and of said 67.501 acre tract and west right-of-way line corner of said Rand Morgan Road; THENCE along said west right-of-way line of Rand Morgan Road, an 80'wide right-of-way, SOO°46'04"E 260.00'to a 5/8"iron rod set for the southeast corner of the tract herein described; THENCE S89°12'33"W 1730.29'to a 5/8"iron rod set for southwesterly Corner of the tract herein described in the are of a circular curve to the right having a central angle of 11°53'26",a radius of 100.00'and a chord bearingN31'20'O8"W 20.72'; THENCE along the are of said circular curve to the right a distance of 20.75'to a 5/8"iron rod set for interior southwesterly comer of the tract herein described; THE_'NCF S8912'33"W 169.08'to a 5/8"iron rod set in the east boundary line of a City drainage easement described by deed recorded at Document No 2003045766, said official records, for the southwest corner of the tract herein described; EXHIBIT`tA" Page 1 of 2 Metes a.-id ZbLncis L�-,scnpticn,2C 261 Acres,Anguct 1,Z023,Cbntiruted; H`.NC'Eneofsaid GStydrain zsz;eeasementt©a5/8"iron rod. ,.kith Ca 1_ltilyd I Tt .moi Eat,lie enI-F,. U'lC1 toI clic w<ster']llost no-thwest enn•.rt-of the trart herein dcscnbed and of said 6`7501 rrtr- trrr: az•d soutllwest co::ier Cf a acre Cry pact o::and descril-eci by deed, Doctu,tentNc.'_C' CD:11,said o:'-ic::�records; THE NCE- NS'3 11'14"R 110.00'along the south Lx nc_a 1'.ne: c a: 5 LS acre City tract of land to a no'l rod fo'-rld for_lit ci-ior nor •.:r-ste::v ccmcr o: :-.c tract:.c:-L-. dccc--- -d std of said 675C' --rrc t-rt, 50>;1rAje5t co.;c, _,f a D.7f�S:- ac:-1r:r;of land des cnbed by deed, Docu:retit No.2.•-•20--;`84S:5,said official rem:r_L,and sculicast comer said &5 acre C1ty tract of land; THENC'E NkY",477"W 21=,20' along the coin:tion east boundary line of said 05 M5 acre City tract of land and:mLct li�_:Ila,a2-; Io:'saul C.FtJO acic-i-act of land to the POINT OF BEGINNING z!f the t-._ct herein t,.=.c i}z 1 1t. ;. r,II.:ri. ti nk 1t:: enrt'. f's�ul 07 T,:C' ti.t tli:-.f;t e0111,1 ,PSaid 5=E ac e C1 t5::sIml,aL iron r.ds Set Contair.Irkg calm a'-el ed B;Es ml Welsh Ery :leering,. 0 n M.Welsh, R.P.L. w6m W WEI.S+i C.+ 2211 EXHIBIT"A" P2;e 2 o-2 o N O � Z O Li Q w nOZor,- W O ('7 0 oo Z O l'L wo a v, wx owe II pp0 !I ~�� sc LJ - a z vID M wVZZZW X d ON W SFroFjo QL;j : a mul 13 m y O ¢ zU}EZmU N7 U Lr) V `��,,I j z app" mmaw..M�'t Y m W O> RAND MORGAN ROAD m Ov voi w d m 0 0 Y z �L) 7 y U[3 W > C3<[3 J Uac..So MO M p ycI]^2 N� h why b am z�c0 U J a m 0 J m Ra y lz 0 W Z Imo- ,00 'OEE LLJ ro 3.Lz,LV.00S a ti r Q_ o m �Z: y� a z W o p+ Ld O" I Vl RAIL 0IS') H O Q M CHISOLM To ��� w¢ iu Ljc� U U V J cU W U p,LL dj IPJ °' U LY 7L:1 m mwj wo LJap XpZ m c �yL'i oav �� a a L4 Lv.D W ~ PEl l W o I o r ° a LOT B s Lv U g a LOT 9 r LJ Q =W ri ru a Q O ¢ DO N L` m m O (U O d' I U m p .-,L7 If) r m Q lo cm o cu a, W JPO J N o ` M zO �� NO_ NN P�ya m O O 1170Y n:.n I= �� nU(u o mo � I oo �o oaozcu U U OA(U w N II II m �� Il it fl II m2 C]im _j U U RHUMBA TRAIL I z m LOT 9 _ ~, LOT ]66 3 �z6 yl.7m F.: np m0 N J aj H U7 W LY ❑ .�+N �(4 ¢OWH W co �In a% mm W LY L)p ti }N ['7 W U H U r¢ ❑ C 7 CU}d' ..W Z Ora U .~.2 U t0 y ¢ U W r J Ln Z U A o 6 Z� y O m O O Mn L)[YCL 6U0 DDL7 p J(Z'DO z OFIOU URR(U ZONING REPORT Case 1023-01 Applicant & Subject Property District: 1 Owner: MPM Development LP Applicant: MPM Development LP Address: 1621 , 1705, and 1709 Rand Morgan Road, located along the west side of Rand Road, and south of Leopard Street and Sedalia Trail. Legal Description: 0.78 Acres out of Lot 9, Roberts Tract; 6.93 Acres out of Lots 8 and 9, Roberts Tract; and 59.8 Acres out of Tract 1 , Beaty, Seale, & Forwood Survey 405, Abstract 567, Assessors Map 145. Acreage of Subject Property: 20.26 acres. Refer to Exhibit (A) Existing Zoning and Notice Area Map and Exhibit (B) Metes and Bounds Descriptions. Pre-Submission Meeting: March 22, 2022 Zoning Request From: "RS-6" Single-Family 6 District To: "RS-4.5" Single-Family 4.5 District Purpose of Request: To allow for a denser residential subdivision development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Agricultural Medium-Density Residential North "RS-4.5" Single-Family 4.5 Low-Density Medium-Density (Northwest Crossing Unit 8) Residential Residential South "RS-6" Single-Family 6 Agricultural Medium-Density Residential Public/Semi-Public Government, (Bible Believers "ROW" Ri ht-of-Wa "RS-6" Single-Family 6, Baptist Church) g y' East "ROW" Right-of-Way, ,ROWRight-of-Way, Commercial, "CG-1" General Commercial Medium-Density Commercial, Agricultural Residential "DC" Drainage Corridor Vacant, Permanent Open Space, West "RS-6" Single-Family 6 Drainage Corridor, Medium Density Agricultural Residential Plat Status: The subject property is not platted. The Royal Oak South land subdivision request is attached to the subject property. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. The subject property is approximately 6 miles northwest of the City of Corpus Christi International Airport, and outside any of its AICUZ (Air Installation Compatibility Use Zones) zones. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Rand Morgan Street Road "A2" Secondary 4 Lanes, 2 Lanes, Arterial, Divided 100 feet Varies, (Including a median) 65 Feet (at site) Transit: The Corpus Christi RTA provides service to the subject property via 27 Leopard, eastbound and northbound, at Leopard Street and Rand Morgan Road Bicycle Mobility Plan: The subject property is approximately 1-1/2 mile away from a proposed off-road multi-use trail and bike boulevard northwest of Leopard Street and Rand Morgan Road. Utilities Gas: A 2-inch PE gas line exists along the northern boundary of the subject property. Stormwater: None exists. Construction is required per the Technical Review Committee (TRC). Wastewater: An 8-inch VCP line exists along the east side of Rand Morgan Road. Construction is deemed required per the Technical Review Committee (TRC) to support the development. Water: None exists. Construction is required per the Technical Review Committee (TRC). Corpus Christi Comprehensive Plan (Plan CC) 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 Northwest Area Development Plan (Adopted on January 9, 2001). Water Master Plan: A 16-inch grid main has been proposed along the east side of Rand Morgan Road. Wastewater Master Plan: An 18-inch PVC line has been proposed along east bank of the drainage ditch and a 10-inch PVC along its west bank. Stormwater Master Plan: No improvements has been proposed. Public Notification Number of Notices Mailed 61 within a 200-foot notification area 2 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 % in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: October 4, 2023 City Council 1St Reading/Public Hearing Date: November 14, 2023 City Council 2nd Reading Date: December 12, 2023 Background: The subject property is a 20.26-acre, undeveloped and vacant, tract located south of Leopard Street and Tuloso-Midway Intermediate School, and along the west side of Rand Morgan Road. It is also approximately 6 miles northwest of the Corpus Christi International Airport. The subject parcel is bounded to the north by a medium-density residential subdivision, Northwest Crossing Unit 8, zoned "RS-4.5" Single-Family 4.5 District. To the east of the subject property is the Northwest Crossing Church Tract which hosts Bible Believers Baptist Church, a public/semi-public use, zoned "RS-6" Single-Family 6 District. Rand Morgan Road, a substandard A2 class arterial, also abuts the subject property to the west. West of Morgan Road are a commercial use (an auto shop) and an agricultural use, zoned "CG-1" General Commercial and "RS-6" Single-Family 6 District. The host parcel to the south and other properties to the west are also undeveloped, vacant, and zoned "RS-6" with a common drainage corridor. The community south of Leopard Street, west of Rand Morgan Road, and east of Violet Road was primarily a large "RS-6" Single-Family 6 District and persists as one. The east side of Rand Morgan Road is characterized by a haphazard mixture of incompatible uses. The west side of Rand Morgan Road is characterized by medium-density residential subdivisions that were part of several zoning amendments from the "RS-6" Single-Family 6 District of origin to the "RS-4.5" Single-Family 4.5 District. The applicant is requesting a change of zoning to accommodate a denser single-family residential development with a gross density of 9.68 units per acre instead of the 7.26 units per acre allowed by the "RS-6" Single-Family 6 District. The proposed subdivision, Royal Oak South, shows the provision of access along Morgan Road at two points; Geralt Drive and Northwest Crossing Unit 8's Sedalia Trail. Plan CC (The City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o The design of new developments promotes a broad sense of neighborhood and community, rather than creating isolated subdivisions or apartment complex development with a lack of interconnection. ■ Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as development with a well- connected street network or appropriate connections to neighboring subdivisions, destinations, or bicycle/pedestrian facilities. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Corpus Christi has well designed neighborhoods and built environments. ■ Encourage and incentivize design standards that result into high quality- built environments. ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consisted with the general goals of the northwest ADP and the FLUM designation of Medium-Density Residential. Staff Analysis: 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 noted the following: • The proposed rezoning is consistent with many elements of Plan CC (The City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. • While the requested amendment is generally consistent with the northwest ADP; staff noted that it was adopted 22 years ago. • The community, along the west side of Rand Morgan Road, east of Violet Road, and south of Leopard street, shows consistency with Plan CC's recommended land use pattern. While the commercial nodes and neighborhood commercial pockets are currently vacant, the proposed request is deemed appropriate for the site. • The site is 6 miles away from the Corpus Christi International Airport, and outside any of the clear and accident potential zones delineated by the AICUZ (Air Installation Compatibility Use Zones) overlay for the airport. It is suitable for residential development. • The development is appropriate in size and flow with the existing subdivisions at the north. The 20.26-acre development will accommodate a total of 115 lots. • The zoning map amendment will not have a negative impact upon the surrounding neighborhood. It is also compatible with the present zoning and conforming uses of nearby properties and the character of the surrounding northwest area. o Numerous amendments to the "RS-4.5" districts were made north of the subject property, along the west side of Rand Morgan Road. The requested amendment, if approved, will enhance, and preserve residential character of the area. Planning Commission and Staff Recommendation (October 4, 2023): 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, Planning Commission and Staff recommend approval of the change of zoning. Attachment: (A) Existing Zoning and Notice Area map, (B) Metes and Bounds Descriptions Attachment: (A) Existing Zoning and Notice Area CN- 1 J J J RS-4l a J o z U') MURDOCK DR RS-4_.5 ° ° z g z o w e m > U, RE (D o m R- 5 In x R E 91011 RS-4. 5 31 1 1718192021222324252627x2829 30 SEDAMA TR121319:115 F•R 32 50 45 33 ` 59+5857 55 53 51 4948 X46 4443 4140 38373635'34 56 54 52 47 42 39 60 61 s SUBJECT PROPERTY 5c - 1 6 4 2 RS-6 0 3 C' RS-6 a c� 0 of z IL CASE: 9023-01 N °-r _ . W E Zoning and notice Area J.a.4 ulT,y� RM-1 Multifamily1 IL Light Industrial RM-2 Multifamily2 IH Heavy Industrial S Gr RMMultifamI ly3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ry'ea RM-AT Multifamily AT RSF Single-Family6 cy�4 CN-1 Neighborhood Commercial RS-0.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Sin le-Famil 15 • n�• CR-2 Resort Commercial si y RE Residential Estate f •`6,s. CG-1 General Commercial RS-TH Townhouse K CG-2 General Commercial SP Special Permit i CI Intensive Commercial SUB%E&\�� RV Recreational Vehicle Park •. � CBD Downtown Commerci al — PROPERTY x RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park NIgNw sY 4. r 1..�y �Sw bfecf Property Ih 200'Oufier Favor 4 own",.thrn200'1rsreaon owners City of Esri,HERE _ ettechedownershlfp e X,ncpp—t— Corpus LOCATION�MAP Christi Attachment: (B) Metes and Bounds Description MURRAY BASS,SR., P.E,R.P.L.S. 3054 S.ALAMEDA,zce 78404 NIXON M.WELSH,P.E.,R.P.LS. 361 882-5521x-PAX 361 882-1265 www.bass-weish.com e-mail:murravir(daol.com e-mail:nixmwl(coEmail.cwm BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 August 1,2023 21038-M&B-20.261.doc STATE OF TEXAS § COUNTY OF NUECES § Description of a 20.261 acre tract of land, more or less, a portion of Lots 8 and 9, Artemus Roberts Subdivision,a map of which is recorded in Volume 3,Page 41,Map Records,Nueces County,Texas and also being a portion of BS &F Survey 405,Abstract 567,Nueces County, Texas and also being a portion of a 67.501 acre tract of land described in deed recorded at Document No.2021054337,Official Records of said county,said 20.261 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with cap labeled Urban Engineering found at the southwest right-of-way comer of Rhumba Trail,a 50'wide street right-of-way,for the southeast corner of Lot 34,Block 9,Northwest Crossing Unit 8, a map of which is recorded in Volume 68, Pages 852 and 853, said map records, said beginning point for the northernmost northwest corner of the tract herein described and of said 67.501 acre tract; THENCE along the south boundary line of said Northwest Crossing Unit 8 N89°12'48"E 1140.00' to a PK nail in concrete found for north central comer of the tract herein described and of said 67.501 acre tract and northwest corner of Northwest Crossing Church Tract,Block 1,Lot 1,a map of which is recorded in Volume 64,Page 70,said map records; THENCE S00°47'27"E 330.00'along the west boundary line of said Northwest Crossing Church Tract,Block 1,Lot 1,to 5/8"iron rod set for the southwest comer of said Northwest Crossing Church Tract,Block 1,Lot 1 and interior northeasterly or north central corner of the tract herein described and of said 67.501 acre tract; THENCE N89°12'33"E 660.00' along the south boundary line of said Northwest Crossing Church Tract, Block 1, Lot 1 and along a westerly right-of-way line of Rand Morgan Road to a 5/8"iron rod set for the easternmost northeast corner of the tract herein described and of said 67.501 acre tract and west right-of-way Line corner of said Rand Morgan Road; THENCE along said west right-of-way line of Rand Morgan Road, an 80'wide right-of-way, S00°46'04"E 260.00'to a 5/8"iron rod set for the southeast corner of the tract herein described; THENCE S89°12'33"W 1730.29'to a 5/8"iron rod set for southwesterly corner of the tract herein described in the arc of a circular curve to the right having a central angle of 11°53'26",a radius of 100.00'and a chord bearingN31°20'08"W 20.72'; THENCE along the are of said circular curve to the right a distance of 20.75'to a 5/8"iron rod set for interior southwesterly comer of the tract herein described; THENCE S89°12'33"W 169.08'to a 5/8"iron rod sel in the east boundary line of a City drainage easement described by deed recorded at DocrunenI No 2003045766, said official records, for the southwest corner of the tract herein described; EXHIBIT`tA" Page 1 of 2 Metes and Bounds Desciipt:on.2Q2_1 Acres,Auiu t 1,2'023,Cbntinued; THENCE r";1;"2''"L v' y? 7}' ior4 an e a t}rundary line of said City drain2,e emeinent to a`;4S"::nn inl w,th cap Iafxled 1h-bar,E.i6ineeiing fo,uia lcr tke westernmost northwest conies'ofthe❑-act liereir.`tFcmll<rL and of said 67.501 acre tract and southwest comer of a 05= Z� acre Qty tract of land desc::'ced b v Qeed, Document No.2090066171,said official records; T HENCE N 9'11"l4"E 111-1.0 Y alo.iy the south Lrundail,lire of said 05 2�65 2cre aty tract.f land tC a n-2n:od:Lund for irtenor nortlrces- If co^.c--2f tlic-:-wt hucn d�—_cnbcd said of;aid 6,_01 c. t2 E -. s.utk.s�rs:comer o: a-,.7tiCD acre t:s l dl .c Irl ice,deed, l ocu:ten No.21'--122'01.`-4E3,said o:licicl records,and southeastcornersaid 0538, acre CYtytract of!.I- ; THENCE NCn_'4;r 7"W 2 _..' al o: the comn:or.east itr.cr.,r i i.. n. :ud C,='5 acre 'ty tract of land Lill wtiut bound-,ii,line of sa,.d 0.l83_ acre trac-of.and t� tl-. P01 NT OF BEGINNING o` tic tract herein ns:ry Id'-u:: to tlrr; ,:n11111 ni+rtll-�st c.•rrrrr n.s;,ud L,1 ..,:.d�d r.ni ile t ,::I,: of said. _ H' ace Cl-v trst of.a .d,a1 iron Inds set contasiuty cam la}t.:d Bars and Welsh E: i eerix . 0r A. n M Welsh,R.P.L.S. 1b''� Hf><Qit lyl.WE.I.SK EXHIBIT"A" Pi�ge2of2 O N O � Z Oly Q W O wNz off W O ('7 z OO ado a �, wx owe II 13 yy z �ID (m W Z ZW W In Ocu W Fr Li wo IV Qli-I(n D to O ¢ z zm((1)<,6 o U ltd V ¢cz Lj m om\ g .� vl >w ..wc7 � noN RAND MORGAN ROAD O�o v7i H N d m 0 ¢ � d � z L7 yUF W u r3<[3 O o U,Uh fm'7� O J yc]1, Nc5 w a' 0 _ 7U� p =c3 w m z a lz z y LJ o ¢ Z Imo- ,00 'OEE W ¢ m 3.L2,LV.00S _ ul a vrd f vwi Lf) ' Q � 11f P� n a CJ m_ Wz >� s a � � LJo o' �0—� ((4 6 m W V7 H U Q m CHIS6LM TRAIL o ��� I w¢ N act U II cu y> a w gra 1 `dui Uw = ^ m m ��m aaLLJ-C � h X p W cu(amu r �ti� ~ Pq Cd Ge iO cu m LOT B uWy3t w LOT 9 I� Q =Wm N 3 Q DO LJ Q ��� � < o y cu D ¢ N ` m m O N ce O fV m I (.J m O F- m �� ¢ t Go W JPO J (U ZN ` M�O �� NO_ NN o (� f,UN O mo m I oo �o oadz(u U U O Im(u m a, II I I f l 11 C]d'HJu u RHUMBA TRAIL I m LOT 9 _ 3f LOT ]66 3 LO y1.7 D7 F np mO N J py a6 lo z r W �' 1\O .�-i N Bin HN ¢OWH W O �In a% CO aoo- ¢ pm co U -(,j>_of ..W %Sh U F m U t0 Z r.3 ¢ ^U W I- J y 3 0 N Z U N O 6 Z I, _ID m .O NZ O in L)FY� ¢Li ODD O Ja!11c Z O P 13 U U R R N Zoning Case 1023-01 MPM Development LP z District 1 I '3 � o� MUR°OCK°R I Rezoning for a property at or near "tM 1621 Rand Morgan Road From the"RS-6" Single-Family 6 District F -" - - E° '11 R To the "RS-4.5" Single-Family 4.5 District SUBJECT _ w PROPERTY : s f { Cu•oC Esri,HERE ,, � Cniius LOCATION MAP City Council November 14, 2023 Zoning and land Use Proposed Use: FEB-08-2021 To allow a denser residential subdivision ' CN-1 development. JUN-13-2017 J F — Rs 1 FEB-18-2019 FEB-19-2001 M�aRno•'IK-o S-9.._5 c RE MAR-17-2017 I Area Development Plan (ADP): R-41 5 RE I DEC-15-2017 Northwest ADP (Adopted on Jan. 9, 2001) R[SU SEDALIA TR AUG-15-2016 FR Future Land Use Map: Medium-density residential SUBJECT Ax PROPERTY �-' OCT-17-1994 Existing Zoning: "RS-6" Single-Family 6 Residential District RS-6 � RS-6 Q Adjacent Land Uses: N • North: Low Density Residential (Zoned RS-4.5) • South:Agricultural (Zoned RS-6) « East: Public/Semi-Public, Commercial,Agricultural (Zoned RS-6, CG-1, and RS-6) • West: Drainage Corridor and Agricultural (Zoned DC and RS-6) Public Notification 61 Notices mailed inside the 200-foot buffer — - - `"-' J RS_4 1 5 MURo04-1k J El, 2 Notices mailed outside the 200-foot buffer S "� RE _S_,J 5 _ RE Notification Area m1 RS-9.5 311 I f$f92)112223242526212y`13USCDALIALTR1"'- -` F'R 32 SO 145 33 i4.597 1 5 5�"51 1491 144' 11 4140 363_ 7`3ti35.4 �� N f pp l ) 64 �� SUBJECT Opposed: 0 0% a 5 Separate Opposed Owners PROPERTY 6 4 2 RS-6 3 co In Favor: 0 (0.00%) N "Notified property owner's land in SQF/Total square footage 1 of all property in the notification area = Percentage of public opposition. Staff Analysis and Recommendation o The proposed rezoning is consistent with many elements of Plan CC and the FLUM's designation of Medium-Density Residential. It is generally consistent with the northwest ADP; however, staff noted that it was adopted 22 years ago. o The community, along the west side of Rand Morgan Road, east of Violet Road, and south of Leopard street, shows consistency with Plan CC's recommended land use pattern. While the commercial nodes and neighborhood commercial pockets are currently vacant, the proposed request is deemed appropriate for the site. o The site is 6 miles away from the Corpus Christi International Airport, and outside any of the clear and accident potential zones delineated by the AICUZ overlay for the airport. It is suitable for residential development. o The development is appropriate in size and flow with the existing subdivisions at the north. The 20.26-acre development will accommodate a total of 115 lots. o The zoning map amendment will not have a negative impact upon the surrounding neighborhood. It is also compatible with the present zoning and conforming uses of nearby properties and the character of the surrounding northwest area. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL OF THE REQUEST FROM "RS-6" TO "RS-4.5" . *� , ..r. .O a , Q _ J � z g Z ;J , � .� �� _ .rte ,' � _•• ��� -, � � �rs� �� s �(;- ITI-tr-r-MITM. EDALIA TR 1---FI -ILJ PR.OPER,TY Y 3i J � w ° q CASE: 1023-01 4 a I WE Aerial View ® Subject Property S y SUBJECT\ PROPERTY City of Esri, HERE Corpus _ y LOCATION MAP Christi so �o o� A H AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 14, 2023 WoRPORP�g4 1852 Second Reading Ordinance for City Council Meeting November 28, 2023 DATE: October 17, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department RobertD4Ca)-cctexas.com (361) 826-3133 Acceptance of a Grant from the Coastal Bends Bays & Estuaries Program for Improvements to the Hans & Pat Suter Wildlife Refuge CAPTION: Ordinance accepting a grant in the amount of$346,991 from the Coastal Bend Bays & Estuaries Program Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge; appropriating funds in the amount of$346,991 Grants Fund; and amending the operating budget. SUMMARY: The City of Corpus Christi's Parks & Recreation Department, in conjunction with the city's Grants Program Manager, proactively submitted a proposal to the Coastal Bends Bays & Estuaries Program (CBBEP) Human Uses Team for necessary improvements to the Hans & Pat Suter Wildlife Refuge. CBBEP confirmed that the proposed submittal was approved by the CBBEP Board of Directors as part of CBBEP's FY24 workplan. BACKGROUND AND FINDINGS: The Hans & Pat Suter Wildlife Refuge, located at 6001 Ennis Joslin Road, is a well-known park for observing and exploring the diverse, coastal ecosystem of the Oso Bay. The Refuge serves as an important resource for tourism, education, and recreation. The Refuge has a 1.3-mile nature trail and an 800-foot boardwalk which allows for remarkable views of the bay, grassy marshes, woodlands, and mudflats. The Refuge highlights how migratory birds/waterfowl can thrive in an urban development. The Refuge is a highly visited park and is popular among birdwatchers and local conservation groups. A strategy of the 10-year Parks & Recreation Master Plan is to utilize partnerships with birding businesses to promote/advertise birding activities and tours. The Refuge provides a unique opportunity to use the area's natural resources and variety of flora/fauna for a successful, nature- based recreation and tourism program. Nature-based recreation/tourism strategies can increase revenues and strengthen economic development by creating/supporting local nature businesses and hospitality industries. The proposed improvements include shoreline management to address erosion (southside of the site) and substantial repairs to the current asphalt trail. The last significant improvements to the Park took place in 2010. The current trail is in much need of repair, and it is proposed to resurface/convert the trail to an 8-foot-wide, concrete trail (ADA accessible). The new trail will improve safety and resiliency to sustain inclement weather; improve accessible tourism and recreation. Initiatives have been proposed for shoreline management to stabilize/reduce further erosion. Erosion has also become a hazard along the trail at the water's edge where a portion of the trail has collapsed or washed away. Improving shoreline protection with well managed access areas helps reduce natural resource damage and maintains wildlife habitats; ensures that visitors continue to benefit from a safe, coastal ecosystem. CBBEP estimates the funds will be made available by December 2023. Staff have determined that a two-year timeline to complete the project is achievable with construction bids for the erosion improvements to take place first. Construction bids for the trail improvements will follow to avoid damage to the trail that can be caused by the heavy equipment that is used for erosion improvements. ALTERNATIVES: The alternative would be to not accept the grant. However, not accepting the grant will cause further damage to the Refuge if not addressed. FISCAL IMPACT: There is no fiscal impact as the City will not be responsible for providing an in-kind match/funding for this grant. RECOMMENDATION: Staff recommend approval to accept the grant from CBBEP for improvements to the Hans & Pat Suter Wildlife Refuge. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance CORPUS CHRISTI PARKS& RECREATION Grant from the Coastal Bend Bays & Estuaries Program (CBBEP) for Improvements to the Hans & Pat Suter Wildlife Refuge City Council Meeting November 14, 2023 Background CORPUS CHRISTI PARK56. • The Hans & Pat Suter Wildlife Refuge is a well-known park with a 1.3-mile nature trail for observing & exploring the diverse, coastal ecosystem of the Oso Bay. • Parks & Recreation, in conjunction with the Grants Program, submitted a proposal to the CBBEP's Human Uses Team for necessary improvements to the Refuge. • The proposal included much needed improvements to the current asphalt trail & shoreline management to address erosion (southside of the site). • The proposal was approved by the Human Uses Team in August 2023. z 141, Nature Trail f- / CORPUS CHRISTI ==2- It ARKSAIt is proposed to resurface/convert the The new trail will improve safety & current trail to an 8-foot-wide, concrete resiliency to sustain inclement weather; trail (ADA accessible). improve accessible tourism and recreation. 3 '4 Shoreline Management CORPUS CHRISTI PARKS& IR RECREATION • Erosion has become a hazard along the trail at the water's edge where a portion has collapsed or washed away. 5-foot • Shoreline protection (i.e., riprap/grid ,.; drop installation) along with relocating the trail further from the bay & � implementing a living shoreline can help stabilize/reduce further erosion. • Well managed access areas help reduce " natural resource damage & maintain r 22-feet ` wildlife habitats. *`'_ Proposed Timeline '` GO Fa PIJS CHRISTI PA RK56 iiECREATION • CBBEP estimates the funds will be made available by December 2023. • The Ordinance will proceed to appropriate the funds with a tentative date scheduled in December 2023 for Mayor & City Council consideration. • Staff have determined that a two-year timeline for project completion is achievable. • Construction bids for the erosion improvements will take first priority after passage of the Ordinance. • Construction bids for the trail improvements will follow to avoid trail damage which can be caused by the heavy equipment used for erosion improvements. 5 PolicyAlignment CORPUS CHRISTI PARK56 iiECREATION • The Refuge provides a unique opportunity to use the area's natural resources for a successful, nature-based recreation & tourism program. • Nature-based recreation/tourism strategies can increase revenues & strengthen economic development by creating & supporting local nature businesses/hospitality industries. • A strategy of the 10-year Parks & Rec Master Plan is to utilize partnerships with birding businesses to promote/advertise birding activities & tours. Recommendation COFIRUEB CHRISTI PARK56 iiECREATION • Staff recommends approval to accept Grant funds from the CBBEP for improvements to the Hans & Pat Suter Wildlife Refuge. Ordinance accepting a rant in the amount of $346,991 from the Coast Bends Bays & Estuaries Program Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge; and appropriating funds in the amount of $346,991 Grants Fund. 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 funding in the amount of$346,991 from the Coastal Bends Bays & Estuaries Program (CBBEP) Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge. The improvements are to include repairs to and widening of the asphalt trail to an 8-foot-wide concrete trail and shoreline management and protection to stabilize/reduce further erosion. SECTION 2. That $346,991 is appropriated in the Grants Fund from the CBBEP Human Uses Team Program for the improvements described in Section 1 . Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 28, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Additional Konica Minolta Digital Press for Print Shop CAPTION: Resolution authorizing a five-year rental agreement for the lease of a Konica Minolta copier for the Print Shop from UBEO, LLC, of Pharr, Texas, with an office in Corpus Christi, for a total amount not to exceed $89,820.00, with FY 2024 funding of $14,970.00 from the Contracts and Procurement Fund. SUMMARY: This motion authorizes a five-year rental agreement with UBEO, LLC for the lease of a second Konica Minolta Digital Printing Press for the Print Shop. BACKGROUND AND FINDINGS: Printing is a major requirement of many of our City's unique lines of business. Items including, but not limited to, public notices, flyers, tickets, books, receipts, agendas, stickers, mailers, and envelopes help the City convey essential information to its residents and rate payers. Prior to 2022 the City outsourced over half of its printing work to outside vendors due to the limited functionality of the City's Print Shop printers. We relied on consumer grade multifunction copiers not meant to be utilized for commercial level print volumes. In March 2022 the City Council approved the lease of a commercial grade digital printing press that would allow the City's Print Shop to perform most of the outsourced work. That work was originally estimated to double the current workload and pair perfectly with the commercial grade printing press's capabilities. As of FY 2024 demand has increased beyond original estimates and the current print volume has increased from 40,000 clicks per month in 2022 to almost 180,000 clicks per month average YTD. The digital printing press is rated for about 100,000 clicks per month and is currently being utilized beyond its intended capabilities. This rate of use has caused increased maintenance, and extended downtime due to repairs. To protect our asset and extend the life of the existing machine staff is recommending leasing a second digital press. The additional press would create redundancy, reduce maintenance downtime, and allow for simultaneous printing to maximize the Print Shop's capabilities and further enhance the services provided to City Departments and local business partners. PROCUREMENT DETAIL: This is a sole source procurement. A statutory exception for this procurement is Texas Local Government Code, 252.001(4)(A) high technology procurement meaning the procurement of equipment, goods, or services of a highly technical nature, including data processing equipment and software and firmware used in conjunction with data processing equipment. UBEO, LLC is offering the City of Corpus Christi a discount offered through the open market because of year end Q4 incentive pricing. Description Pricing 60-month lease UBEO, LLC $1,497.00 per month $89,820.00 60-month lease Sourcewell Coop $2,079.00 per month $124,740.00 60-month lease ALTERNATIVES: One alternative is to continue to utilize the printer at the current expanded rate. This could potentially increase maintenance requirements and also shorten the life of the machine. Another alternative is to reduce the workload for the Print Shop by outsourcing some of the work to lower the volume of the machine to within the recommended range. FISCAL IMPACT: The rental agreement is for a five-year term of$89,820.00 with FY 2024 funding in the amount of $14,970.00 through the Contracts and Procurement Fund and the remaining $74,850.00 to be funded accordingly through the annual budget process. FUNDING DETAIL: Fund: 5010 Organization/Activity: 10900 Purchasing Mission Element: 43 Contracts & Procurement Project # (CIP Only): n/a Account: 520110 Minor office equipment RECOMMENDATION: City staff recommend approving the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet ubeo B U S T N E S S ru MANAGE RENTAL AGREEMENT S E R V I C E S owner: UBEO,LLC CUSTOMER • • Bill To Full Cust—Legal Name Contact Person InstalII Site Key Operator Corpus Christi, City of Minerva Alverado Brooks Hooper Sheet Add,— 11, Title 1201 Leopard Sr.Buyer-Procurement Print Shop Lead Bo S,Re R-,,g Telephone# Telephone# 361-826-3163 (361)826-3181 CAySlate yip Cale Facsimile# Facsimit.# Corpus Christi TX 78401 Inslalhum Add—(,fdff tfrom abwe) mail ml 1201 Leopard ,Corpus Christi TX,78401 MinervaA@cctexas.com brooksh@cctexas.com EQUIPMENT •- • Quantity Make Item Description(crAccessories) 1 1 Konica Minolta AC570111 ACCURIOPRESS C4080 2 3 4 5 6 $ 1,497.00 60 Payment Frequency Monthly r Monthly B&W Image Monthly Allowance 0 $0.00900 Color Image Monthly Allowance 0 $0.04400 Page/DIDLinear Feet Monthly Allowance Excess Per Image Charge(Linear Feet) xMedius Page/DID Charge Supplies(toner and developer in colors,black,cyan,magenta and yellow)and waste toner bottles are included at no additional charge,unless otherwise indicated. Throughput materials(paper stocks,staples,etc.)and toner and developer in colors clear,gold,silver,white,and fluorescent pink are NOT included. BLACK Supplies Included ❑NO COLOR Supplies Included [_]NO AGREEMENT NUMBER All amounts exclusive of applicable taxes SALES REPRESENTATIVE THIS AGREEMENT CANNOT BE TERMINATED EARLY. Robert Thomas/Efrain Franco Additional Terms and Conditions on Second Page. Other Agreed Upon Addendurl include: A ❑✓ Merlin ❑Fax❑e-Mail M-1 Fma Brooks Hooper brooksh@cctexas.com 0 During the term of this Agreement,Owner may substitute and/or change the tools and equipment that it uses in providing the images and other solutions being provided to Customer.In these situations,Owner will explain the changes to Customer and Customer will sign an updated schedule incorporating the changes to the equipment and related products in the Customer's possession and/or being used to provide the solution.In addition,if customer's needs and/or the available technology changes dramatically,either party may initiate discussions to revise this Agreement;provided that any such change must be mutually agreed to in a new agreement or amendment signed by authorized individuals on behalf of both Customer and Owner. CUSTOMEROWNER By signing below customer certifies that all conditions and terms of this agreement on the first and second page have been reviewed and acknowledged.By providing a telephone number for a cellular phone or other wireless device,you are expressly consenting to receiving communications(for NON-marketing or solicitation purposes)at that number,including,but not limited to,prerecorded or artificial message calls,text messages,and calls made by an automatic telephone dialing system from Owner and its affiliates and agents.This Express Consent applies to each such telephone number that customer provides to us now or in the future and permits such calls.These calls and messages may incur access fees from your cellular provider. Federal ax ID Company Name: Corpus Christi,City of Owner' UBEO,LLC By(Please Print): Josh Chronley By: Signature: Signature: Title: Asst.Director of Finance-Procurement I Date: Title: Date: DELIVERY AND ACCEPTANCE The Customer hereby certifies that all the Equipment:1)has been received,installed,and inspected,and 2)is fully operational and unconditionally accepted.All conditions and terms of this agreement have been reviewed,acknowledged and are now irrevocable and unconditional. By(Please Print): Title: Signature: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date 1 of Rev:5/1/2022 UMANAGE RENTAL AGREEMENT TERMS and CONDITIONS 1.Ownership and Use of System:Owner is the sole owner and title holder to the"System".The"System"shall mean Owner does not own any software and cannot transfer any interest in it to Customer.In Accordance with this all hardware(and,except as limited by section 10 below,software)included on the UMANAGE Rental Agreement. agreement,within 10 days of the expiration or earlier termination,for whatever reason,of the Agreement, Customer agrees to keep the System and associated products free and clear of all liens and claims.Customer agrees Customer will deliver the System to Owner in good condition and repair,except for normal wear and tear. that the System and associated products will be used solely for business purposes and not for consumer purposes or UBEO, LLC agrees not to disclose any customer information to manufacturers or competitors that is not personal use and that the Customer's location is a business address. required by law. 2.Payment:Monthly payments will begin on the Commencement date.The Customer agrees to pay Owner the base 11.Location of System:The Customer will keep the System at the location specified in this Agreement.The payment which includes the minimum base image allowance when due.The Customer also agrees to pay a charge Customer must obtain Owner's written permission to move the System.The Customer will allow Owner or its for each image in excess of the image allowance.The base payment and the charge for overages are as indicated on agents to inspect the System at any reasonable time wherever it is located. the first page of this Agreement.If any payment is more than ten days late,the Customer agrees to pay a fee of up to 15%or$29(whichever is greater)on the overdue amount,but not to exceed the maximum amount allowed by law. The Customer also agrees to pay$35 for each check that the bank retums for insufficient funds or any other reason. 12.Assignment:THE CUSTOMER HAS NO RIGHT TO SELL, TRANSFER, ENCUMBER, SUBLET OR At the end of the first year of this Agreement,and once each successive twelve month period thereafter,Owner may ASSIGN THE SYSTEM OR THIS AGREEMENT.Owner may sell,transfer or assign this Agreement without increase the base payment and the Excess Per Image charges by an amount not to exceed 6%of the then current notice and if Owner does,the assignee will have the same rights and benefits Owner has and will not have to payment and charges.The Customer's obligation to pay the base payments and its other obligations hereunder is perform any of"Owner's"obligations.UBEO,LLC will retain those obligations and Customer agrees that the absolute and unconditional and is not subject to cancellation,reduction,setoff or counterclaim.THIS AGREEMENT rights of the assignee will not be subject to any claims,defenses or setoffs the customer may have against the IS NON-CANCELABLE. Owner. 13.Warranty Disclaimer:OWNER MAKES NO WARRANTY EXPRESS OR IMPLIED,INCLUDING THAT THE 3.Excess Images:Customer will submit true and accurate System meter readings to Owner for the System by the SYSTEM IS FIT FOR A PARTICULAR PURPOSE OR THAT THE SYSTEM IS MERCHANTABLE.OWNER end of the second workday of each billing period in any reasonable manner requested by Owner,including an TRANSFERS TO CUSTOMER ANY WRITTEN WARRANTIES MADE BY THE VARIOUS MANUFACTURERS automated collection system.If Customer fails to submit meter readings,Owner may estimate meters and generate REPRESENTED IN THIS AGREEMENT.CUSTOMER AGREES CUSTOMER HAS SELECTED THE invoicing based upon the estimated meter readings. SUPPLIER AND EACH ITEM OF SYSTEM AND ASSOCIATED PRODUCTS BASED UPON ITS OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY ORAL STATEMENTS OR REPRESENTATIONS 4.Term and Transition Billing:This Agreement is binding upon Customer on the date Customer signs the Agreement. MADE BY OWNERS.CUSTOMER WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT The Agreement is effective on the date Customer signs the Delivery and Acceptance("Effective Date").The term of REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER,LICENSOR OR the Agreement begins on date designated by us after receipt of all required documentation and acceptance by us MANUFACTURER,AND FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT ("Commencement Date")and continues for the number of months designated as"Term"on the first page of this EXCUSE CUSTOMER'S OBLIGATIONS TO OWNER UNDER THIS AGREEMENT. Agreement.Customer agrees to pay an interim base payment in the amount of 1/30 of the monthly base payment, for each day from and including the Effective Date until the day preceding the Commencement Date. 14.Default and Remedies:The Customer will be in default if any of the following occurs:(i)Customer does not pay any amount under this Agreement or other sum due to Owner or any other entity,(ii)Customer breaches any other term of this Agreement or any other agreement with Owner or any material agreement with any other 5.Upgrade and Downgrade Provision:Owner may review your image volume and,in its discretion,propose options entity,(iii)Customer or any guarantor dies,dissolves or terminates existence;(iv)Customer makes or has for upgrading or downgrading to accommodate your needs. made false statement or misrepresentation to Owner;(v)there has been a material adverse change in Customer or any guarantor's financial,business or operating condition;(vi)any guarantor defaults under any 6.Taxes and Fees:This is a net agreement.In addition to rent,the Customer agrees to pay all taxes,fees,and fling guaranty for this Agreement;(vii)Customer or any guarantor becomes insolvent or unable to pay its debts when costs related to the use of the System,even billed after the end of the Agreement.Owner will file property tax returns due;Customer stops doing business as going concern;Customer merges,consolidates,or transfers all or and bill the Customer as soon as an invoice from the local jurisdiction is received.Owner has the option to estimate substantially all of its assets;or(viii)Customer makes an assignment for the benefit of its creditors or any taxes due for the year and bill the Customer periodically in advance on the basis of that estimate.The Customer voluntarily file or have fled against it an action under any bankruptcy proceedings.If the Customer defaults, agrees that if Owner pays anytaxes or charges on the Customer's behalf,Customer will reimburse Ownerfor all such Owner can take the following remedies:a)terminate this Agreement;b)require Customer to pay 1)all past due payments and will pay Owner a fee for collecting and administering any taxes,assessments or fees and remitting amounts hereunder and 2)all remaining payments for the unexpired term,discounted to present value at a 2% them to the appropriate authorities.The Customer will indemnify Owner on an after-tax basis against the loss of any discount rate;c)require Customer to return the System to Owner at the Customer's expense;or d)exercise any tax benefits anticipated at the Commencement Date arising out of the Customer's acts or om issions.Owner may other remedy available at law or equity.The Customer promises to pay Owner's reasonable attorneyfees and charge Customer a reasonable fee to cover documentation and investigation costs.Any amount charged under this any cost associated with enforcement of this Agreement.Customer also agrees to pay interest on all past due agreement may include a profit. amounts,from the due date,at 1.5%per month.This action will not void the Customer's responsibility to 7.UCC Filing:The Customer authorizes Owner or its assignee to sign any documents in connection with the Uniform maintain and care for the System,nor will Owner be liable for any action taken on any third party's behalf. Commercial Code("UCC")on the Customer's behalf.The Customer authorizes Owner to insert the serial number(s) of the System in this Agreement(including any schedules)and in any flings.In order to protect our rights in the 15.Business Agreement and Choice of Law:THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE System,Customer grants the Owner a security interest in the System if this Agreement is deemed a secured GOVERNED UNDER THE APPLICABLE LAW OF THE STATE IN WHICH OWNER(OR,IF ASSIGNED BY transaction and Customer authorizes Owner to record a UCC-1 financing statement or similar instrument,and appoint OWNER,OWNER'S ASSIGNEE)MAINTAINS ITS PRINCIPAL OFFICES,AND ANY DISPUTE CONCERNING Owner as its attorney-in-fact to execute and deliver such instrument,in order to show Owner's interest in the System. THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE.OWNER (AND ITS ASSIGNEE)AND CUSTOMER WAIVE THE RIGHT TO A TRIAL BY JURY IN THE EVENT OF A LAWSUIT AND WAIVE ANY RIGHT TO TRANSFER VENUE. 8.Collateral Protection,Liability and Insurance:The Customer is responsible for any damage to or loss of the System and any losses or injury caused by the System.The Customer promises to keep the System fully insured against loss 16.Renewal and Return of System:After the Minimum Term,as defined bythe Agreement and any written until the Agreement is paid in full and maintain insurance that protects Owner from liability for any damage or injury extension thereof,this Agreement will automatically renew on a twelve(12)month basis unless 1)the Customer caused by the System or its use.The Customer promises to provide Owner with evidence of the insurance,showing notifies Owner in writing not less than 90 days prior to the expiration of the Minimum Term or extension of its Owner as the loss payee for the full replacement value of the System and additional insured for public liability and intention to return the System and 2)the Customer returns the System as provided below. Provided the third party property insurance,upon request.If Customer fails to provide such evidence within 30 days after the Customer has given such timely notice,it shall return the System,freight and insurance prepaid,to Owner in commencement of this Agreement,Owner has the option,but not the obligation to do as provided in either(A)or(B) good repair condition and working order,ordinary wear and tear excepted,in a manner and to a location as follows,as determined in Owner's discretion:(A)Owner may secure property loss insurance on the System from a designated by Owner.The Customer must pay any additional rents due until the System is received in good carrier of Owner's choosing in such forms and amounts as Owner deems reasonable to protect Owner's interests.If working condition by Owner or its agents.Customer is responsible for protecting and removing any confidential Owner secures insurance on the System,Customer will not be named as an insured party,Customer's interests may data/images stored on the System prior to its return for any reason.Customer may not terminate this not be fully protected,and Customer will reimburse Owner the premium which may be higher than the premium Agreement early without Owner's consent. Customer would pay if Customer obtained insurance,and which may result in a profit to Owner through an investment in reinsurance.If Customer is current in all of its obligations under the Agreement at the time of loss,any insurance proceeds received relating to insurance Owner obtains pursuant to this subsection(A)will be applied,at Owner's option,to repair or replace the System,or to pay Owner the remaining payments due or to become due 17.Other Rights:The Customer agrees that Owner's delay,or failure to exercise any rights,does not prevent under this Agreement,discounted at 2%per annum;or(B)Owner may charge Customer a monthly damage Owner from exercising them at a later time.If any part of this Agreement is found to be invalid,then it shall not surcharge of up to.0035 of the System cost as a result of Owner's credit risk and administrative and other costs,as invalidate any of the other parts and the agreement shall be modified to the m inimum extent as perm itted by would be further described on a letter from Owner to Customer.We may make a profit on this program.NOTHING IN law.The terms of this Agreement supersede any related Purchase order. THIS PROVISION WILL RELIEVE CUSTOMER OF THE RESPONSIBILITY FOR LIABILITY INSURANCE ON THE SYSTEM.Owner may file claims and endorse insurance checks on the Customer's behalf. 18.UCC-2A Provisions:Customer waives any and all rights and remedies granted to Customer under Sections 2A-508 through 2A-522 of the UCC and agrees that this Agreement,in the hands of Owner's assignee,is,or shall be treated as,an agreement of the type defined in Section 103(1)(g)of Article 2A of the UCC. 9.Indemnity:After installation,Owner is not responsible for any losses or injuries caused by the use or possession of the System.Customer agrees to hold Owner harmless and reimburse Owner for loss and to defend Owner against 19.Entire Agreement:This Agreement represents the entire Agreement between Owner and the Customer any claim for losses or injury caused bythe System.This indemnity obligation will continue after the termination of regarding the financing of the System.Neither Owner nor the Customer will be bound by any amendment, this Agreement if the loss or injury occurred during the term of the Agreement.The Customer agrees to reimburse waiver,or other change unless agreed to in writing and signed by both parties. Owner for and defend Owner against any claims,for losses or injuries caused by the System,unless such losses or injuries are caused bythe gross negligence or willful misconduct of Owner.IN NO EVENT SHALL OWNER BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES. 20.MISCELLANEOUS:Any change in any of the terms and conditions of this Agreement must be in writing and signed by Owner.Customer agrees,however,that Owner is authorized,without notice to Customer,to supply missing information or correct obvious errors in this Agreement.A fax or electronically transm itted version of 10.Maintenance and Care of Owner's System:The Customer agrees to install,use and maintain the System in Customer's signature on this Agreement when received by Owner shall be binding upon Customer as if accordance with the dealer specifications and use only those supplies supplied or approved by UBEO,LLC which originally signed.The parties agree that this Agreement and any related documents may be authenticated by meet manufacturer specifications.Customer agrees to maintain the System in good working condition,eligible for electronic means.Customer agrees not to raise as a defense to the enforcement of this Agreement or any manufacturer's certification,normal wear and tear excepted.Maintenance provided by UBEO,LLC is non-cancellable related documents that Customer executed or authenticated by electronic means.However,this Agreement for the term of the agreement for the listed System.Maintenance includes and is limited to;parts repair or shall be binding on Owner when signed by Owner.Both Customer and Owner agree that the version of this replacement and associated labor,for service required as a result of normal wear and tear.Supplies(toner and Agreement with Owner's original signature shall constitute the original authoritative version.Within 30 days developer in colors,black,cyan,magenta and yellow)and waste toner bottles are included at no additional charge. after Owner's request,Customer will deliver all requested information(including tax returns)which Owner Toner usage is based on manufacturer's suggested yields.Excess usage can be billed when suggested yields are deems reasonably necessary to determine Customer's current financial condition and faithful performance of exceeded.Throughput materials(paper stocks,staples,etc.)and toner and developer in colors clear,gold,silver, the terms hereof. white and fluorescent pink are NOT included.Work associated with Customer's Information Technologies not listed on this Agreement,including but not limited to Software,Computers,Data Files and Network is not covered bythe Owner,and is billable to Customer.Owner is not responsible for any damage to Customer's Information Technology Systems.Customer is responsible for all Software Agreements and Owner is not a party to any such licensing but will include such software as part of the Agreement. 2 of 2 Rev:5/1/2022 Amendment This Amendment amends that certain agreement by and between UBEO, LLC ("Owner") and City of Corpus Christi ("Customer") which agreement is identified in the Owner's internal books and records as Agreement No. 1932441 (the "Agreement"). All capitalized terms used in this Amendment, which are not otherwise defined herein, shall have the meanings given to such terms in the Agreement. Owner and Customer have mutually agreed that the following modifications be made to the Agreement. 1. The Any written changes or cross-offs to the Agreement shall be disregarded, as Owner and Customer have agreed that all modifications needed to the Agreement shall be incorporated in this Amendment. 2. The following section is hereby added to the Agreement: "EARLY PREPAYMENT RIGHT. Notwithstanding anything else herein to the contrary, you may, upon thirty (30) days prior written notice, terminate this Agreement early if you pay to us all of the regularly scheduled monthly payments due, or to become due under the Agreement, plus our booked residual, plus any and all sales taxes, actual or estimated property taxes, excess per image charges, and any other miscellaneous amounts due and owing under the Agreement. Upon satisfaction of the criteria set forth in this paragraph, this Agreement shall terminate and your obligations under this Agreement will be deemed satisfied." 3. The sentence in section 2 entitled "Payment" which reads "Monthly payments will begin on the Commencement date," is hereby deleted and replaced with the following: "Monthly payments will begin on the Commencement Date." 4. The following sentence is hereby deleted from section 2 entitled"Payment": "If any payment is more than ten days late, the Customer agrees to pay a fee of up to 15% or $29 (whichever is greater)on the overdue amount, but not to exceed the maximum amount allowed by law." 5. The following sentence is hereby deleted from section 2 entitled"Payment": "At the end of the first year of this Agreement, and once each successive twelve-month period thereafter, Owner may increase the base payment and the Excess Per Image charges by an amount not to exceed 6% of the then current payment and charges." 6. The following sentence is hereby deleted from section 4 entitled"Term and Transition Billing": "Customer agrees to pay an interim base payment in the amount of 1/30 of the monthly base payment, for each day from and including the Effective Date until the day preceding the Commencement Date." 7. The following sentence is hereby added to section 6 entitled "Taxes and Fees": "This is a net agreement." 8. The following sentences are hereby deleted from section 6 entitled "Taxes and Fees": "The Customer will indemnify Owner on an after-tax basis against the loss of any tax benefits anticipated at the Commencement Date arising out of the Customer's acts or omissions. Owner may charge Customer a reasonable fee to cover documentation and investigation costs." 9. Section 8 entitled "Collateral Protection, Liability and Insurance" is hereby deleted and replaced with the following: "8. Loss or Damage: The Customer is responsible for any damage to or loss of the System and any losses or injury caused by the System." CorpusChdsti,Cityof.1932441.00279170.P03.ad.doc PAGE 1 OF 3 10. The following sentences are hereby deleted from section 9 entitled "Indemnity": "Customer agrees to hold Owner harmless and reimburse Owner for loss and to defend Owner against any claim for losses or injury caused by the System. This indemnity obligation will continue after the termination of this Agreement if the loss or injury occurred during the term of the Agreement. The Customer agrees to reimburse Owner for and defend Owner against any claims, for losses or injuries caused by the System, unless such losses or injuries are caused by the gross negligence or willful misconduct of Owner." 11. The following sentence is hereby added to section 10 entitled"Maintenance and Care of Owner's System": "Customer is responsible for all Software Agreements and Owner is not a party to any such licensing but will include such software as part of the Agreement." 12. The sentence in section 12 entitled "Assignment" which reads "UBEO LLC will retain those obligations and Customer agrees that the rights of the assignee will not be subject to any claims, defenses or setoffs the customer may have against the Owner," is hereby deleted and replaced with the following: "UBEO LLC will retain those obligations and Customer agrees that the rights of the assignee will not be subject to any claims, defenses or setoffs the Customer may have against the Owner." 13. The sub-sentence in section 14 entitled "Default and Remedies" which reads "(ii) Customer breaches any other term of this Agreement or any other agreement with Owner or any material agreement with any other entity," is hereby deleted and replaced with the following: "(ii) Customer breaches any other term of this Agreement or any other agreement with Owner," 14. The following sentence is hereby deleted from section 14 entitled "Default and Remedies": "The Customer promises to pay Owner's reasonable attorney fees and any cost associated with enforcement of this Agreement." 15. The sentence in section 14 entitled "Default and Remedies"which reads "Customer also agrees to pay interest on all past due amounts, from the due date, at 1.5% per month," is hereby deleted and replaced with the following: "Customer also agrees to pay interest on all past due amounts, from the due date, at the statutory amount required pursuant to the Texas Prompt Payment Act." 16. The sentence in section 15 entitled "Business Agreement and Choice of Law" which reads "THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW OF THE STATE IN WHICH OWNER (OR, IF ASSIGNED BY OWNER, OWNER'S ASSIGNEE) MAINTAINS ITS PRINCIPAL OFFICES, AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE," is hereby deleted and replaced with the following: "THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW OF THE STATE IN WHICH CUSTOMER MAINTAINS ITS PRINCIPAL OFFICES, AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE." 17. The sentence in section 16 entitled "Renewal and Return of System" which reads "After the Minimum Term, as defined by the Agreement, and any written extension thereof, this Agreement will automatically renew on a twelve (12) month basis unless 1) the Customer notifies Owner in writing not less than 90 days prior to the expiration of the Minimum Term or extension of its intention to return the System and 2) the Customer returns the System as provided below," is hereby deleted and replaced with the following: "After the Minimum Term, as defined by the Agreement, and any written extension thereof, this Agreement will automatically renew month-to-month unless 1) the Customer notifies Owner in writing at CorpusChdsti,Cityof.1932441.00279170.P03.ad.doc PAGE 2 OF 3 least 30 days prior to the expiration of the Minimum Term or extension of its intention to return the System and 2)the Customer returns the System as provided below." 18. The following sentence is hereby deleted from section 16 entitled "Renewal and Return of System": "Customer may not terminate this Agreement early without Owner's consent." 19. The following sentence is hereby deleted from section 20 entitled "Miscellaneous": "Within 30 days after Owner's request, Customer will deliver all requested information (including tax returns) which Owner deems reasonably necessary to determine Customer's current financial condition and faithful performance of the terms hereof." Except as specifically modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. If, and to the extent there is a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. A copy of this document containing your original or facsimile signature or other indication of your intent to agree to the terms set forth herein shall be enforceable for all purposes. This Amendment is not binding until accepted by Owner. UBEO, LLC City of Corpus Christi Owner Customer By: By: X Signature Signature Print Name&Title Print Name&Title Date Accepted: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date CorpusChdsti,Cityof.1932441.00279170.P03.ad-doe PAGE 3 OF 3 NON-APPROPRIATION ADDENDUM This is an addendum ("Addendum") to and part of that certain agreement between UBEO, LLC ("we", "us", "our") and CORPUS CHRISTI, CITY OF ("Governmental Entity", "you", "your"), which agreement is identified in our records as agreement number 1932441 ("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. APPLICABLE TO GOVERNMENTAL ENTITIES ONLY You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the Equipment will be operated and controlled by you and will be used for essential government purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038-GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day of the fiscal period for which funds were available, without penalty or additional expense to you (other than the expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non-appropriation did not result from any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment obligation. If and to the extent that the items financed under the Agreement is/are software, the above-referenced certificate shall also include certification that the software is no longer being used by you as of the termination date. The undersigned, as a representative of the Governmental Entity, agrees that this Addendum is made a part of the Agreement. • AUTHORIZED As Stated Above X SIGNATURE PRINT NAME&TITLE DATE OUR SIGNATURE UBEO of South Texas SIGNATURE PRINT NAME&TITLE DATE APPROVED AS TO LEGAL FORM Assistant City Attorney Date 001886.1.3.4-VP07NAM C 0622 rAm�o'01-339(Back) r , (Rev.6-04/5) TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION Name of purchaser,firm or agency City of Corpus Christi Address(Street&number,P.O.Box or Route number) Phone(Area code and number) 1201 Leopard Street 361-826-3163 City,State,ZIP code Corpus Christi, Texas 78401 I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from: Seller: UBEO Business Services Street address: 402 S. Chaparral, Suite D City, State, ZIP code: Corpus Christi, TX 78401 Description of items to be purchased or on the attached order or invoice: Digital color printers and supplies Purchaser claims this exemption for the following reason: Municipality I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the Tax Code:Limited Sales,Excise,and Use Tax Act;Municipal Sales and Use Tax Act;Sales and Use Taxes for Special Purpose Taxing Authorities; County Sales and Use Tax Act; County Health Services Sales and Use Tax;The Texas Health and Safety Code; Special Provisions Relating to Hospital Districts,Emergency Services Districts,and Emergency Services Districts in counties with a population of 125,000 or less. I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that 1 know,at the time of purchase, will be used in a mannerother than that expressed in this certificate and,depending on the amount of tax evaded,the offense may range from a Class C misdemeanor to a felony of the second degree. Purchaser Title Date sign here NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax"Exemption Numbers"or"Tax Exempt' Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Resolution authorizing a five-year rental agreement for the lease of a Konica Minolta copier for the Print Shop from UBEO, LLC, of Pharr, Texas, with an office in Corpus Christi, for a total amount not to exceed $89,820.00, with FY 2024 funding of $14,970.00 from the Stores Fund. WHEREAS, UBEO, LLC, can provide an additional Konica Minolta Copier for the Print Shop; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; WHEREAS, there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source because of patents, copyrights, secret processes, or natural monopolies; and WHEREAS, there is a second statutory exemption for this procurement in Local Government Code, Section 252.022(a)(7)(D), as this purchase is necessary to include, for compatibility reasons, the same component equipment and software as the existing printers in the Print Shop; now, therefore, Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute all documents necessary to secure a five-year lease agreement with UBEO, LLC, in the amount of $89,200.00, with FY 2024 funding of $14,970.00 from the Stores Fund. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Printer for Print Shop Sole Source UBEO, LLC Pharr, TX Item Description Month Cost Total Price 1 Konica Minolta Printerl 60 $1 ,497.00 $89,820.00 Total $89,820.00 se X111 a.� H U NCOgpOPPt EAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 28, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water Systems Infrastructure WesleyN(a)-cctexas.com (361) 826-3111 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Supply Agreement for Non-Shear Flexible Couplings CAPTION: Motion authorizing execution of a one-year supply agreement, with two one-year options, with F&D Supply, LLC, of Laughlin, Nevada, to purchase non-shear flexible couplings for Corpus Christi Water in an amount not to exceed $76,780.93, with a potential amount up to $230,342.79 if the options are exercised, with FY 2024 funding of $76,780.93 from the Wastewater Fund. SUMMARY: This proposed supply agreement will supply the Corpus Christi Water (CCW) Department with non-shear flexible couplings in order to continue to perform daily operations on new and existing projects. These operations include repairing existing utility lines, pipe repairs, and other construction projects. BACKGROUND AND FINDINGS: The proposed supply agreement will supply CCW with non-shear flexible couplings that will be used for splicing and repairing existing utility lines, pipe repairs, and other construction projects. The non-shear flexible couplings are used for joining various combinations of vitrified clay sewer pipe and/or schedule 40 PVC pipe in underground drainage and sewer pipe systems. As part of the proposed supply agreement, CCW will order the non-shear flexible couplings from F and D Supply every one to two months, depending on stock levels. CCW work crews install the non-shear flexible couplings on CCW drainage and pipe systems. CCW work crews use approximately 2,500 non-shear flexible couplings per year maintaining its drainage and sewer pipe systems. Specifically, CCW maintains 1,268 miles of wastewater pipeline, 1,381 miles of wastewater service lines, and 93,000 wastewater connections. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process and received four responsible responses. They are recommending the award to the lowest responsive, responsible bidder, F and D Supply. The current supply agreement with the incumbent, Hajoca Corporation dba Moore Supply, expired on January 31, 2023. It was a one-year service agreement with two one-year options. In moving to the proposed supply agreement with F and D Supply, the City will realize a 46% cost savings as compared to the incumbent, Hajoca Corporation dba Moore Supply. ALTERNATIVES: The alternative is not to enter into the proposed agreement, but this would require separate procurements on an as-needed basis. This would result in an increased time delay due to the procurement process, costing the City more and negatively impacting timelines and operations. FISCAL IMPACT: The fiscal impact for Corpus Christi Water, Wastewater Fund, during FY 2024 is $76,780.93. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33400 Wastewater Collection System Department: 46 Wastewater Project # (CIP Only): N/A Account: 520160 Pipe, fittings, drainage Amount: $76,780.93 RECOMMENDATION: Staff recommends approval of this motion for a supply agreement with F and D Supply, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA CUs G� > SUPPLY AGREEMENT NO. 5220 U Non-Shear Flexible Couplings fhaaaoRp 1852 THIS Non-Shear Flexible Couplings Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and F and D Supply LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Non-Shear Flexible Couplings in response to Request for Bid No. 5220 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Non-Shear Flexible Couplings in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $76,780.93, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Robert Presnell Department: CCW Phone: (361 ) 826-1750 Email: RobertPr@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA 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: Robert Presnell Title: Stores Supervisor Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 Fax: N/A IF TO CONTRACTOR: F and D Supply LLC Attn: Patricia Kowalczyk Title: Owner Address: 3650 South Pointe Circle #205-14, Laughlin, Nevada 89028 Phone: 951-456-1173 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA CONTRACTOR D S'g d by: Signature. I YatVi6eL aWaI"L 1� Printed Name: Patricia Kowalczyk Title: owner Date: 10/16/2023 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 5220 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide non-shear flexible couplings for the Corpus Christi Water (CCW) Warehouse as outlined in this Scope of Work. The non-shear flexible couplings are used by the Water and Wastewater divisions of CCW to splice and repair existing utility lines, pipe repair and new construction projects located throughout the City. Scope of Work A. The Contractor shall provide Non-Shear Flexible Couplings. This specification covers various couplings used by the City. B. Applicable Specifications: ANSI/NSF 61, ASTM A536, ASTM A325, ASTM A563 or AWWA C1 11 , ASTM A307, stainless steel series 300, ASTM C564, ASTM A167, ASTM C1 173, ASTM A240, ASTM C425. Certification of compliance with ANSI/NSF is not required for wastewater couplings. C. Functional and Performance Requirements: Non-Shear Flexible Couplings - Wastewater Systems (Mission Rubber Co. MR-ARC or Fernco 5000 RC Series) Couplings are for joining various combinations of vitrified clay sewer pipe and/or schedule 40 PVC pipe in underground drainage and sewer piping systems. Couplings shall meet the requirements of ASTM C1173-91 , Type A. Couplings to have shear ring and center stop. Tension bands and exterior shear rings shall be constructed of 300 series stainless steel and conform to ASTM A240. Couplings designed for different sized pipe joints (e.g., clay x pvc) shall be of concentric, single piece (exclusive of shear ring and tension bands) construction. They shall not use separate, loose, inserts (bushings) to size the small diameter end. D. Bid form references specific model numbers. These model numbers are referenced for comparable purposes only. The bidder needs to submit manufacturer/brand request for approval through Request for Clarification process. Delivery 1 . The Contractor shall ship the materials in a specified time frame coordinated with the Stores Supervisor: Attn: Robert Presnell 2726 Holly Road Corpus Christi, Texas 78415 Page 1 of 2 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform will not be accepted by the city. 4. The Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. The contractor must arrange for the return shipment of damaged products. 5. The Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the set time frame. 6. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 7. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. Page 2 of 2 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA S C� o �a CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT o BID FORM NOORPORp11 1852 RFB No. 5220 Non-Shear Flexible Couplings PAGE 1 OF 2 Date: 09/19/2023 Authorized Bidder: F n D Supply LLC 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. MODEL NUMBER REFERENCED ON DESCRIPTION IS USED FOR COMPARABLE PURPOSES ONLY; MUST FILL OUT ONE COLUMN FOR EITHER MODEL# UNIT PRICE OR EQUAL UNIT PRICE (SUBS). Model# Equal Unit Total Item Description Unit Qty. Unit Price Price Price 3 Cl PVC x 3 CI PVC Coup RC, Model 1 # F105633 RC orequivalent EA 27 MR56 33 ARC $12.24 $330.48 4 Clay x 3 CI PVC COUP RC, Model # 2 F500243RC or equivalent EA 12 MR0243ARC $23.95 $287.40 4 CI PVC x 4 CI PVC Coup RC, Model 3 # F505644RC or equivalent EA 865 MR56 44 ARC $15.08 $13,044.20 4 Clay x 4 S40 PVC Coup RC Model 4 #F500244RC or equivalent EA 953 MR02 44 ARC $22.09 $21,051.77 6 Clay x 6 S40 PVC Coup RC, Model 5 #F500266RC or equivalent EA 384 MR0266ARC $37.46 $14,384.64 6 Clay x 6 Clay Coup RC, Model # 6 F500166RC or equivalent EA 2 MR01 66 ARC $28.70 $57.40 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA PAGE 2 OF 2 Model# Equal Unit Total Item Description Unit Qty. Unit Price Price Price 6 Cl PVC x 6 PVC Coup RC, Model 7 #F505666RC or equivalent EA 176 MR5666ARC $28.70 $5,051.20 8 Cl PVC x 8 Cl PVC COUP RC, Model 8 #F505688RC or equivalent EA 136 MR56 88 ARC $42.61 $5,794.96 8 Clay x 8 Clay Coup RC, Model# 9 F500188RC or equivalent EA 2 MR01 88 ARC $42.61 $85.22 8 Clay x 8 Cl PVCnModel 10 #F500288RC or equivalent EA 238 MR02 88 ARC $42.61 $10,141.18 10 Cl PVC x 10 Cl PVC Coup RC, Model# F5056101ORC or equivalent EA 12 MR561010ARC $55.43 $665.16 11 10 Clay x 10 Cl PVC Coup RC, Model 12 #F50021010RC or equivalent EA 24 MR021010AR $55.43 $1,330.32 15 Clay x 15 Cl PVC Coup RC, Model 13 #F50021515RC or equivalent EA 12 MR021515AR D $128.11 $1,537.32 15 Cl PVC x 15 CI PVC Coup RC, 14 Model#F50561515RC orequivalent EA 12 AR561515AR $115.94 $1,391.28 12 Clay x 12 Cl PVC Coup RC, Model 15 #F50021212RC or equivalent EA 12 MR02 1212 AR $67.85 $814.20 12 Cl PVC X 12 PVC Coup RC, Model 16 #F50561212RC or equivalent EA 12R561212AR $67.85 $814.20 Total $76,780.93 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA ATTACHMENT C: NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts - Supply Agreements - Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. 2023 Insurance Requirements Ins. Req. Exhibit 1-A Purchase Contracts - Supply Agreements - Equipment Leases Goods or Equipment Delivered to City Other Than Hazardous Chemicals O1/01 /2023 Risk Management - Legal Dept. Page 1 of 1 DocuSign Envelope ID:C5739948-3325-4F6A-A708-E6C29CD6BFCA ATTACHMENT D: WARRANTY REQUIREMENTS Material shall be free from defects. Page 1 of 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Assistant Director of Contracts & Procurement Josh C2(a)cctexas.com (361) 826-3169 Third Amendment to Recycling Service Agreement CAPTION: Motion authorizing execution of the third amendment extending the Recycling Services Agreement with BFI Waste Services of Texas, L.P, doing business as Republic Services of Corpus Christi, for a three-year term beginning February 1 , 2024, through January 31 , 2027, with two one-year options, and increasing the processing fee 5% from the current $126 per ton to the new $132.30 per ton, with such percentage increase to continue annually. SUMMARY: This motion authorizes a contract amendment to extend the recycling service agreement with Republic Services, to perform the processing, marketing, and the sale of recyclable commodities received by the city. BACKGROUND AND FINDINGS: Following a Request for Proposal (RFP) process, the City Council approved the three-year recycling services agreement with the Contractor on January 21 , 2021 with the effective date of February 1 , 2021. This three-year agreement will expire January 31 , 2024 and staff recommends extending it for another three years. Republic Services was the only firm to submit a proposal for recycling services. The new cost to process recyclable material will be $132.30 per ton. For context the cost to process unrecyclable material is approximately $40 per ton. ALTERNATIVES: Alternatives include discontinuing recycling collections, the City operating its own processing and materials marketing program, additional efforts to identify private sector partners, or a combination of these actions. FISCAL IMPACT: The total estimated expense for eight months at the new rate is $1 ,190,700, an increase of $56,700 in FY 2024. The FY 2024 Fiscal impact will be $1 ,757,700. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12512 Recycling Collection Department: 31 Solid Waste Services Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of the proposed amendment. LIST OF SUPPORTING DOCUMENTS: Amendment THIRD AMENDMENT TO RECYCLING SERVICES AGREEMENT This Third Amendment to the Recycling Services Agreement (this "Third Amendment") is effective as of February 1. 2024, between the City of Corpus Christi, Texas (the "City"), and BFI Waste Services of Texas, L.P., a Delaware limited partnership, doing business as Republic Services ofCorpusChristi ("Contractor"). Recitals A. The City and Contractor entered into the Recycling Services Agreement dated January 27, 2021, as amended (collectively, the "Agreement'), whereby Contractor agreed to provide certain recycling processing services to the City. B. The City and Contractor now desire to amend certain provisions of the Agreement as more fully set forth below. Agreement NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which the parties acknowledge, the parties agree to the following terms and conditions: 1. Section 2 -Terni. Sections 2(A) and (B) are deleted in their entireties and replaced to read as follows: "(A)The pi-o\ o1'5cr\ices under this Agreement commences February 1. 2021 ("CommenccnnL:nt I);rte"1 ',in(] ends January 31, 2024 (the period being referred to as the "Initial "(13) Following the Initial Terri. this Agreement is extended for three(3)more years effective February 1,2024, thrnu1111 January 31, 2027. At the end of this new term, the Agreement will automatically extend for two (2) additional one (1) year terms unless either party wishes to cancel in writing not less than six months prior to the expiration date of any term (including the new three-year term). Notices and process must be followed according to the points of contact listed in this Agreement." 2. Fee: Calculation and Payment Due. (a) Section 3(A) of the Agreement,as modified by the First Amendment dated March 1, 2021, is deleted in its entirety and replaced to read as follows: "(A) Processing Fee. The City will pay the Contractor a processing fee of$132.30 per ton for each ton of Program Recyclables processed by the Contractor ("Processing Fee") at the Designated Facility, beginning February 1, 2024. Each year thereafter, the Processing Fee will be 'increased by 5.0% on February 151. The Processing Fee will not be paid for any material hauled by the Contractor to the City's landfill or disposed of elsewhere prior to processing. This Agreement also includes a revenue-sharing arrangement ("Recyclable Revenue Share"), meaning the parties agree to split the Gross Recyclable Revenues received from Contractor's sale of Program Recyclables to third parties with the City receiving 55% of the Gross Recyclable Revenues." 1 3. Exhibit B. Exhibit B to the Agreement is amended as follows: (a) The following is added to the end of the first sentence of Section I(B): "(i.e., an insurance company rated A-VII, or higher,by A.M. Best)." (b) The following is added to the end of the First sentence of Section II(A): "or via another statc-approved program." (c) In the first sentence of Section II(C), the words "the requested" are deleted and replaced with "any material". (d) In the first sentence of Section II(D). the wards"via blanket-form endorsement"are inserted between "endorsed" and "to contain". (e) In the third bullet point of Section 1I(D). the word "suspension" is deleted. (f) In the first sentence of Section II(E). the word"suspension" is deleted. 4. (--iJ li.cd TcrmS. Capitalized terms used but not otherwise defined in this Third Amendment shall have the meanings assigned to them in the Agreement. 5. Continuip Effect. Except as expressly modified or amended by this Third Amendment,all terms and provisions of the Agreement shall remain in full force and effect. In the case of a conflict in meaning between the Agreement and this Third Amendment, this Third Amendment shall prevail. 6. Conntcrnaris,This Third Amendment may be executed in one or more counterparts, each of which shall he decmed an original and all of which combined shall constitute one and the same instrument. Facsimile and/or electronic copies of the parties' signatures shall be valid and treated the same as original signatures. IN WITNESS WIIEREOF, the parties have entered into this Third Amendment to be effective as of the date stated in the first paragraph. CONTRACTOR: CITY: BFI WASTE SERVICES OF TEXAS, LP CITY OF CORPUS CHRISTI, TEXAS BY: ALLIED WASTE LANDFILL HOLDINGS, INC., ITS GENERAL PARTMNER By: Lk By: Name: rr Name. Title: rt 4 CtV- Title: Date: I t 1 5 ') v 7- 3 Date: 2 so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 28, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ErnestoD2(a)cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award Comanche (Alameda to Carancahua) (Bond 2020, Proposition A) CAPTION: Resolution awarding a construction contract to A. Ortiz Construction & Paving, Inc. of Corpus Christi for the reconstruction of Comanche Street from Alameda Street to Carancahua Street with new asphalt pavement, curb and gutters, sidewalks, installation of ADA compliant curb ramps, signage, pavement markings, street lighting, and utility improvements in the amount of $4,100,818.14, located in Council District 1 with FY 2024 funding available from the Bond 2020, Storm Water, Wastewater, Water, and Gas Capital Funds. SUMMARY: This motion awards a construction contract to A. Ortiz Construction & Paving, Inc. for the construction of Comanche Street from Alameda Street to Carancahua Street with new asphalt pavement, curb and gutters, sidewalks, installation of ADA compliant curb ramps, signage, pavement markings, street lighting and utility improvements. BACKGROUND AND FINDINGS: Comanche Street from Alameda Street to Carancahua Street is classified as a Collector (C-1) on the Urban Transportation Plan (UTP) and is 0.40 miles in length. The project scope includes construction of two-lane street with on street parking in each direction, curb and gutters, sidewalks, installation of ADA compliant curb ramps, signage, pavement markings, street lighting and utility improvements. PROJECT TIMELINE: 2021-2023 2023 2023-2025 Aug - Jan Feb - Nov December - January Design Bid/Award Construction Project schedule reflects City Council award in November 2023, with anticipated construction completion by January 2025. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Re-Bid on August 28, 2023, for the proposed Comanche construction project. The solicitation contained Base Bid for asphalt pavement only. On September 27, 2023, the City received six bids for HMAC Pavement. City analyzed the submitted bids in accordance with contract documents and determined A. Ortiz Construction & Paving, Inc. was the lowest responsive and responsible bidder. A summary of the bids is provided below. Bidder Base Bid (HMAC) 1 A. Ortiz Construction & Paving, Inc. $4,100,818.14 2 Gerke Excavation $4,267,150.35 3 Grace Paving and Construction, Inc. $4,621,470.34 4 Mako Contracting $4,727,992.45 5 Clark Pipeline Services, LLC $4,755,096.56 6 Reytec Construction $4,811,606.00 Engineer's Opinion of Probable Construction Cost $4,929,964.00 A. Ortiz Construction & Paving, Inc. has successfully completed several street projects with the City of Corpus Christi. Some of the recently completed projects include Residential Street Rebuild (18164A — Part C, E17019), Residential Street Reconstruction (18101A), Lifecycle Curb and Gutter (19012A), Commodores Drive at Park Road 22 Left Turn Lane Improvements, Accessible Routes in CDBG Residential Areas (E13130/E13131), and IDIQ Minor Street Improvements (E17048, E16252/E16253). ALTERNATIVES: City Council could choose not to award the contract to A. Ortiz Construction & Paving, Inc. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The fiscal impact for FY 2024 is an amount of$4,100,818.14 with funding available from the Bond 2020 Proposition A, Storm Water, Water, Wastewater, and Gas Capital Funds. The shortfall in the funding is being transferred from the Bond 2020 Prop A reserve funds. The Capital Improvement Program (CIP) shows that the project is planned for FY 2024 and the project is ready to be implemented. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2024. The project is ready to be implemented. Fund: Street—ST2021 Bd20 A (Fund 3558) Mission Elem: Street Pavement Maintenance (ME 33) Project No.: 21045 - Comanche (Alameda to Carancahua) Account: Construction (550910) Activity: 21045-3558-EXP Amount: $2,197,470.67 Fund: Storm Water- StrmWtr 2023 CIP (Fund 4534) Mission Elem: Drainage Infrastructure (ME 47) Project No.: 21045 - Comanche (Alameda to Carancahua) Account: Construction (550910) Activity: 21045-4534-EXP Amount: $1,281,454.80 Fund: Wastewater-WW 2022 CIP (Fund 4258) Mission Elem: Wastewater Collection System (ME 46) Project No.: 21045 - Comanche (Alameda to Carancahua) Account: Construction (550910) Activity: 21045-4258-EXP Amount: $73,624.61 Fund: Water- Water 2023 CIP (Fund 4487) Mission Elem: Distribute Water (ME 45) Project No.: 21045 - Comanche (Alameda to Carancahua) Account: Construction (550910) Activity: 21045-4487-EXP Amount: $470,147.30 Fund: Gas —Gas 2023 CIP (Fund 4562) Mission Elem: Distribute Water (ME 11) Project No.: 21045 - Comanche (Alameda to Carancahua) Account: Construction (550910) Activity: 21045-4562-EXP Amount: $78,120.76 Overall Total $4,100,818.14 RECOMMENDATION: Staff recommends awarding construction contract to A. Ortiz Construction & Paving, Inc. for the construction of Comanche from Alameda to Carancahua in the amount of $4,100,818.14 with asphalt pavement, with construction duration planned for ten months from issuance of the Notice to Proceed, starting in December 2023, and completed by January 2025. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation Resolution awarding a construction contract to A. Ortiz Construction & Paving, Inc. of Corpus Christi for the reconstruction of Comanche Street from Alameda Street to Carancahua Street with new asphalt pavement, curb and gutters, sidewalks, installation of ADA compliant curb ramps, signage, pavement markings, street lighting, and utility improvements in the amount of $4,100,818.14, located in Council District 1 with FY 2024 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, Water, and Gas Capital Funds. 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 a construction contract with A. Ortiz Construction & Paving, Inc. for reconstruction of Comanche Street from Alameda Street to Carancahua Street in the amount of $4,100,818.14. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Evan Rantlolph DESIGN ENGINEER:Hansen Prdessional Services,Inc. BID DATE:Wetlnestly,September 27,2023 avmg, Grace Pavirq Antl Conutuc8an, RFB 518fi Inc.on Gerke Exceeding Inc Mako Canbac8rq Clark Pipeline Services,LLC Reylec CansWdion PROJECT NO.21045.-Comanche St(Caranwhua St to Alametla St) 102 Airport Rd 15341 State Hgh.W 131 423]Baltlwin BNtl. 3636 S.Alametln S.B153 6229 Leopartl S. 1901 Hdlister S. BASE BIO Carpu s Christi,Tx,18405 Twnah,Wi,54660 Corpus Christi,Tx,18405 Corpus Christi,Tx,18405 Corpus Christi,Tx,18409 Houston,Tx 11080 ITEM DESCRIPTION UNIT 11W UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT PmtA-GENERAL Al MOBUZATION IMAX 5%PARTA) LS 1 $ I 862.]1 $ I 862.]1 $ 9,58151 $ 958151 $ 911038 $ 911038 1 10000.00 1 10000.00 1 1541621 $ 1641621 $ 12000.00 1 12000.00 A2 BONDS AND INSURANCE AL 1 $ 83,0W.41 $ 83,OW.41 $ 48,01661 $ 48,01661 $ 8400000 $ 8400000 $ 56,40000 $ 56,40000 $ 12,00000 $ 12,000.00 $ 15,000.00 $ 15,000.00 STORMWATER POLLUTION PREVENTION PLAN(SWPPP)(PER STREET SEGMENT A3 EXCLUDING SLT FENCE AND INLET PROTECTION) LS 1 $ 4,00000 $ 4,000.00 $ 111,86500 $ 111,86500 $ 12,150.00 $ 12,150.00 $ 1400000 $ 1400000 $ 18,450.00 $ 18,450.00 $ 1600000 $ 1600000 A4 SILT PENCE(FOR SWPPP) LF 3.124 $ 5.00 $ 15,620.00 $ 369 $ 11,521.56 $ 302 $ 9,43448 $ 500 $ 15,62000 $ 738 $ 23,05512 $ 450 $ 14,058.00 A5 INLET PROTECTION(FOR SWPPP) EA 32 $ 200.00 $ fi400.00 $ 122.32 $ 391424 $ 9492 $ 303144 $ 100.00 $ 320000 $ 492.00 $ 15]44.00 $ 105.00 $ 336200 A6 OZONE ACTI ON DAYS DAY 4 $ 1.00 $ 4.00 $ 1.15 $ 460 $ 8438 $ 33].52 $ 160 $ 400 $ 184.50 $ 138.00 $ 400.00 $ 160000 A] TRAFR C CONTROL(PLAN PREPARATI ON) EA 1 $ 20,]00.00 $ 20,]00.00 $ 190000 ,8 $ 19,800.00 $ 24,300.00 $ 24,300.00 $ 24400.00 $ 24400.00 $ 22,140.00 $ 22,140.00 $ 24000.00 $ 24000.00 AS TRAFRG IF(MOBILIZATION,IMPLEMENTATION,ANDADJUSTMENTS) EA 1 $ 9,]]500 $ 9,]]5.00 $ 9,35000 $ 9,35000 $ 11,4]500 $ 11,4]500 $ 10,85748 $ 16851.48 $ 10,45500 $ 10,45500 $ 9,00000 $ 9,00000 A9 TRAFR C CONTROL FLAN ITEMS(BARREISSIGNS,TEMP PAI MARIONGS,ETC_) MO 12 $ 1,60000 8 19,200.00 $ 1,45750 $ 11,490.00 $ 1,18815 $ 21,46500 $ 1,10000 $ 26400.00 $ 2,85915 $ 34,31700 $ 16000.00 $ 120,00000 710 PORTAll—HANGEABLE MESSAGE SIGN EA 4 $ 21,2]5.00 $ 85,100.00 $ 24350.00 $ 81,400.00 $ 24,9]500 $ 99,900.00 $ 23,630.98 $ 94,5231 $ 22,]5500 $ 91,02000 $ 2421Ll $ 84000.00 A11 STORM);I STRUCTURE PROTECTION EA 11 $ 200.00 8 3,400.00 $ 586.89 $ 9,91713 $ 12309 $ 2,09253 $ 100.00 $ 110000 $ 682.65 $ 11,60505 $ 10500 $ 1,]8500 Al2 AL 1 $ 10,000.00 8 10,000.00 $ 1400000 $ 1400000 $ 1400000 $ 1400000 $ 1400000 $ 1400000 $ 1400000 $ 14000.00 $ 14000.00 $ 14000.00 SUBTOTAL PARTA-GENERAL litems Al thru Alt) f 2]0,118TA $ 338,92611 $ 203,90235 $ 253,10540 $ 325,000.38 $ 38,,1111300 PartB-STREETIMPROVEMENTS Bi MOBUZATION(MAX 5%PARTE) LS 1 $ ]2861.6) $ 72S61.6) $ 64,80263 $ 64,802.63 $ 81,44320 $ 81,44320 $ 15,000.00 $ 15,000.00 $ 88,61890 $ 88,61890 $ 95,00000 $ 95,00000 REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT(1 5-4 B2 INCH) SY 9,146 $ 3.00 $ 27,438.00 $ 619 $ 5661314 $ 625 $ 51,162.50 $ 650 $ 59,44900 $ 923 $ 84,41758 $ 400 $ 36584.00 B3 4INCH HMAC(TYRE D)(INCLUDES TACK COAT) SY 9,419 $ 55.00 $ 518,06500 $ 5489 $ 517,00891 $ 4341 $ 408,8]8]9 $ 6325 $ 59515175 $ 4305 $ 405,48795 $ 1200 $ 678,16800 B4 11 I NCH CRU SHED D MESTONE BASE(TY RE A,GRADE I-2)(11SY 11,236 $ 4000 $ 516,85800 $ 3890 $ 43],08040 $ 4635 $ 52018860 $ 3850 $ 432,586.00 $ 3936 $ 442,24896 $ 4500 $ 505,62000 B5 B I NCH DME STABILIZED SUBGRADE(6112%) SY 11,236 $ 1000 $ 119]1800 $ 1463 $ 16438268 $ 2019 $ 22685484 $ 1700 $ 141,01200 $ 1753 $ 19696708 $ 3100 $ 34831600 B6 PAVEMENT REPAIR SY 165 $ 75.00 $ 123]5.00 $ 15789 $ 26051&5 $ 9513 $ 1519545 $ 148.48 $ 24,49920 $ 25215 $ 41,60415 $ 165.00 $ 21,22500 B1 RECONSTRUCTION-STREETEXCAVATION SY 9,361 $ 800 $ 74,936.00 $ 1442 $ 135,07214 $ 1691 $ 158,95799 $ 1300 $ 121,TT100 $ 2214 $ 207,38538 $ 1300 $ 121,TT100 BB CONCRETE DRIVEWAY DEMOUTI ON SF 5,062 $ 4.00 $ 2624880 $ 182 $ 9,21284 $ 784 $ 39,68608 $ 500 $ 25,31000 $ 1025 $ 51,88550 $ 500 $ 25,31000 B9 6I INCH CONCRETE DRIVEWAY SF 5,566 $ 920 $ 50096.00 $ 1667 $ 92]85.22 $ 1490 $ 82933.40 $ 1000 $ 55fifi0.00 $ 1661 $ 9245126 $ 1400 $ 11924.00 B10 REMOVAL OF EXISTING SGNAGE ANDASSEMBLI ES EA 28 $ 5000 $ 1,400.00 $ 82.50 $ 2,31000 $ 10125 $ 2,83500 $ 8850 $ 2,47800 $ 9225 $ 2,58300 $ 8000 $ 224000 B11 PROPOSED S GN AND SIGN ASSEMBLIES(TRIANGULAR SLIPBASE) EA 44 $ 1,00.00 $ 44,000.00 $ 97350 $ 42,83400 $ 1,35818 $ 5915992 $ 1,04430 $ 45,94.920 $ 1,08855 $ 4],89620 $ 9]000 $ 42,680.00 B12 SOLD NG,CLEARING AND GRADING SY 551 $ 1500 $ 8,355.00 $ 1851 $ 1634349 $ 4856 $ 21,04792 $ 1700 $ 9,46900 $ 2829 $ 1515753 $ 1400 $ 119800 B13 REEL PAVEMENT MARIONG TY I(Y)(4')(DOUBLE) LF 1,441 $ 2.30 $ 331430 $ 220 $ 311020 $ 210 $ 389010 $ 232 $ 334312 $ 246 $ 354486 $ 220 $ 311020 B14 PREFAB PAV MRK TY G(W)(4')(SUP) LF 216 $ 5.15 $ 1,24200 $ 550 $ 1,18800 $ 615 $ 1,45800 $ 580 $ 1,25280 $ 615 $ 1,32840 $ 540 $ 1,16340 B15 PREFAB PREFORMED THERMOPIASTIC(W)(24")(SID)(125 MIL) LF 1,017 $ 16.10 $ 16,3]3.111 $ 1540 $ 16661 eo $ 1890 $ 1622130 $ 1624 $ 1651608 $ 1722 $ 11,51214 $ 1500 $ 15,25500 B16 REFL PAV MRKR TY II-A-A EA 40 $ 11.50 $ 4W80 $ 1100 $ 440.00 $ 1350 $ 540.00 $ 1160 $ 464.00 $ 12.30 $ 492.00 $ 1100 $ 440.00 B17 REFL PAY MRKRTY I-B-B EA 1 $ 23.00 $ 16180 $ 2200 $ 154.00 $ 2314 $ 161.98 $ 2320 $ 162.40 $ 2460 $ In 20 $ 2200 $ 154.00 B18 PARIONG METER COUPLING(NEW) EA 8 $ 500.00 $ 4,00000 $ 81698 $ 6,53584 $ 1,09688 $ 8,77504 $ 2,50000 $ 26000.00 $ 3,01500 $ 24,600.00 $ 2,10000 $ 1680009 B19 PARIONG METER(REMOVE AND SALVAGE) EA 10 $ 3W.W $ 3,50000 $ 4n GO $ 412090 $ 29700 $ 2,91000 $ 500.00 $ 5,00000 $ 1,23000 $ 12,300.00 $ 54000 $ 5,40000 FURNISH AND INSTALL SCHOOL ZONE FLASHER BEACON ASSEMBLY(SOLAR POWERED)WI 6LF DRILLED SHAFT FOUNDATION LL N AND 5 YEARS CELLULAR LAR AND SUPPORT PACKAGE, GLANCE SOFTWARE AND B20 CONRGURATION EA 2 $ 12000.00 1$ 24,000.00 $ 9,02000 $ 16040.00 $ 13,500.00 $ 21000.00 $ 14150 W $ 2650080 $ 1608600 $ 241 T200 $ 900000 $ 16000.00 B21 RETAINING WALL LF i6) 8 19.50 $ 3,12000 $ 41042 $ 15,26]20 $ 21518 $ 34,52480 $ 500.00 $ 8600000 $ 32155 $ 51,49600 $ 13000 $ 26800.00 NOV DEMOLITION OF EXISITING RETAINING WALL LF 221 8 5.00 $ 1,135.00 $ U12 $ 1,84324 $ 2052 $ 4,65804 $ 2500 $ 5,61500 $ 3690 $ 631630 $ 2000 $ 4,54000 B23 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 8 25000.00 8 25000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25000.00 $ 25000.00 $ 25000.00 $ 25,000.00 B24 AL 1 $ 20,000.00 8 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 26000.00 $ 26000.00 $ 20,000.00 $ 26000.00 $ 20,000.00 SUBTOTAL PARTB-STREETIMPROVEMENTS IItems Bithru B24) $1,628,690.W $1]30,519.08 $1836,343.55 518 — $ 1852,358.59 $2,099,35160 Part C-ADA IMPROVEMENTS G1 30 30 MO BIDZA7 ON(MAX 5%PART C) LS 1 8 15295 , . $ 15,295. $ 15,862.08 $ 15,862.08 $ 18,89215 $ 18,892 11 15 $ ,000.00 $ 11000.00 $ 22,15728 $ 22,15728 $ 15000.00 $ 15000.00 C2 4INCHCONCR(ESDEWALK SF 11312 8 180 $ ]9184.00 $ 842 $ 9524].01 $ 990 $ 11198880 $ 950 $ 10]464.00 $ 1308 $ 14]960.96 $ 1120 1 12443200 G3 SIDEWALK DEMOLITION SF 16491 $ 3.00 $ 58,48280 1$ 180 $ 3508920 1 12 $ 6682128 1$ 300 I$ 5648200 1 338 $ 65,889_]2 I$ 110 $ 21,44340 C4 CONCRETE CURB RAMP SF 1 4,310 8 2200 1 98,140.00 $ 2200 $ 96140.00 $ 2909 $ 121,12330 $ 2800 $ 122,36000 $ 2665 $ 11646050 $ 2600 $ 113,62000 C5 SIDEWALKRETANING CURB LF 145 $ 2000 $ 290000 $ 3614 $ 5,32730 $ 3924 $ 5,68980 $ 5000 $ 1,25000 $ 1585 $ 1699825 1$ 77001$ 11,16500 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Evan Rantlolph DESIGN ENGINEER:Hansen Prdessiorul Services,Inc. BID DATE:Wetlnestly,September 27,2023 avm9, Grace Pavirq Antl ConutucOan, RFB 518fi Gerke Excevdin9 Inc Mako CanbacOrq Clark Pipeline Services,LLC Reylec CansWdion PROJECTNO.21O45antl Comanche St(Caranwh.SI to Alametla St) 102 A RWI Rd 15341 State Hgh.W 131 4237 Baltlwin BNtl. 3636S Alametla SI.B153 6229 Leopartl SI. 1901 Hdlisier SI. BASESID Corpus Christi,Tx,78405 Twnah,Wi,54660 Cor pus(hristi,Tx,78405 Corpus Ch I'M,TX 78405 Corpus Christi,Tx,78409 Houston,Tx 77080 ITEM DESCRIPTION UNIT DTY UNITPRICE AMOUNT UNITPRICE I AMOUNTUNIT PRICE AMOUNT UNIT PRICE AMOUNT UNITPRICE AMOUNT UNIT PRICE AMOUNT G6 DEMOLITION OF EXSITING SIDEWALK RETAINING CURB LF 145 8 8.00 $ 1,160.00 $ 638 $ 92510 $ 1536 $ 2,22]20 $ 1000 $ 1,45000 $ 2460 $ "56700 $ 2000 $ 2,90000 C7 CONCRETE RI PRAP(41 N) CV 12 $ 295.00 $ 3,540.00 $ 29575 $ 3,54900 $ 61009 $ 7,32108 $ BOB $ 7,20000 $ 1,08855 $ 13,06200 $ 2]000 $ 3,24000 CB DEMOLITION OFCONCRETE RIPRAP SV 90 $ 5000 $ 4500.00 $ 4098 $ 368820 $ 3660 $ 329400 $ 4500 $ 405000 $ 7380 $ 664200 $ 2400 $ 21fi0.00 C9 41NCH SHARED USE PATH SF 5,500 8 1000 $ 55,000.00 $ 1435 $ 78,925.00 $ 990 $ 54,450.00 $ 1200 $ 66,000.00 $ 1554 $ 85,470.00 $ 1100 $ 68,500.00 C1O AL 1 $ 5,00000 $ 5,000.00 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,000.00 $ 5,00000 $ 5,000.00 $ 5,00000 $ 5,000.00 SUBTOTAL PARTC-ADA IMPROVEMENTS litems Cl M.CIO) $ 321,2O1J0 $ 339,75292 $ 396,80761 $ 396,256.00 1 $ 47],80831 1 $ 359,460.40 Part D-DRAINAGE IMPROVEMENTS D1 MOBIJ ZAT ON(MAX 5%PART D) LS 1 $ 55533.45 $ 55533.45 $ 54000.00 $ 54000.00 $ 65502.91 1 65502.91 $ 55000.00 $ 55000.00 $ 7012332 $ 7012332 $ 50000.00 $ 50000.00 DEMOLITON OF EXSTNG INLET(0-8 FEET DEEP)(INCLUDES CAPAND GROUT OF D2 EX SITNG LINES) EA 21 $ 2,]5000 $ 5],]50.00 $ 1,35534 $ 28,46214 $ 1,92857 $ 44499.97 $ 2,87500 $ 6437500 $ 1,84500 $ 3"74500 $ 340.00 $ 7,14000 D3 DEMOIJT ON OF EXI STNGMMHOLE(0-BFEETDEEP) EA 9 $ 3,75000 $ 33,750.00 $ 1,27325 $ 11,45925 $ 2,40000 $ 21,600.00 $ 2,87500 $ 2587500 $ 1,53750 $ 13,83750 $ 1,20000 $ 10,80000 D4 MANHOLE ADJUSTMENT EA 1 $ 200000 $ 200000 $ 1882.53 $ 1882.53 $ 273375 $ 273375 $ 287500 $ 287500 $ 3105]5 $ 310575 $ 210000 $ 210000 D5 REMOVALOFRI]NFORCEDCONCRETERPEF2-181NCH) LF 1,447 $ 3000 $ 43,41000 $ 633 $ 9,15951 $ 2923 $ 42,29581 $ 2875 $ 41,60125 $ 7175 $ 103,82225 $ 1000 $ 14,47000 D6 REMOVAL OF RE NFORCED CONCRETE R RE(24 81 NCH) LF 411 $ 4000 $ 16,440.00 $ 4460 $ 18,330BO $ 5568 $ 22,884.48 $ 4025 $ 16,54275 $ 14350 $ 58,P78 50 $ 2200 $ 9,04200 D7 STORM MANHOLE 0 FEET DEEP EA 7 $ 5,75000 $ 40,250.00 $ 4,45349 $ 31,17443 $ 11,22544 $ 78,57808 $ 1552500 $ 108,67500 $ 13,65300 $ 9557100 $ 7,80000 $ 54,600.00 D8 STORM MANHOLE 6-1O FEET DEEP EA 1 $ 6,750.00 $ 6,750.00 $ 560536 $ 560536 $ 15795.00 $ 15795.00 $ 20125.00 1 20125.00 $ 26445.00 $ 26445.00 $ 880000 $ 880000 D9 STORM MANHOLE 11-15FEET DEEP EA 1 $ 15,000.00 $ 15,000.00 $ 12,87434 $ 12,87434 $ 23,962.50 $ 23,962.50 $ 28,750.00 $ 28,750.00 $ 27,18300 $ 27,18300 $ 24,000.00 $ 24,000.00 D1O STORM MANHOLESPECIALEA 3 $ 22000.00 8 600M.00 $ 18,118.13 $ 54,35439 $ 24748.90 $ 80,246.70 $ 31,62500 $ 94,87500 $ 14,14500 $ 42,43500 $ 32,00000 $ 9400000 D11 181NCH RO NFORCED CONCRETE R RE(Ct SS 111) LF 478 $ 150.00 $ ]1,]00.00 $ 157.34 $ 75208.52 $ 14346 $ 92,47388 $ 184 52 06 .00 $ 87,900 $ 21771 $ 104, 538 $ 185.00 $ 88,430.00 D12 181NCH RO NFORCED CONCRETE R RE(Ct SS An LF 324 $ ifi2.00 $ 5 488.00 $ 165.93 $ 5376132 $ 195.83 $ 63448.92 $ 198.95 $ 64459.80 $ 226.34 $ 73334.16 $ 190.00 $ 6156000 D13 241NCH RONFORCED CONCRETE RPE(CIASS 111) LF 1,302 $ 150.00 1 208,32000 $ 17847 $ 232,36794 $ 18560 $ 241,65120 $ 17825 $ 232,08150 $ 21803 $ 283,87506 $ 2]200 $ 354,14400 D14 481 NCH RO NFORCED CONCRETE R RE(Ct SS 111) LF 28 $ 375.00 $ 16,500.00 $ 50018 $ 14,00501 $ 52554 $ 14,71512 $ 69000 $ 1432000 $ 37648 $ 18,54141 $ 630.00 $ 17,640.00 D15 5'x3RO NFORCED BOX CULVERT LF 141 $ 750.00 $ 105,75000 $ 748.91 $ 105,59631 $ 949.79 $ 133,92039 $ 1,09250 $ 154,01250 $ 7WQ $ 111,31809 $ 78000 $ 109,98000 Dib TRENCH SAFETY FOR STORMWATER LINES LF 1949 $ 9.00 $ 17541.00 $ 575 $ 11206.75 $ 1879 $ 36621.71 $ 2875 $ 56033.75 $ 2460 $ 4]945.40 $ 300 $ 584700 D17 TRENCH SAFETY FOR STORMWATER INLETS/MANHOLE EA 35 $ 1,25000 $ 43,750.00 $ 57500 $ 20,12500 $ 1,02214 $ 3577490 $ 1,15000 $ 40250.00 $ 1,35300 $ 47,35500 $ 10000 $ 3,50000 D18 CURB INLET(5) EA 2 $ 4,00000 $ 8,000.00 $ 3,361.15 $ 6,72230 $ 5,40000 $ 10,80000 $ 8,05000 $ 14100.00 $ 3,94185 $ 7,88370 $ 6,00000 $ 12,000.00 D19 CURB INLET(6) EA 10 $ 6,00000 $ 60,000.00 $ 4,60990 $ 44099.00 $ 6,43140 $ 64,31400 $ 8,62500 $ 84250.00 $ 5'166 00 $ 51,660 GO $ 10,00000 $ 108,00000 D2O CURB INLET FO) EA 12 $ 6750O0 $ 81000.00 $ 575442 $ 69053.01 $ 6791.40 $ 81496.80 $ 10350.00 1 12420000 $ 416016 $ 49921.92 $ 950000 $ 11400000 D21 NEW 6-INCH CURB AND GUTTER LF 4,046 $ 25.00 $ 101,150.00 $ 3636 $ 147,11256 $ 2491 $ 100,78586 $ 2800 $ 113,28800 $ 2727 $ 110,33442 $ 2200 $ 8401200 D22 CURB B GUTTER DEMOUTON LF 4,124 $ 5.00 $ 20,6M.00 $ 715 $ 2448600 $ 887 $ 345]988 $ 800 $ 32,99200 $ 858 $ 3538392 $ 500 $ 20,62000 D23 STRUCTURAL BOX CONNECTION EA 1 $ 3,]5000 $ 3,]5000 $ 3,64524 $ 3,64524 $ 6,34500 $ 6,34500 $ 5,75000 $ 5,75000 $ 4,30500 $ 4,30500 $ 500000 $ 500000 D24 HEADWALL(CH-FW-O)(DA241NCH) EA 1 8 6000.00 8 6000.00 �72 $ 026 $ 8052.75 1 8052.75 $ 747500 $ 747500 $ 528200 $ 528200 $ 400000 $ 400000 D25 INLET TOP REGONSTRUGiI ON EA 0 8 2,500.00 8 15,000.00 8.32 $ 3,29850 $ 1479100 $ 3,07500 $ 1"450.00 $ 350550 $ 21,03300 $ 260000 $ 15600.00 D26 INLET TOP RECONSTRUC;ArWI THTIRrR EXTEN90N EA 5 $ 2,]50.00 $ 13,]50.00 875 $ 4,93290 $ 2466450 $ 3,50000 $ 17500.00 $ 3,87450 $ 1437250 $ 4,40000 $ 22,000.00 D27 AL 1 8 10,000.00 8 10,000.00 00.00 $ 10,000.00 $ 10,00000 $ 18,000.00 $ 18,000.00 $ 10,000.00 $ 10,000.00 $ 18,000.00 $ 10,000.00 SUBTOTAL PARTD-DRAINAGE IMPROVEMENTS litems 0I Mr.D2]) $1,166,202.45 $1 95129.5.0 $1375,535.11 $1540,838.55 $ 1473,857.31 1 $1310,28500 Pa E-WATERIMPROVEMENTS E1 MOBUZATION IMAX 5%DART E) LS 1 $ 49,599.00 $ 49,599.00 $ 1500000 $ 15000.00 $ 18,21534 $ 18,21534 $ 1500000 $ 15000.00 $ 12,85945 $ 12,85945 $ 1500000 $ 1500000 E2 0"C900 PVC WATERIJ HE LF 59 $ 100.00 $ 5,90000 $ 17872 $ 1454448 $ 9329 $ 5,50411 $ 9200 $ 5,42800 $ 8981 $ 5,29879 $ 138.00 $ 8,14200 E3 8"C9OOPVCWATERUNE LF 670 $ 100.00 $ 67O0O.00 $ 12755 $ 8545850 $ 11208 $ 7509360 $ 10925 $ 73,19750 $ 10120 $ 67,801.00 $ 11700 $ 78390.00 E4 6"D.I.P WATERLINE LF 162 $ 125.00 $ 20250.00 $ 148.08 $ 23988.96 $ 174.58 $ 28281.96 $ 184.00 $ 29 BMW $ 166.73 $ 2701026 $ 157.00 $ 25434.00 E5 12"DI P_WATERLINE LF 67 $ 1]5.00 $ 11,]25.00 $ 21201 $ 142'1W 67 $ 288.49 $ 14328.83 $ 28750 $ 14262.50 $ 18906 $ 12,72732 $ 238.00 $ 1594600 EG 6"X6"D I M J_TEE EA 6 $ 1,250.00 $ 7,500.00 $ 57851 $ 3,47106 $ 1,01617 $ 6,09702 $ 74750 $ 4,48500 $ 51799 $ 3,10794 $ 960.00 $ 5,76000 E7 8"X6"D I M J_TEE EA 2 $ 1,500.00 $ 3,000.00 $ 72534 $ 1,45068 $ 1,18598 $ 2,37196 $ 92000 $ 1,84000 $ 65333 $ 1,30666 $ 99000 $ 1,98000 EB 8'k6"D.I.,M J.RED TEE EA 1 $ 1,750.00 $ 1,750.00 $ 725.37 $ 725.37 $ 1,11780 $ 1,111 80 $ 92000 $ 92000 $ 653.34 $ 653.34 $ 88000 $ 88000 E9 12"x6"DI MJ CROSS EA 1 $ 2,000.00 $ 2,000.00 $ 1,51652 $ 1,51652 $ 14 2236 $ 1,72236 $ 1,55250 $ 1155250 $ 1,20026 $ 1120026 $ 1,70000 $ 1,70000 E1O 6"D I.,M J_45°BEND EA 18 $ 1,25000 $ 22500.00 $ 44776 $ "05968 1$ 49586 $ 8,92548 1$ 69000 $ 12,42000 $ 369.78 $ 8,65604 $ 85000 $ 1530000 E11 8"D I.,MJ 45°BEND EA 8 $ 1,30000 $ 10,400.00 $ 589.76 $ 4,71808 $ 91428 $ 7,31424 $ 92000 $ 7,360OB $ 61776 $ 4,94208 $ 960.00 $ 7,68000 E12 12"DI.,MJ.45°BEND EA 8 8 140000 8 11200.00 $ 110564 $ 884512 $ 136800 $ 10944.00 $ 138000 $ 11040.00 $ 938.90 $ 751120 $ 136000 $ 10880.00 E13 6'k4"D I.,M J_REDUCER EA 2 8 1,25000 8 250000 $ 403 72 $ 80744 $ 77036 $ 1,54072 $ 690.00 $ 1,38000 $ 45588 $ 911 16 $ 800.00 $ 1,60000 E14 IB"X6 DI M J.REDUCER EA 1 8 1,500.00 1$ 1,50000 I$ 450.98 $ 450.98 $ 801.91 $ 801.91 $ 92000 $ 92000 $ 546.16 1$ 546.16 1$ 8]000 $ 8]000 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Evan Rantlolph DESIGN ENGINEER:Hans-Prdessional Services,Inc. BID DATE:Wetlnestly,September 27,2023 avm9, Grace Pavirq Antl Conutuc8-, RFB 518fi Gerke Excevdin9 Inc Mako C-bac8rq Clark Pipeline Services,LLC Reylec C-sWdion PROJECTNO.21045antl Comanche St(Caranwhua SI to Alametla St) 102 A RWI Rd 15341 State Hgh.W 131 423]Baltlwin BNtl. 3636 S.Alametla SI.B153 6229 L-partl SI. 1901 Hdlister SI. BASE BIO Corpus Christi,Tx,78405 Twnah,Wi,54660 Corpus Christi,Tx,]8405 Corpus Christi,Tx,]8405 Corpus Christi,Tx,78409 Houston,Tx 77080 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNTPRICE AMOUNT UNIT PRICE AMOUNT E15 6"D I_,M J_CAP EA 3 $ 1,25000 $ 3,750.00 $ 69]_]8 $ 2,09334 $ 969.64 $ 2,90892 $ 9T7.50 $ 2,93250 $ 410.61 $ 1,23183 $ 68600 $ 2,04000 E16 8"D I_,M J_CAP EA 1 $ 1,35000 s 1,35000 $ 1,92344 $ 1,92344 $ 1,04625 $ 1,04625 $ 1,09250 $ 1,09250 $ 874.16 $ 874.16 $ 82000 $ 82000 E17 6"TAFPING SADDLE EA 1 $ 6000.00 $ 6000.00 $ 543549 $ 543549 $ 878514 $ 878514 $ ]4]500 $ ]4]500 $ 387450 $ 38]450 $ 860000 $ 860000 E18 6"COUPLING EA 6 s 1,35000 $ 8,100.00 $ 1,49]32 $ 8,98392 $ 1,90938 $ 11,45628 $ 2,87500 $ 17250.00 $ 591 fib $ 354996 $ 5,00000 $ 3800000 E19 18 COUPLING EA 2 $ 1,45000 $ 2,900.00 $ 1,62425 $ 3,24850 $ 2,88795 $ 5,77590 $ 4,02500 $ 8,05000 $ 72474 $ 1,44848 $ 6,50000 $ 1300000 E20 12 COUPLING EA 2 $ 1,500.00 $ 3,000.00 $ 1,811.12 $ 3,62224 $ 2,98428 $ 5,96856 $ 5,17500 $ 185000 3 $ 96626 $ 1,93252 $ 7,40000 $ 14,800.00 E21 6"GATE VALVE EA 8 $ 375000 $ 30000.00 $ 148521 $ 11,881 fib $ 284237 $ 22738.96 $ 287500 $ 23000.00 $ 160571 $ 12845.68 $ 210000 $ 16800.00 E22 8"GATE VALVE EA 2 $ 4,75000 $ 9,50000 $ 2,20827 $ 4,41654 $ 4,18742 $ 8,37484 $ 4,02500 $ 8,05000 $ 2,33821 $ 4,67842 $ 2,70000 $ 5,40000 E23 12 GATE VALVE EA 1 $ 8]5000 $ 875000 $ 4,08830 $ 4,08830 $ 7,62457 $ 7,62457 $ 7,47500 $ 7,47500 $ 4,24083 $ 4,24083 $ 4,60000 $ 4,60000 E24 TRENCH SAFETY FOR WATERD NES IF 796 $ 1000 $ 7,960.00 $ 575 $ 4,577.00 $ 933 $ 7,42668 $ 230 $ 1,83080 $ 1107 $ 8,81172 $ 300 $ 2,38800 E25 ABANDONINPIACE-CAPBGROUT LF 614 $ 3000 S 18420.00 $ 2797 $ 17173.58 $ 2649 $ 16264.86 $ 3450 $ 21183.00 $ 3321 $ 20390.94 $ 1800 $ 11052.00 EX DEMOLIT ON OF ASBESTOS CEMENT WATER D HE IF 113 $ 125.00 $ 14,125.00 $ 1800 $ 2,03400 $ 6284 $ 7,10092 $ 8625 $ 9,74625 $ 4414 $ 4,98782 $ 1800 $ 2,03400 E27 FIRE HYDRANT ASSEMBLIES EA 6 $ 18000.00 $ 98000.00 $ 6,78835 $ 4873010 $ 11,5]9.63 $ 684T7.78 $ 9,77500 $ 5865000 $ 6,26070 $ 37,56420 $ 8,00000 $ 48000.00 E28 FIRE HYDRANT SALVAGE EA 2 $ 1,000.00 s 2,000.00 $ 1,14700 $ 2,29400 $ 4,05000 $ 8,10000 $ 1,72500 $ 3,45000 $ 768.17 $ 1,53634 $ 800.00 $ 1,60000 E29 WATER SERV CE RECONNECT ONS EA 3 $ 2500.00 $ 7500.00 $ 267265 $ 801795 $ 240438 $ 721314 $ 345000 $ 10350.00 $ 151416 $ 4,54248 $ 400000 $ 12000.00 E30 AL 1 8 5,000.00 8 5,000.00 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 SUBTOTAL PART E-WATER IMPROVEMENTS(it...El thru E30) S 439,1]9.00 $ 301,76262 $ 382,522.16 $ 3811,498.55 $ 278046.14 $ 36/,696.00 P.t F-WASTEWATER IMPROVEMENTS F1 MOBUJZATION(MAX S%PART F) LS 1 $ 3,2]5.00 $ 3,2]5.00 $ 800000 $ 6,00000 $ 5,35222 $ 5,35222 $ 4,00000 $ 4,00000 $ 4,97557 $ 4,97557 $ 3,00000 $ 3,00000 F2 REHABILITATION MANHOLE WITH FIG LINER AND NEW 24"RING(0-5FT) EA 5 8 10000.00 8 50000.00 $ 13741.77 $ 68708.85 $ 11903.90 $ 59519.50 $ 13800.00 $ 69000.00 $ 10,0727 $ 54536.35 $ 10000.00 $ 50000.00 F3 WASTEWATER BV-PASSING LS 1 $ 8,000.00 s 8,000.00 $ 175,34138 $ 175,34138 $ 37,12500 $ 37,12500 $ 17,250.00 $ 17,250.00 $ 3875000 $ 3875000 $ 11,00000 $ 11,00000 F4 TRENCH SAFTEV FOR MANHOLE REHABILITATION EA 5 $ 500.00 $ 2,500.00 $ 5]500 $ 2,87500 $ 1,08000 $ 5,40000 $ 1,15000 $ 5,75000 $ 1,84500 $ 9,22500 $ 200.00 $ 1,00000 FS I MPROVILIVIEN I S AL 1 $ 6,000.00 $ 5,000.00 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 SUBTOTAL PART F-WASTEWATER IMPROVEMENTS)hens Fi lhv F5) S 68,TY5.00 $ 25],92523 $ 112,396.72 $ 101000.00 $ 104,486.92 $ 78000.00 PetG-GAS IMPROVEMENTS G1 MOBILIZATION(M AX 5%PART G) LS 1 $ 3,475.00 1$ 3,475.00=00 $ $ 3,67050 $ 5,000005,0003,511553,51155 $ 4,00000 $ 4,00000 EXCAVATION, BACKHLL AND COMPACTION OF TRENCH FOR GAS LINEG2 (ADJUSTMENTTO BE COMPLETEDBV THE GTVGASDEPARTMENT) LF 2,150 $ 30.00 8 64,500.00 $ 31.82 $ 68413.00 $ 2500 $ 53,750.00 $ 3034 $ fi5,231.W $ 4100 $ 88150.00G3 AL 1 S 5,000.00 8 5,000.00 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 SUBTOTAL PARTG-GAS IMPROVEMENTS(Items GI lhru G3) $ 7Z975.00 $ 74,972.50 $ ]7,081.50 $ 63,7`9.00 $ 73,74255 $ 97,150.00 Part H-ELECTRICAL IMPROVEMENTS Hi MOBLIZATI ON(MAX 5%PART H) LS 1 $ 1,176.80 8 1,176 so $ 1,00000 $ 1,00000 $ 1,46500 $ 1,46500 $ 1,25000 $ 1,25000 $ 1,371.15 $ 1,37115 $ 1,00000 $ 1,00000 H2 NSTALLROADWAVILLUM ASSEMBLY(LED) EA�11 8 Bfi5.00 $ 11,245.00 $ 825.00 $ 1472.5.00 $ 1,24615 $ 18199.95 $ 1,06200 $ 13BMW $ 922.50 $ 11,99250 $ 90000 $ 11,70000 INSTALL NEW STREET LIGHT LED LUMINARE,WIRING,ARM,AND MOUNTNG H3 BRACKET ON EX STING POLE EA $ 1,675.00 $ 1,675.00 $ 1,60050 $ 1,60050 $ 2,70000 $ 2,70000 $ 1,71690 $ 1,71690 $ 4,43415 $ 4,43415 $ 1,60000 $ 1,60000 H4 DEMOLISH EXI STI NGL GHT FIXTURES EA $ 432.00 $ 5,616.00 $ 41250 $ 5,36250 $ 41538 $ 5,39994 $ 44250 $ 5,75250 $ 46125 $ 5,99625 $ 45000 $ 5,85000 HS AL 8 800000 8 800000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,000.00 SUBTOTAL PART H-ELECTRICAL IMPROVEMENTS(Ken.M M.H5) S 24,71280 $ 23,688.00 $ 30,764M $ 2],525.40 $ 28,794.05 $ 25,19.00 Parti-IT IMPROVEMENTS 11 MOBILIZATION(MAX 5%PART I) LS 1 S 3,]20.00 S 3,]20.00 $ 350000 $ 350000 $ 397000 $ 397000 $ 1,50000 $ 150000 $ 4,03687 $ 4,03687 $ 300000 $ 300000 12 2"FVG(SGH 40)ELEGTRI GAL CONDUIT(ITIMIS) LF 2160 S 15.00 S 3"400.00 $ 1375 $ 2870000 $ 1500 $ 32,400.00 $ 1600 $ 34,56000 $ 1737 $ 37,51920 $ 1500 $ 32,400.00 13 NEW BASS POLYMER CONCRETEPULLBOX24"X36"X18"W/3"GRAVEL(IT/MIS) EA 8 $ 2]50.00 S 2 000.00 $ 259600 $ 20,768.00 $ 337500 $ 27000.00 $ 282000 $ 22560.00 $ 2902.80 $ 23222.40 $ 260000 $ 28800.00 14 AL 1 $ 28000.00 $ 20,13. 0 $ 24000.00 $ 24000.00 $ 24000.00 $ 2800000 $ 24000.00 $ 2800000 $ 24000.00 $ 24000.00 $ 24000.00 $ 24000.00 SUBTOTAL PART I-IT IMPROVEMENTS(Itemsli Nru Ml S ]8127.00 $ ]3,968.00 $ B33 .I ]8,620.00 1 84,778.4] $ 76,200.00 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Evan Rantlolph DESIGN ENGINEER:Hansen Prdessional Services,Inc. BID DATE:Wetlnestly,September 27,2023 avGrace Pavirq Antl Conutuc8an, RFB 518fi Incon mg, Gerke Excavating Inc Mako Canbac8rq Clark Pipeline Services,LLC Reylec CansWdion PROJECT NO.21-5.-Comanche St ICaranwh.St to Alametla St) 102 Airport Rd 15341 State Hgh.W 131 4237 Baltlwin BNtl. 3636 S.Alametla SI.B153 6229 Leopartl SI. 1901 Hdlister SI. BASEBID Corpus Christi,Tx,78405 Twnah,W,54660 Cor Pus Christi,Tx,78405 Corpus Christi,Tx,78405 Corpus Christi,Tx,78409 Houston,Tx 770W ITEM DESCRIPTION UNIT OTY UNITPRICE I AMOUNT UNITPRICE AMOUNT UNIT ICET AMOUNT UNITPRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part J-BLUCHER PARK IMPROVEMENTS 21 MOBIIJZATONIMAX5%PARTJ) LS 1 $ 1468.75 $ 1468.75 $ 1 1004 $ 101904 $ 203545 $ 2035.45 $ 180000 $ 180000 $ 258209 $ 258209 $ 100000 $ 100000 J2 COMMON STONE RIPRAP 118")(INGW DING FILTCi2 FABRIC) SV 75 $ 125.00 $ 9,375.00 $ _L 612$ 6,48fl75 $ 276.12 $ 2'709.00 $ 250.00 $ 18,75000 $ 4210 $ 31,64175 $ 300.00 $ 22500.00 J3 SV 1 8 20,000.00 8 20,000.00 $ 2'000.00 $ 2'000.00 $ 2'000.00 $ 2'000.00 $ 2'000.00 $ 2'000.00 $ 20,000.00 $ 20,000.00 $ 2'000.00 $ 20,000.00 SUBTOTAL PARTJ-BLUCHER PARK IMPROVEMENTS litems Ji Un.J2) $ 30,(143.75 $ 27,Sm nW $ 42,744.45 $ 4'5`..0.00 I 54,223.84 $ 43,500.00 TOTAL BASE BID $ 4,100,818.14 $ 4,267,150.35 1$ 4,621A70.34 $ 4,727,992A5 1$ 4,755,096.56 $ 4,811,606.00 a Project Location _ �K T`e C 4A i fl . Oqo pp�lER un TIM ,. CONCRETE 1,37 1,37 Location Map O'Si'Oiro RgMi MANN LAKE RF Z z o Ja TWIGG Q J' N a WINNEBAGO WINNEBAGO ,o � TAYLOR • W •_!•enc 3 . BUFFALO 3 J STARR 114 _ O —ANTELOPE hl ,�• . • ` ' 'u .n'. � PEOPLES n_ LEOPARD 7 N Z a PARD _ v, G _ •x x SCNAl2£<< �n f Z J MESTINA NJ —MESTINA qV u �AWR£ O . w Y z tom, .� Q to W Q N �4x Q w z LIPAN a in � a N a W �- COMANCHE , 6L ER° �?Q ✓oN SgRrglN `v 2 HOWARD coo ELL CALOw C' O m_ I "w Z R or "� PROJECT, NO. 21045 -- 3 COMANCHE - CITY COUNCIL EXHIBIT ALAMEDA TO CITY OF CORPUS CHRISTI,TEXAS •; DEPARTMENT OF ENGINEERING SERVICES CARANCAHUA ` _ - Capital Improvement Plan 2024 thru 2026 City of Corpus Christi, Texas Project# 21045 wa 8! Rri Project Name Comanche(Carancahua to Alameda) ,ter Type improvement/Additions Department Public Works Useful Life 25 years Contact Director of Public Works Category Street-Rehabilitation Priority Critical-Condition\longevity Council District 1 Status Active Description � Reconstruction of existing 2-lane roadway with new pavement,curb and gutter,sidewalks,installation of ADA compliant curb curb ramps, signage,pavement markings,and upgrade/add street illumination.The project is currently under construction. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 2,014,000 2,014,000 Design 248,000 448,000 Storm Water-St. 957,500 957,500 Wastewater-St 630,000 630,000 Water-St. 630,000 630,000 Gas-St. 250,000 250,000 Eng,Admin Reimbursements 563,000 563,000 Total 5,292,500 5,292,500 Funding Sources Prior Years 2024 2025 2026 Total G.O.Bond 2020 2,500,000 2,500,000 Revenue Bonds 2,792,500 2,792,500 Total 5,292,500 5,292,500 Budget Impact/Other 71 There is no projected operational impact with this project,as this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. 227 so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 28, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Drew Molly, Interim Chief Operations Officer for Corpus Christi Water DrewM(a-)-cctexas.com (361) 826-3556 Ernesto De La Garza, Director of Public Works, Street Operations ErnestoD2(a-)cctexas.com (361) 826-1677 Interlocal Agreement between the City and Texas A&M—Corpus Christi for Environmental Monitoring Services CAPTION: Resolution authorizing a one-year Interlocal Agreement, with two one-year extension options, with Texas A&M University—Corpus Christi for air and water monitoring services, for an amount up to $217,545 for one year and a total amount up to $588,454.00 if both one-year options are exercised, with funding from Water and Storm Water Funds. SUMMARY: This item is a resolution for a one-year Interlocal Agreement with Texas A&M University-Corpus Christi's Conrad Blucher Institute for Surveying and Science. The purpose of the proposed interlocal agreement is to continue operating and maintaining thirteen real-time environmental monitoring stations located in Nueces Bay, Nueces River, Oso Creek, and within the City of Corpus Christi. BACKGROUND AND FINDINGS: The Conrad Blucher Institute for Surveying and Science at Texas A&M University- Corpus Christi (TAMUCC) has been operating and maintaining various environmental monitoring stations for the City of Corpus Christi since 1991. The purpose of the proposed interlocal agreement is for TAMUCC to provide air and water monitoring services for the City. The data gathered from this service is used by the City to determine the quantity and frequency of freshwater pass-throughs as required by TCEQ. It also is used to assist CCW and Public Works in monitoring Oso Creek water levels in order to protect adjacent infrastructure and facilities. Furthermore, CCW will not satisfy MS4 (Municipal Storm Sewer System) permit requirements for storm water runoff without the data provided by TAMUCC through the monitoring service. The state of Texas requires all cities with a population greater than 100,000 to regulate stormwater through a Phase I MS4 program. This is due to the potential for contaminants and other hazardous material to be washed into surface waters of the state during rainfall events. In order to maintain the permit and be in compliance with TCEQ regulations, there are numerous requirements that must be completed by the City, including public education, industrial inspections to ensure secondary containment and pollution prevention, construction site inspections, ditch monitoring and cleaning, and more to reduce the volume of pollutants that may be washed into bays and other receiving water bodies. Additionally, the City of Corpus Christi is required to conduct monitoring and sampling during rainfall events to determine if further steps need to be taken to protect the receiving water bodies. Monitoring and sampling have strict requirements according to the permit, including a two-hour timeframe to collect representative samples after rainfall accumulation at approved locations has measured 0.1". The rain gauges utilized in this program alert the stormwater team to collect samples during the required timeframe. The monitoring services are carried out across thirteen real-time environmental monitoring stations located in Nueces Bay, Nueces River, Oso Creek, and other sites within city limits. Nueces Bay and Nueces River water quality monitoring stations primarily report water temperature, specific conductance, salinity, dissolved oxygen, and pH levels. This data is vital to determine the quantity and frequency of freshwater pass-through events required by the amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ) via the Wesley Seale Dam. Oso Creek water level monitoring stations will report air gap clearance, stage, air temperature, relative humidity, barometric pressure, and liquid precipitation. Air gap clearance refers to the distance from the monitor station to the water level. Stage refers to a fixed and defined water level based on elevation. All of this data will assist CCW and Public Works in monitoring Oso Creek water levels in relation to adjacent infrastructure and facilities. Corpus Christi meteorological monitoring stations will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure, and relative humidity. These stations help CCW and Public Works determine the frequency of collection of water samples during rain events in order to satisfy the storm water runoff (MS4) permit. Additionally, an alert system through this monitoring system sends email notifications when rainfall values reach certain thresholds. The equipment does not record air quality. It records air temperature only. All monitoring are detailed in the agreed upon scope of work that is attached. All data obtained through this agreement is loaded on TAMUCC's Conrad Blucher Institute's website and is accessible to the public. ALTERNATIVES: The alternative is not to approve the proposed interlocal agreement between the City and TAMUCC; however, not approving the proposed interlocal agreement will eliminate the air and water monitoring services and thus the City's awareness of vital data used to determine the quantity and frequency of freshwater pass-throughs. This will result in the City being out of compliance with TCEQ and other entities. FISCAL IMPACT: The financial impact for FY 2024 will be in the amount of$217,545. Of the $217,545, $79,706 will come from the Corpus Christi Water's Water Quality division. Another$79,706 will come from the Corpus Christi Water's Environmental Studies division. Finally, $58,133 will come from Public Work's Storm Water division. Funding Detail: Fund: 4010 Water Fund Organization/Activity: 31501 Water Quality Department: 45 Water Account: 530000 Professional Services Amount: $79,706.00 Fund: 4010 Water Fund Organization/Activity: 30220 Environmental Studies Department: 45 Water Account: 530000 Professional Services Amount: $79,706.00 Fund: 4300 Storm Water Fund Organization/Activity: 32006 Environmental Services Department: Storm Water Operations Account: 530000 Professional Services Amount: $58,133.00 RECOMMENDATION: Staff recommends approval of the interlocal agreement with Texas A&M University Corpus Christi, as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution authorizing a one-year Interlocal Agreement, with two one- year extension options, with Texas A&M University Corpus Christi for environmental monitoring, for a total amount not to exceed $ 217,545, with a total potential multi-year not to exceed amount of$ 588,454 with FY2024 funding from Water and Storm Water Funds. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a one-year Interlocal Agreement, with two one-year extension options, with Texas A&M University Corpus Christi for environmental monitoring, for a total amount not to exceed $ 217,545, with a total potential multi-year not to exceed amount of $ 588,454 with FY2024 funding from Water and Storm Water Funds. A copy of the agreement is on file in the Office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY-- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI — CORPUS CHRISTI WATER REGARDING ENVIRONMENTAL MONITORING STATIONS WHEREAS, Texas A & M University — Corpus Christi ("TAMU-CC") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation agreement; WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; WHEREAS, Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the agreement; NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for TAMU-CC, acting through its Conrad Blucher Institute for Surveying and Science, to perform operation and maintenance of 13 environmental monitoring stations in Nueces Bay, Nueces River, Oso Creek and throughout Corpus Christi. 2. STATEMENT OF WORK. TAMU-CC acting through its Conrad Blucher Institute for Surveying and Science agrees to perform services as outlined in Exhibit A for each year of this Agreement. 3. PERIOD OF PERFORMANCE. The initial term of this Agreement is January 1, 2024 through December 31, 2024 unless terminated as provided herein. This Agreement may be renewed for up to two additional one-year terms by written agreement of the City Manager or designee and authorized representative from TAMU-CC, unless terminated as provided herein. 4. FEES FOR SERVICES PROVIDED. A. For January 1, 2024 through December 31, 2024, the City agrees to pay TAMU-CC up to $217,545.00 as payment in full for all services provided herein, as further outlined on Exhibit B. The payment shall be paid on a monthly basis upon receipt and review of monthly invoice. In subsequent years of this Agreement, the fee to be paid by the City for services performed by TAMU-CC under this Agreement shall not be increased by more than three percent each year. B. The monthly payments constitute payment in full for all TAMU-CC costs to perform all of the the services described in Exhibit A for each twelve-month term. Each party acknowledges that all expenditures underthis agreement shall be paid with current revenues of the paying party. C. The parties acknowledge that continuation of this agreement beyond City's current fiscal year which ends September 30 is subject to the annual City budget process and appropriation of funds. If funds are not appropriated sufficient to pay for this Contract in the then-current City budget year, then this Contract shall terminate upon ten business days' written notice and City shall have no further payment obligation to TAMU-CC. Page 1 of 3 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 D. Each governing body, in performing governmental function or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. 5. TERMINATION. Performance under this agreement may be terminated by either party with or without cause upon 30 days written notice. 6. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. Texas A&M University—Corpus Christi Attn: Kimberly Hawkenson Director of the Office of Sponsored Research Administration 6300 Ocean Drive, Unit 5844, Corpus Christi, Texas 78412 City of Corpus Christi - Corpus Christi Water Attn: Chief Operating Officer P.O. Box 9277 Corpus Christi, TX, 78469 7. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, to extend deadlines or authorize minor changes in the scope of work. 8. SEVERABILITY. If any of the provisions of the agreement or the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMU-CC agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 10. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. Page 2 of 3 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative, to be effective as of date of last signature. Texas A&M University —Corpus Christi Docu Signed by: By: Name: Kim er y awFkenson Title: Director of the Office of Sponsored Research Administration Date: 11/3/2023 CITY OF CORPUS CHRISTI ATTEST Rebecca Huerta Peter Zanoni City Secretary City Manager APPROVED AS TO FORM: This day of , 2023 Aimee Alcorn-Reed, Assistant City Attorney For City Attorney To be inserted: Exhibit A Statement of Work Exhibit B Costs for Services Page 3 of 3 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 Exhibit A SCOPE OF WORK NUECES BAY AND NUECES RIVER WATER QUALITY MONITORING, OSO CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI ENVIRONMENTAL MONITORING January 1, 2024 —December 31, 2026 SUMMARY This Scope of Work(SOW)provides for the operation, maintenance, and dissemination of 13 real-time environmental data collection stations for systems located in the Corpus Christi Bay area to include the Nueces River and Bay, Oso Creek, and Iocations throughout the City of Corpus Christi.A rainfall alert system is included for six meteorological stations. The SOW for the first year includes the replacement of the Hydrolab datasondes that are used at the three(3) SALTS stations. The existing Hydrolab datsondes have exceeded their life expectancy and are becoming increasingly unreliable in the field.Due to their age, replacement parts and probes are hard to come by and without replacement probes, there could be large gaps in data collected. TAMU-CC has identified the Manta+ 20 datasonde as a viable replacement sensor for the SALTS stations. These sensors have a three (3)year warranty and will collect and disseminate the required water quality data. RESEARCH OBJECTIVES The Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University Corpus Christi (TAMU-CC)has been operating and maintaining real-time water quality monitoring stations in the Nueces River Delta for the City of Corpus Christi since November 1991. These systems were installed to assist city personnel with understanding the effects of freshwater inflows on salinity levels in the Nueces Bay system. The data collected at the water quality stations is used to assist City of Corpus Christi personnel in determining effects of fresh water released from the Wesley Seal Dann as part of an amended Agreed Order between the City and the Texas Commission on Environmental Quality(TCEQ). Other benefits of the data collection include collaboration with other researchers in the Nueces delta such as the Coastal Bend Bays and Estuaries Program (CBBEP) and the Nueces River Authority, The City of Corpus Christi has designed and built a diversion channel and pumping system that, when activated,pumps freshwater from the Nueces River into the Nueces delta and adjacent wetlands starting at the head of the Rincon Bayou channel. The freshwater diversion pumping system is designed to redirect freshwater flowing into Nueces Bay proper to the Nueces Delta in order to most effectively utilize available freshwater by diverting it to the area with the most potential for increased biological productivity. Currently, UTMSI,IM, and CCS are conducting long-term ecological studies of the effects of this diversion. One salinity monitoring station (NUDE2: 27° 53' 19"N, 97° 34' 10" W) located along the Rincon Bayou was established in 2009 to determine the fate of freshwater diversions from the pipeline. The salinity monitoring stations Page 1 of 8 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 located in the Nueces Delta are funded by the CBBEP and are not covered in the scope of this proposal but are a part of an overarching hydrodynamic monitoring system. Nueces Bay and Nueces River Water Quality Monitoring Salinity Monitoring Nueces Bay consists of three (3)water quality monitoring stations (Image 1): 1. SALTOI (27° 50' 21"N, 97°26' 38" W) 2. SALT03 (27° 51' 5"N, 97° 28' 55" W) 3. SALT05 (27° 53' 30"N 97° 36' 37" W) in the Nueces River Primary parameters measured at all water quality monitoring stations include specific conductance and water temperature. Additionally, ancillary parameters measured including dissolved oxygen and Ph (Table 2). The stations consist of sensors, cellular modem, datalogger and a power system. The station locations are in such a manner to track freshwater inflows into Nueces Bay using salinity levels as an indicator of freshwater movement. Relief for required freshwater releases may be taken by the city if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report http://lighthouse.tamuce.edu/salrel produced by CBI and the Nueces River Authority(NRA) shows the current freshwater relief status. Station components and configuration are listed in Table 1 and Table 2, respectively. 2. .Imaze 1:Nueces River Delta. &Bay water quality monitoring locations Table 1: SALTS Component List Component Type Water Quality Multi robe H drolab MS 5(replaced by Manta 20+if approved) Data logger CR10DOx IP Modem RV50 wlantenna and booster Powers stem Miscellaneous Table 2: SALTS Station Configuration CBI Id. Name I em Specific Conductance Ph Do/%sat 072 SALTOI X X X X Page 2 of 8 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 074 1 SALT03 I X I X X X 076 SALT05 I X I X X X Stage Height Monitoring Three (3) stage height monitoring stations are located on bridges along the Oso Creek(Image 2) 4. OCWL01 (-27° 43' 18.26"N 97° 27' 28.55" W) at Saratoga Rd.near Calle Cuernavaca 5. OCWL02: (-27° 41' 19.82"N 97° 25'45.36" W)at Weber Rd. near Yorktown Blvd. 6. OCWL03: —27° 39'24.89"N 97'24' 5.89" W)at South Staples St. near Oso Pkwy. These data collection stations will collect stage height, air temperature, precipitation,barometric pressure, and relative humidity (Table 4). These stations provide water levels relative to the bridge, adjacent structures along with meteorological information. Station components and configuration are listed in Table 3 and Table 4, respectively. 0 1 4 :Ed L o f -a� 0 11 s � I 6 � Image 2:Stage Height monitoring location, Table 3: Oso Creek Component List Component Type Radar Water Level sensor Nile 502 Weather Transmitter Vaisala WXT-530 Data logger CR1000x IP Modem RV50 wlantenna and booster Powers stem Miscellaneous Table 4: Oso Creep Station Confi uration CBI Id Name Air Air Wind Wind Barometric Relative Precipitation Gap Temp Seed Direction Pressure Humidity 242 OCWL01 X X X X x X X 243 OCWL02 X X X X X X X 244 1 OCWL03 X X X X X X X Page 3 of 8 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 METEOROLOGICAL MONITORING Seven(7) meteorological (MET) stations are located throughout the City of Corpus Christi (Image 3). 1. CCWXAM: (27'42' 54" N 97° 19' 43" W), TAMUCC 2. CCWXRF: (27° 40' 34"N 97° 21' 9" W), Rodd Field Rd 3. CCWXCM: (27° 43' 54"N 97° 22' 40" W), Carmel Pkwy 4. CCWXCP: (27'41' 6"N 97° 25' 0" W), Cedar Pass Dr. 5. CCWXDE: (27'45' 51" N 97'24' 15" W),Del-Mar College East campus 6. CCWXDW: (27° 46' 24" N 97° 26' 24" W)Del-Mar College West campus 7. CCWX07: (27° 52' 4.2"N 97° 37' 54.5" W) at the Nueces River pump station These stations help City technicians determine frequency of collection of water samples during rain events to satisfy their storm water runoff(MS4) permit. During rain events, data are provided via the following web site: Rainfall (tamucc.edu). An email notification will send an email to the designated City personnel at the following thresholds to be renewed at a 24-hour window once the Primary alert is issued. • INITIAL: 0.05 in • WARNING: 0.07098 in • PRIMARY: 0.1 in • SECONDARY: 0.11 in Station components and configuration are listed in Table 5 and Table 6,respectively. S Image 3:Meteorological station location Table 5: MET Station Component List Com onent Type Weather Transmitter Nile 502 Data logger CR1000x Page 4 of 8 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 IP Modem RV50 Wantenna and booster Powers stem Miscellaneous Table 6: MET Station Configuration Station No. Name - Temp Wind Rainfall Air Pressure Humidity U 236 TAM -CC X X X X X 275 Rodd Field X X X X X 276 Carmel Parkway X X X X X 277 CCWXCP Cedar Pass X X X X X 278 CCWXDE Del Mar East X I X J X X X 279 CCWXDW Del Mar West X X X X X 256 CCWX07Nueces River X X X X X OPERATION,MAINTENANCE AND MANAGEMENT Project Management The Principal Investigator(PI) for this project will be Ms. Devon Steffan, designated Co- Principal Investigator will be Mr.Zachary Hasdorff and Mr.Hugo Mahlke(Co-PI). The PI or his designee shall be responsible for all project management activities of this project to include but not be limited to personnel assignment, scheduling, service, maintenance, accounting, reporting, and invoicing. General Tasks TAMU-CC shall designate an operator(or operators)to perform the following local duties: a. Perforin Quality Assurance/Quality Control checks on all data collected from each station ensuring all data are within expected ranges. b. Schedule all maintenance activities c. Maintain, field activity logs. d. Maintain site visit logs. e. Maintain inventory of sensors/components f. Calibrate datasondes prior to field deployment. g. Clean and post calibrate all datasondes upon removal from the field. h. Maintain calibration logs for each sensor. Table 7- Sensor Service schedule CBI Station No. Station Name Sensor Service Interval 072 SALT01 WQ 2 Weeks +/-1 week 074 SALT03 WQ 2 Weeks +/-1 week 076 SALT05 W9 2 Weeks +/ 1 week 236 CCWXAM MET Quarterly 275 CCWXRF MET Quarterly 276 CCWXCM NET Quarterly 277 CCWXCP MET Quarterly 278 CCWXDE MET Quafterly 279 CCWXDW NET Quarterly 256 CCWX07 MET I Quarterly 242 1 0CWL01 WLS Quarterly 243 OCWL02 WLS Quarterly 244 OCWL03 WLS Quarterly Page 5 of 8 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 NOTE: The service interval has been changed from the 6-month site visit to a quarterly due to completed upgrades made site visit to improve data quality and collection capabilities. The natural flora and fauna in the vicinity of many sites will require a closer monitoring of each data collection site. Sub Task 1—Scheduled Maintenance TAMU-CC will perform the tasks identified below. If a station issue arises outside of scheduled maintenance, TAMU-CC will determine if there are funds in the budget for an unscheduled visit and make every effort to maintain data dissemination. If major issues are identified, the PI for designee will notify the city and discuss options for repair. Nueces Water Quality Monitoring a. Upon arrival at each station, readings will be recorded from the datasonde prior to removal. b. Replace datasonde with a clean, calibrated unit. c. Upon replacement, readings from the installed datasonde will be recorded. d. Independent salinity readings will be taken using a portable refractometer and recorded. e. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. All sensors and systems will be tested for proper operation. f. Data will be downloaded from the data collection system for archival. g. Communications will be checked and verified. h. Perforin other operation and maintenance duties as required to maintain data collection. Oso Creek Stage Height Monitoring a. Field readings will be documented. b. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. c. All sensors and systems will be tested for proper operation. d. Verify stage height offset. e. Perform other operation and maintenance duties as required to maintain data collection. Corpus Christi Meteorological (MET)Monitoring a. Field readings will be documented. b. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. c. All sensors and systems will be tested for proper operation. d. Perform other operation and maintenance duties as required to maintain data collection. DATA COLLECTION CBI has collected data from remote data collection platform (DCP) since 1995 utilizing our internal database and proprietary automated processes. Data are generally collected every 6 Page 6 of 8 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 minutes from all DCP's via an IP modem installed at each station. Data collection initiates the following process: a. Upon acquisition,raw data files are validated ensuring data header files meet archived station information files within the database. b. Once the data packet is verified,the data are archived in raw form within the database. c. Data packets are processed for dissemination. d. Staff generally performs QA/QC checks of all data noting suspect or missing data or sensor malfunction. e. Each station is assigned a CBI ID number(see Tables 4, 6, and 7) and data is disseminated via station pages at httys://Iighthouse.tamuce.edu/overview/:actiye::q c:cbi%7Cccwd%7Chydro:,nuebgy f. Daily and ten-day salinity levels are provided per month via http://Iiahthouse.tamucc.edu/sairel. INSTRUMENT CALIBRATION This section provides general tasks how instruments will be calibrated. a. Datasondes will be calibrated following established procedures and manufacture recommendations. b. The instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. The instruments will then be post-calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated.The biofouling will then be removed, and any maintenance recommended by the manufacturer will be performed. c. All calibration and post-calibration records will be available upon request. REPLACEMENT PARTS AND EQUIPMENT TAM-UCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAW-CC will repair or replace instrumentation as needed to ensure a continuous data collection record if enough funds or spares are available. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by TAW-CC and the CCUD to replace needed components. STATION DOCUMENTATION Following each scheduled or emergency station visit, TAMU-CC shall complete and archive a Site Report,using CBI's proprietary database. Site visit reports contain information related to any service,maintenance, and/or repair action performed. TAW-CC will archive station records for a period of three (3)years and available to City personnel upon request. NOTE: There are no scheduled progress reports required within this SOW Page 7 of 8 DocuSign Envelope ID:9EC34D93-24BF-4480-942A-98EFA214CFE6 Exhibit B REPLACEMENT PARTS AND EQUIPMENT There are minimal replacement parts for this project.All effort will be made to replace parts and supplies with what is on hand. BUDGET SUMMARY SUB-TOTALS (year 1) Salaries $ 73,383 Benefits $ 26,883 Travel $ 17,530 Supplies $ 1,940 Other Expenses $ 6,640 • Batteries, solar panels, regulators • Monthly modem cost • Freight Upgrades $43,146 Facilities &Administrative Costs (IDC) at 38%MTDC (Yrl) $48,023 TOTAL YEAR 1: $ 217,545 (O&M and Upgrades) TOTAL YEAR 2: $ 182,983 TOTAL YEAR 3: $ 187,926 GRAND TOTAL: $ 588,454 Year 1 (January 1, 2024-December 31, 2024) award amount will be invoiced in equal, monthly installments over the first 12-month period of this contract and in subsequent budget years. Upgrades will be invoiced in one lump sum after the procurement process of the upgraded sensors is completed. TAMU-CC anticipates continuing service for up to three (3)years, and the annual project budget will not increase by more than 3%percent on average over the three years. TAMU-CC's DHHS-approved Facilities and Administrative Cost rate will be applied in Budget Year at 38.0%and Years 2 and 3 at 41%of a Modified Total Direct Cost base in accordance with the approved rates. Page 8 of 8 so �o o� A H AGENDA MEMORANDUM WoRPORP�g4 First Reading for the City Council Meeting of November 28, 2023 1852 Second Reading for the City Council Meeting of December 5, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance and appropriation of the Violence Against Women Act Grant for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of a grant in the amount of$59,609.00 from the State of Texas Criminal Justice Division for Violence Against Women Program with a cash match of$20,810.80 and in-kind match of $6,960.00 for salary and benefits for one civilian position and equipment, supplies, training, and travel; appropriating $80,419.80 into the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA). The grant provides funds for projects with the primary mission of reducing and preventing violence against women. BACKGROUND AND FINDINGS: The VAWA grant continues to support the Family Violence Unit by utilizing civilians and volunteers to contact family violence victims when a written report is made by an officer. The grant provides funds for one civilian victim case manager to contact female victims who often fear retaliation and violence when the offender is released following arrest. The victim case manager provides information concerning alternatives, available services, and protective orders to avoid continued violence. The victim case manager also serves to establish a working relationship between social agencies and the Corpus Christi Police Department (CCPD) to provide educational opportunities to the community through speaking engagements and the distribution of literature. The long-term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long-term safety needs of victims. The State of Texas provides $59,609.00 for the salary and benefits of one victim case manager, equipment, supplies, training, and travel. The Victim Case Manager also coordinates volunteer hours that contribute $6,960.00 in-kind contribution. The volunteers for this program are students from Texas A&M University—Corpus Christi. The City contributes $20,810.80 for training, travel, supplies, and miscellaneous equipment as the required match. The grant period is October 1, 2023 through September 30, 2024.The City has received this grant for the past 24 years. Last year the City received $47,393.76 from this grant. ALTERNATIVES: The alternative is not to accept the grant; however, the funding for this grant allows case management for female victims of violent crimes. Without the grant funds, CCPD's activities to support violence against women would be limited. FISCAL IMPACT: The fiscal impact for FY 2024 is accepting and appropriating an amount of $59,609.00 to the Police Grants Fund. This item also will authorize a transfer and appropriation in an amount of $20,810.80 from the General Fund to the Police Grants Fund for the City cash match for a total appropriation in the Police Grants Fund of$80,419.80. Funding Detail: Fund: 1020 & 1061 Organization/Activity: 1020-60035/1061-832024F Department: 29 Project # (CIP Only): N/A Account: 1020- 548590 Cash contribution - grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 548120 Self Insurance Allocation Amount: $80,419.80 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Statement of Grant Award Ordinance authorizing the acceptance of$59,609.00 from the State of Texas, Criminal Justice Division Violence Against Women Program with a cash match of$20,810.80 from the General Fund and an in-kind match of $6,960.00; and appropriating funds in the amount of $80,419.80 in the Police Grants Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of $59,609.00 from the State of Texas, Criminal Justice Division Violence Against Women Program to support the Family Violence Unit. SECTION 2. The City Council commits to provide for the applicable contribution of $20,810.80 from the General Fund to the Police Grants Fund and $6,960.00 of in-kind services. SECTION 3. The City Council designates the Chief of Police as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these State of Texas funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas in full. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Statement of Grant Award(SOCA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions, governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative'and `Budget/Details'tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards (TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency(FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award' tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 1517125 Award Amount: $59,609.00 Date Awarded: 10/30/2023 Grantee Cash Match: $20,810.80 Grant Period: 10/01/2023 -09/30/2024 Grantee In Kind Match: $6,960.00 Liquidation Date: 12/29/2024 Grantee GPI: $0.00 Program Fund: WF-Violence Against Women Formula Grants Total Project Cost: $87,379.80 Grantee Name: Corpus Christi, City of Project Title: Victim Assistance Program Grant Manager: Vanessa Canova Unique Entity Identifier(UEI): XETBTPKCL895 CFDA: 16.588 -Violence Against Women Formula Grants Federal Awarding U.S. Department of Justice,Office on Violence Against Women Agency: Federal Award 9/13/2023 Date: Federal/State 15JOVW-23-GG-00603-MUMU Award ID Number: Total Federal Award/State Funds $13,951,300.00 Appropriated: Pass Thru Entity Texas Office of the Governor—Criminal Justice Division(CJD) Name: Is the Award R&D: No The STOP Program continues to encourage the development and implementation of effective,victim Federal/State centered law enforcement,prosecution, and court strategies to address violent crimes against women Award Description: and the development and enhancement of victim services in cases involving violent crimes against women.It envisions a partnership among law enforcement,prosecution, courts, and victim services organizations to enhance victim safety and hold offenders accountable for their crimes against women. so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of November 28, 2023 1852 Second Reading for the City Council Meeting of December 5, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance and Appropriation of Grant Funds from the State of Texas, Criminal Justice Division for the Body-Worn Camera Grant Program FY 2024 CAPTION: Ordinance authorizing the acceptance of a grant from the State of Texas, Criminal Justice Division for the Body-Worn Camera Grant Program FY 2024, in the amount of $153,027.00 for the purchase of 100 additional body-worn cameras and related equipment for the Corpus Christi Police Department; and appropriating $153,027.00 in the Police Grants Fund with a cash match of$51,009.00 from the Law Enforcement Trust Fund. SUMMARY: This Ordinance authorizes the acceptance of a grant and appropriation of funds from the Bureau of Justice Assistance. The awarded grant funds will be used for the purchase of 100 additional body-worn cameras and related equipment. BACKGROUND AND FINDINGS: In 2019, the Corpus Christi Police Department (CCPD) began purchasing Panasonic body-worn cameras for its sworn officers to go along with the Panasonic in-car camera systems used in CCPD patrol vehicles. In June 2022, the City Council approved the purchase of 280 body-worn cameras by CCPD. The purchase of the 280 body-worn replaced all body-worn cameras in CCPD's inventory. It also provided additional body-worn cameras for each of the additional sworn officers that CCPD had hired since its original purchase of body-worn cameras in 2019. This grant provides funding for the purchase of 100 additional body-worn cameras and related equipment for sworn officers. The sworn officers that will be assigned the body-worn cameras are those who engage in field work. This means sworn office that are assigned to traffic or highway patrol or otherwise regularly detain or stop motor vehicles, or primary responders who respond directly to calls for assistance from the public. The funding received from this grant will be used to purchase the following items listed below. 1. Body-worn cameras and licenses (100) 2. Magnetic mounts for cameras on sworn officers (100) 3. Five-year warranty on body-worn cameras (100) 4. Eight bay charging dock, AC adapter to charge cameras (13) 5. Storage for the body-worn cameras and related equipment To date, CCPD has 280 body-worn cameras issued to sworn officers (each sworn officer has his or her own body-worn camera). With the purchase of the additional 100 body-worn cameras, CCPD's total inventory of body-worn cameras will be 380. CCPD's long-term goal is to issue every sworn officer their own body-worn camera, not just the sworn officers that engage in field work. As is required by this grant, a 25% cash match of $51,009.00 is available from the Law Enforcement Trust Fund. The grant period is September 1, 2023 through August 30, 2024. In FY 2022, the City received $750,000 from this grant with a required $25,000 City cash match. ALTERNATIVES: The alternative is not to submit the grant and try finding available funding within the General Fund; however, funding for the purchase of additional body-worn cameras was not built into the FY 2024 General Fund Budget. FISCAL IMPACT: The body worn camera grant in the amount of $153,027.00 will increase the Police Grants Revenue for the Body Worn Camera Program, along with a cash transfer of$51,009.00 from the FY 2024 Law Enforcement Trust Fund to the Police Grants Fund for the City cash match. Funding Detail: Fund: 1061 Organization/Activity: 822912S Department: Police Project # (CIP Only): N/A Account: 520090 Amount: $153,027.00 Fund: 1074 Organization/Activity: 826000S Department: Police Project # (CIP Only): N/A Account: 520090 Amount: $51,009.00 RECOMMENDATION: Staff recommends accepting and appropriating the grant funds, as presented. LIST OF SUPPORTING DOCUMENTS: Statement of Grant Award Ordinance authorizing the acceptance of$153,027 grant from the State of Texas, Criminal Justice Division for body-worn cameras with a cash match of $51,009 from the Law Enforcement Trust Fund; and appropriating funds in the amount of $153,027 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of$153,027 from the State of Texas, Criminal Justice Division to purchase body-worn cameras, and associated licenses, warranties, storage, and supplies for sworn officers who engage in traffic and/or highway patrol or otherwise regularly detain or stop motor vehicles, and those sworn officers who respond directly to calls for assistance from the public. SECTION 2. The City Council commits to provide for the applicable contribution of $51 ,009 in cash from the Law Enforcement Trust Fund. SECTION 3. The City Council designates the Chief of Police as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these State of Texas funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas in full. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Statement of Grant Award(SOGA) - The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above. For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency(FEMA), all information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 4394802 Award Amount: $153,027.00 Date Awarded: 10/24/2023 Grantee Cash Match: $51,009.00 Grant Period: 10/01/2023 -09/30/2024 Grantee In Kind Match: $0.00 Liquidation Date: 12/29/2024 Grantee GPI: $0.00 Program Fund: BC-Body-Worn Camera(BWC)Program Total Project Cost: $204,036.00 Grantee Name: Corpus Christi, City of Project Title: Body Camera Project Grant Manager: Sylvia Garcia Unique Entity Identifier(UEI): XETBTPKCL895 CFDA: N/A Federal Awarding N/A-State Funds Agency: Federal Award Date: N/A- State Funds Federal/State Award ID 2024-BC-ST-0020 Number: Total Federal Award/State Funds $6,895,251.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award Funds are used for the purchase of body cameras and digital storage systems to serve as a tool in a Description: law enforcement comprehensive problem-solving approach to enhance officer interactions with the public,build community trust, and gather important evidence for use in the prosecution of crimes. so �o o� A PH v AGENDA MEMORANDUM WoRPORP�g4 Action Item for the City Council Meeting November 28, 2023 1852 Action Item for the City Council Meeting December 05, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com (361) 826-3936 Acceptance of a grant totaling $44,696.90 from the Port of Corpus Christi Authority for incident command training and equipment for the Corpus Christi Fire Department CAPTION: Ordinance authorizing the acceptance of a grant totaling $44,696.90 from the Port of Corpus Christi Authority for the Port of Corpus Christi Community Grant for incident command training for 40 emergency personnel and training equipment for the Corpus Christi Fire Department; and appropriating $44,696.90 in the FY 2024 Fire Grants Fund. SUMMARY: This resolution authorizes the acceptance and appropriation of a grant totaling $44,696.90 from the Port of Corpus Christi Authority Community Grant. The grant funding is for Blue Card Incident Command Training for Corpus Christi Fire Department (CCFD) firefighters and regional Emergency District personnel. BACKGROUND AND FINDINGS The Port of Corpus Christi offers its Community Grant on a bi-annual basis (April & October). The grant is awarded locally to non-profits, charitable organizations, and emergency organizations. Its purpose is to enhance the general prosperity, development, prevention, and safety within the community. Funding will provide financial assistance for critically needed resources to equip and train CCFD emergency personnel. The funds will be used to provide incident command training and necessary equipment for CCFD and regional emergency personnel. The CCFD uses the Blue Card training program for the incident command training. The Blue Card training program provides fire departments with a training and certification system that defines the best Standard "Command Practices" for common, everyday strategic and tactical emergency operations conducted. The training is based on the National Incident Management System's (NIMS) nationally recognized standards. NIMS guides all levels of government, nongovernmental organizations, and the private sector to work together to prevent, protect against, mitigate, respond to, and recover from incidents. This training and certification program produces Incident Commanders who make better decisions that will potentially eliminate the lethal and/or costly mistakes that cause injury, death, and unnecessary fire losses in the local response area. The program will train and qualify 40 CCFD and regional emergency personnel to become Incident Commanders with better decision making to help eliminate mistakes during incidents that cause injury, death, and unnecessary fire losses. Approximately half of the 40 regional emergency personnel will be CCFD firefighters. The remainder will be emergency response personnel that CCFD regularly works with and that serve crucial roles in regional emergency responses. The personnel include the Emergency Services Districts, Robstown, Portland, and Port Aransas. Currently, CCFD has 223 personnel with Blue Card certifications. The initial portion of the training is done online, and it takes approximately 50 hours to complete. After the online portion is completed, the trainees attend a three-day simulation lab which is held at the CCFD Training Division's training center. For the simulation, each trainee must successfully serve as the Incident Commander (IC) in a fast attack position and a strategic command position for each of five different building types to become certified. CCFD plans to begin the online training during the second quarter of FY 2024, subject to the award of the grant. The grant funds will also be used for training equipment including two-way radios with chargers, an iPad case for 10 iPads with a charging station, a case for radios and other equipment, and command boards. The Port of Corpus Christi Community Grant was started in 2015; however, this is the first time that CCFD has applied for the grant. CCFD expects to receive the grant funds from the Port of Corpus Christi before the end of 2023. ALTERNATIVES: The alternative is to not accept the grant and seek alternative funding for the critical equipment and Incident Command training. However, the FY 2024 General Fund Budget does not have funds dedicated for this training. FISCAL IMPACT: Acceptance of the funding in the amount of $44,696.90 and appropriating $44,696.90 to the FY 2024 Fire Grants fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 840034L Department Number: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment 530350 Training Amount: $44,696.90 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate a grant totaling $44,696.90 for incident command training and equipment, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of a grant totaling $44,696.90 from the Port of Corpus Christi Authority for the Port of Corpus Christi Community Grant for Blue Card incident command training for 40 emergency personnel and training equipment for the Corpus Christi Fire Department; and appropriating $44,696.90 in the Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant totaling $44,696.90 from the Port of Corpus Christi Authority for the Port of Corpus Christi Community Grant for Blue Card incident command training for 40 emergency personnel and training equipment for the Corpus Christi Fire Department. SECTION 2. The City Council designates the Fire Chief as the authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 3. That $44,696.90 is appropriated in the No. 1062 Fire Grants Fund from the Port of Corpus Christi Authority for the Port of Corpus Christi Community Grant described in Section 1 . SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the Port of Corpus Christi Authority in full. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary so �o p A PH v AGENDA MEMORANDUM RCORPOR I 1St Reading Ordinance for the City Council Meeting of November 28, 2023 1852 2nd Reading Ordinance for the City Council Meeting of December 5, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2(a)cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award FY 2023 Residential Street Rebuild Program CAPTION: Ordinance authorizing a construction contract to J.E. Construction Services, LLC for Base Bid I in the amount of $5,135,727.00, to Mako Contracting for Base Bid J in the amount of $5,215,843.00, and to Grace Paving and Construction, Inc. for Base Bid K in the amount of $4,564,072.10, all from Corpus Christi, Texas, for the FY 2023 Residential Street Rebuild Program located Citywide, with FY2024 funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds; appropriating $8,718,007.34 from the unreserved fund balance; and amending the FY 2024 Operating and Capital Budget. SUMMARY: This ordinance approves three construction contracts for Base Bids I, J, & K for the FY 2023 Residential Street Rebuild Program (RSRP)to reconstruct 15 streets located Citywide. These are the last 3 contracts with the old approach. The FY 2023 Residential Street Rebuild Program funds were budgeted to be spent in FY 2023. As the portion of the streets were still in design at the close of the fiscal year. Therefore, the FY23 funds were rolled into the unreserved fund balance. This action will appropriate$8,718,007.34 required for the street construction from the unreserved fund balance to the FY 2024 Operating and Capital Budget. BACKGROUND AND FINDINGS: The RSRP is a City-wide program that will repair selected residential streets citywide by extending the life and structural integrity of existing pavement through rehabilitation or replacing failed pavement through reconstruction of a pavement section to current City standards with limited sidewalk repairs, ADA ramps, striping, and pavement markings. The FY 2023 RSRP will utilize three construction contracts (Base Bid I, Base Bid J, and Base Bid K)to complete the reconstruction or rehabilitation of approximately 15 residential streets Citywide. The list of streets is attached. These are the last 3 contracts with the old approach. The FY 2024 RSRP will be implemented as a Rapid Pavement program. The FY 2024 bids are scheduled to open on December 13th, 2023. The contracts will be presented to Council action in January 2024. PROJECT TIMELINE: 2022-2023 2023 2023-2025 May - July August - November December - June Design Bid/Award Construction Project schedule reflects City Council award in November 2023, with anticipated construction completion by June 2025. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on September 18, 2023, for Residential Street Rebuild. The City analyzed the submitted bids in accordance with contract documents and determined J.E. Construction Services, LLC for Base Bid I, Mako Contracting for Base Bid J, and Grace Paving and Construction, Inc. for Base Bid K were the lowest responsive and responsible bidders. A summary of the bids is provided below. Bidder Base Bid I Base Bid J Base Bid K 1 Anderson Columbia, Inc. $5,231,663.00 No Bid $5,829,034.00 2 Mako Contracting $5,144,031.06 $5,215,843.00 $5,611,984.38 3 LLCk Pipeline Services, $6,369,305.18 $6,136,934.72 $6,961,988.62 4 Bay Ltd $5,996,286.00 No Bid $6,826,872.00 5 A. Ortiz Construction & $5,880,267.76 No Bid No Bid Paving, Inc. 6 JE LLC Construction Services, $5,135,727.00 $6,889,525.00 $6,360,243.00 7 Grace Paving and No Bid No Bid $4,564,072.10 Construction, Inc. Engineer's Opinion of Probable Construction $5,723,414.50 $5,546,898.38 $5,919,365.66 Cost J.E. Construction Services, LLC has successfully completed several street projects with the City of Corpus Christi. Some of the recently completed projects include Long Meadow Road Reconstruction (18030A), Airline Road Reconstruction (18004A), and Residential Street Rebuild Program (18164A). Mako Contracting has successfully completed several street projects with the City of Corpus Christi. Some of the recently completed projects include SEA District Improvements(E12134), Lipes Boulevard (18029A), Downtown Road and Streetscapes Improvements (E15098), and Community Park Development and Improvements — Bill Witt Park (E14002). Grace Paving and Construction, Inc. has successfully completed several street projects with the City of Corpus Christi. Some of the recently completed projects include Residential Street Rebuild Program Base Bid G (18164A), Minor Street Improvement IDIQ (19061A/19062A/19063A) — Yearl, Year 2, and Year 3. ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, J.E. Construction Services, LLC for Base Bid I, Mako Contracting for Base Bid J, and Grace Paving and Construction, Inc. for Base Bid K. This would delay the project and conflict with City Council's goal to expedite the street reconstruction and rehabilitation program. FISCAL IMPACT: The fiscal impact for FY 2024 is an amount of $14,915,642.10 with funding available from the Residential Street Rebuild Program Fund and Storm Water, Wastewater, Water and Gas Capital Funds. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2023 but was delayed to FY 2024. The project is ready to be implemented. Fund: Street—(Fund 1042) Department: Street (Dept 33) Organization: ResStreetRecnt (Org 12440) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Construction (550910) Activity: 18164A-1042-EXP Amount: $8,718,007.34 Fund: Storm Water- StrmWtr 2023CIP (Fund 4534) Department: Storm Water (Dept 47) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Construction (550910) Activity: 18164A-4534-EXP Amount: $3,059,564.12 Fund: Water-WTCP RR 032950 2023 (Fund 4487) Department: Water (Dept 45) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Construction (550910) Activity: 18164A-4487-EXP Amount: $1,558,330.87 Fund: Wastewater-WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (Dept 46) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Construction (550910) Activity: 18164A-4260-EXP Amount: $1,562,923.09 Fund: Gas —Gas Cap Resv (Fund 4560) Department: Gase (Dept 11) Project No.: Residential Street Rebuild Program (Project #18164A) Account: Construction (550910) Activity: 18164A-4560-EXP Amount: $16,816.68 Overall Total $14,915,642.10 RECOMMENDATION: Staff recommends awarding construction contract to J.E. Construction Services, LLC for Base Bid I in the amount of $5,135,727.00, Mako Contracting for Base Bid J in the amount of $5,215,843.00, and Grace Paving and Construction, Inc. for Base Bid K in the amount of $4,564,072.10 with construction starting in December 2023 and completed by June 2025. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Bid Tabs CIP Page Power Point Presentation Street List Ordinance authorizing a construction contract to J.E. Construction Services, LLC for Base Bid I in the amount of $5,135,727.00, to Mako Contracting for Base Bid J in the amount of$5,215,843.00, and to Grace Paving and Construction, Inc. for Base Bid K in the amount of $4,564,072.10, all from Corpus Christi, Texas, for the Residential Street Rebuild Program located Citywide, with FY2024 funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds; appropriating $8,718,007.34 from the unreserved fund balance; and amending the FY 2024 Operating and Capital Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2023-2024 Operating Budget, adopted by Ordinance No. 033151 , is amended to appropriate $8,718,007.34 from the unreserved fund balance to Fund 1042 and increase expenditures by $8,718,007.34. SECTION 2. The FY 2023-2024 Capital Budget, adopted by Ordinance No. 033152, is amended to increase revenue & expenditures by $8,718,007.34. SECTION 3. The City Manager or designee is authorized to execute a construction contract with J.E. Construction Services, LLC for Base Bid I in the amount of $5,135,727.00, Mako Contracting for Base Bid J in the amount of $5,215,843.00, and Grace Paving and Construction, Inc. for Base Bid K in the amount of $4,564,072.10 for the Residential Street Rebuild Program. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: AngieG.- DESIGN ENGINEER:Gabnel Ortiz,P.E.,CFM BID DATE:Wednezday,Ootober18,2023 RFB 5209 J.E.Construction Services,LLC Mako Contracting Anderson Colum bia Co.,Inc. A.Ortiz Construction B Paving,Inc. Bay Ltd. Clark Pipeline Services,LLC PROJECT NO.18160A an d Residential Str'M Rebuild Program(Part I,J B K) ]505 Up River Rtl. 3636 S.AIametla71,.�153 1402 Holly Rd 102 Airport Rtl. 401 Com Pm ducts Rtl.HWYBLD#1 6228 Leopard Street BASE BIDi Corpus Christi,TX 78409 Corpus Ch-,TX 78411 Corpus Cbristi,TX 78417 CXp115 Christi,TX 78405 Corpus Christi,TX 78412 CXp115 Christi,TX 78409 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT Pa A-GENERAL P.,SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) -A1 Moblllza0on Mas.5%ot PartA LS 1 $ 2,00000 $ 2,00000 $ 7,00000 $ 7,00000 $ 25,00000 1 25,00000 $ 11,00125 $ 11,00125 $ 3,40000 $ 3,40000 $ 10]0361 $ 1076361 -A2 BONDS ANO INSURANCE MAX 2% ALEll $ 4800000 $ 4800000 $ 0000000 $ 0000000 $ 3440000 $ 3440000 $ 11000000 $ 11000000 $ 3823200 $ 3823200 $ 8250000 $ 8250000 STRORMWATER POLLUTION PREVENTION PLAN(SWEEP)(PER STREET SEGMENT -A3 EXCLUDING STROMWATER STRUCTURE PROTECTION BARRIER EA $ 1,00000 $ 3,80000 $ 3,00000 $ 0,00000 $ 10,00000 $ 20,00000 $ 4,50000 $ 0,00000 $ 4,10000 $ 8,20000 $ 25,80000 $ 51,00000 -A4 STORM-TER STRUCTURE PROTECTION BARRIER FOR SWEEP EA $ 20000 $ 8,00000 $ 15000 $ 0,00000 $ 50000 $ 20,00000 $ 25000 $ 10,00000 $ 35000 $ 14,00000 $ 32250 $ 12,00000 1-A5 OZONE ACTION GAYS GAY $ 1 o $ 5 o $ 1 o $ 5 o $ 1 o $ 5 o $ 1 o $ 5 o $ 12300 $ 61500 $ 45150 $ 225750 -A6 TRAFFIC CONTROL PLAN PREPARATION EA $ 5 200 00 $ 10 400 00 $ 480000 $ 060000 $ 5 000 00 $ 10 000 00 $ 12 000 00 $ 24 000 00 $ 4 700 00 $ 040000 $ 5 160 00 $ 1032000 -A7 TRAFFI C CONTROL MOBILIZATION,IMPLEMENTATION,ANO ADJU STM ENTS MO $ 1,00000 $ 32,30000 $ 1,80000 $ 30,60000 $ 23,00000 $ 301,00000 $ 4,00000 $ 68,00000 $ 8,21500 $ 130,65500 $ 3,134.11 $ 53,27007 AS DOOR HANGERS,PRINTEDAND DELIVERED 2PER RESIDENCE EA $ 300 $ 70200 $ 500 $ 1,17000 $ 2250 $ 5,26500 $ 3000 $ 7,02000 $ 5000 $ 11 700 00 $ 1032 $ 2,41408 1-Ad ALLOWANCES—RUNANTCPATED GENERALAcnvm3s AL $ 10,00000 $ 10,00000 $ 10,00000 $ loPoo oo $ loPoo oo $ loPoo oo $ loPoo oo $ loPoo oo $ loPoo oo $ 1opoo oo $ lo,00000 $ lo,00000 SUBTOTALPARTA-GENERAL(Itemzl-AITHRUI-A9 $ 115,207.00 $ 160,375.00 $ 515,6]0.00 $ 209,926.25 $ 235,202.00 $ 236,035.86 Part B-STREET IMPROVEMENTS P.,SECTION 01 29 01 MEASUREMENTAND BASIS FOR PAYMEN -31 Mob111za0on Mas.5%ot Part3 LS 1 $ 33 200 00 $ 33 200 00 $ 120 000 00 $ 120 000 00 $ 102 000 00 $ 10200000 $ 14504263 $ 14504263 $ 64 240 00 $ 64 240 00 1 15288034 $ 15288034 -32 21NCH HMAC TYPED SY 12,510 $ 2200 $ 275,41800 $ 26.15 $ 327,37105 $ 1600 $ 200,30400 $ 2600 $ 325,40400 $ 1800 $ 225,34200 $ 2033 $ 367,13227 -33 31NCIT HMAC TYPED SY 3486 $ 3000 $ 10458000 $ 3628 $ 12647208 $ 2300 $ 8017800 $ 3500 $ 12201000 $ 2200 $ 7660200 $ 4178 $ 14564508 -34 11 NGLE COURSE SURFACE TREATMENT SY 16005 $ 500 $ 8002500 $ 651 $ 10410255 $ 305 $ 6161025 $ 850 $ 13604250 $ 300 $ 4801500 $ 807 $ 14356405 -35 PRIME COAT MC 30020 GAUSY GAL 3201 $ 500 $ 16 005 00 $ 773 $ 24 743 73 $ 580 $ 1856580 $ 600 $ 1020600 $ 500 $ 16 005 00 $ 807 $ 2775267 -36 RECONSTRUCTION-BINCH MINIMUM CRUSHED LIMESTONE BASE TYPEA GRADE I-2 SF 12510 $ 3500 $ 43816500 $ 3600 $ 45068400 $ 3200 $ 40060800 $ 3200 $ 40060800 $ 3500 $ 43816500 $ 37.12 $ 46470528 -37 RECONSTRUCTION-10INCH MINIMUM CRUSHED LIMESTONE BASE TYPE A GRADE I-2 SY 3486 $ 3000 $ 13505400 $ 4000 $ 13044000 $ 3400 $ 11852400 $ 3700 $ 12808200 $ 3800 $ 13246800 $ 4128 $ 14300208 -38 RECONSTRUCTION-81NCH STABILIZED SUBGRADE B%LIME3%CEMENT SY $ $ $ $ $ $ $ 2800 $ $ $ $ $ -38 RECONSTRUCTION-BINCH STABILIZED SUBGRADE 10%LIME 4%CEMENT SY 10386 $ 2400 $ 465 264 00 $ 2700 $ 523 422 00 $ 1000 $ 36833400 $ 3700 $ 71728200 $ 2700 $ 523 422 00 $ 2077 $ 57712122 -310 RECONSTRUCTION-12INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 16005 $ 200 $ 32 010 00 $ 400 $ 64 020 00 $ 225 $ 3601125 $ 400 $ 6402000 $ 300 $ 4801500 $ 645 $ 10323225 -311 IRECONSTRUCTION-STREET EXCAVATION(ASPHALT BASE AND SUBGRADE CY 6031 $ 2600 $ 15810600 $ 2250 $ 13682250 $ 2300 $ 13086300 $ 6500 $ 30526500 $ 2100 $ 127 701 00 $ 7740 $ 47066040 -312 PAVEMENT REPAIR SF 860 $ 2800 $ 24,08000 $ 42.10 $ 36,20600 $ 1100 $ 0,46000 $ 10000 $ 36,00000 $ 3500 $ 30,10000 $ 10528 $ 00,54000 B13 RAISED PAVEMENT MARKERS TYPE II-B-3 FIRE HYDRANT MARKING EA 6 $ 2600 $ 15600 $ 2400 $ 14400 $ 2200 $ 13200 $ 2500 $ 15000 $ 48000 $ 288000 $ 2580 $ 15400 -314 CONCRETE DR IVEWAY DEMOLITION SF 21666 $ 200 $ 43 332 00 $ 300 $ 6400800 $ 320 $ 6033120 $ 500 $ 10833000 $ 400 $ 36 664 00 $ 645 $ 13074570 -315 ASPHALT DRIVE WAY DEMOLITION SF 260 $ 200 $ 52000 $ 400 $ 1 040 00 $ 000 $ 23400 $ 1000 $ 2 600 00 $ 600 $ 1 560 00 $ 553 $ 143700 -316 GRAVEL DRIVEWAY DEM OLITION SF 100 $ 200 $ 20000 $ 300 $ 30000 $ 200 $ 20000 $ 1000 $ 1,00000 $ 800 $ 80000 $ 553 $ 55300 -317 6-INCH CONCRETE DRIVEWAY SF 24 803 $ 1300 $ 323 60000 $ 1000 $ 248 03000 $ 1400 $ 348 50200 $ 1000 $ 248 03000 $ 000 $ 224 03700 $ 1007 $ 273 07621 -318 ADJUSTMENT OF EXISTING MANHOLE RING\COVER IN ROADWAY(SEWER STORM EA 2 $ 2 200 00 $ 4 400 00 $ 3 000 00 $ 6 000 00 $ 2 430 00 $ 486000 $ 150000 $ 3 000 00 $ 200000 $ 580000 $ 261580 $ 5 231 60 ADJUSTMENT OF EXISTING MANHOLE RING\COVER AND INSTALL NEW RING/COVER IN -319 ROADWAY EA 1 $ 3,60000 $ 3,60000 $ 3,84000 $ 3,84000 $ 3,28000 $ 3,28000 $ 2,50000 $ 2,50000 $ 3,20000 $ 3,20000 $ 3,07305 $ 3,07305 -320 ADJUSTMENT OF EXISTING VALVE BOX AND INSTALL NEWVALVE BOX WATER GAS EA 1 $ 80000 $ 80000 $ 00000 $ 00000 $ 00500 $ 00500 $ 75000 $ 75000 $ 180000 $ 180000 $ 01074 $ 01074 -321 ADJUSTMENT OF EXISTING VALVE BOX AND INS TALL NEW VALVE BOX WATER,GAS EA 4 $ 1,30000 $ 5,20000 $ 1,44000 $ 5 760 00 $ 1,18000 $ 4 720 00 $ 1,25000 $ 5,00000 $ 170000 $ 6,80000 $ 1,880.18 $ 7,52072 -322 SPEED TABLE/SPEED HUMP EA 2 $ 4,30000 $ 8,60000 $ 5,23250 $ 10,46500 $ 670000 $ 13,58000 $ 3,05000 $ 7,00000 $ 6,20000 $ 12,40000 $ 6,51450 $ 13,02000 -323 REM OVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 50 $ 3000 $ 105000 $ 7500 $ 375000 $ 8300 $ 415000 $ 10000 $ 500000 $ 32000 $ 16 000 00 $ 7005 $ 354750 -324 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 50 $ 7800 $ 300000 $ 7500 $ 375000 $ 8300 $ 415000 $ 10000 $ 500000 $ 32000 $ 1600000 $ 5805 $ 200250 1-325 PROPOSED STEP LF 10 $ 2300 $ 23000 $ 5000 $ 50000 $ 3400 $ a4o00 $ loo oo $ 1,00000 $ 40000 $ 4,00000 $ 10e e5 $ 1,0ee so 1-326 NEW SIGNAGE EA 35 $ 17600 $ 6,16000 $ 16200 $ 5 670 00 $ 14900 $ 5 215 00 $ 20000 $ 7,00000 $ 1 700 00 $ 5950000 $ 174.15 $ 6,09525 -327 NEW STREET BLADE NAME SIGNS EA 17 $ 20000 $ 3 400 00 $ 10800 $ 3 366 00 $ 13200 $ 300400 $ 25000 $ 4 250 00 $ 77000 $ 1300000 $ 21285 $ 361845 -328 REMOVAL OF EXISTING SIGNAGE EA 25 $ 7800 $ 105000 $ 7200 $ 180000 $ 6600 $ 165000 $ 10000 $ 250000 $ 41000 $ 1025000 $ 7740 $ 103500 -320 SI GN SU PPORT ASSEM FLY TRIAN GU LAR SLI PBASE SYSTEM EA 27 $ 62000 $ 1674000 $ 57000 $ 15,30000 $ 52500 $ 14,17500 $ 65000 $ 17,55000 $ 1,40000 $ 37,80000 $ 61275 $ 16,54425 -330 SODDING,CLEARING AND GRADING SY 2,860 $ 1200 $ 34,32000 $ 1800 $ 51,48000 $ 2500 $ 71,50000 $ 1500 $ 42,00000 $ 2000 $ 57,20000 $ 1677 $ 47,06220 -331 WATER SERVICE LINE ADJUSTMENTS LF 100 $ 60000 $ 60 000 00 $ 4560 $ 456000 $ 4200 $ 420000 $ 5000 $ 500000 $ 30000 $ 3000000 $ 21055 $ 2105500 -332 TYPE"C'PREFABRI CATED STOP BAR STRI PI NG 241NCH LF 11 $ 3200 $ 35200 $ 3000 $ 33000 $ 2800 $ 30800 $ 3000 $ 33000 $ 53000 $ 583000 $ 3225 $ 35475 -333 TYPE1 REFLEC77 PAVEMENT M ARKI NG LELLO SOLID 41NCH LF 084 $ 200 $ 1,06800 $ 100 $ 1 771 20 $ 165 $ 1,62360 $ 200 $ 1,06800 $ 1000 $ 0,84000 $ 104 $ 1,00806 -334 TYPE1 REFLECTIVE PAVEMENT MARKING WHITE SOLID &INCH LF 305 $ 300 $ 1,18500 $ 300 $ 1,18500 $ 275 $ 1,03625 $ 300 $ 1,18500 $ 1000 $ 3,05000 $ 323 $ 1,27585 -335 RAISEDPAVEM ENT M ARKEAS TT HE II-B-3 EA 4 $ 2600 $ 10400 $ 2400 $ 0600 $ 2200 $ 8800 $ 2500 $ 10000 $ 7200 $ 28800 $ 2580 $ 10320 -336 ALLOWANCE F OR UNANTICIPATED STREET IMPROVEMENTS AL 1 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 SUBTOTAL PAR TB-STREET IMPROVEMENTS(Items l-B1 tbru l-B36) $ 2,335,083.00 $ 2,539,399.91 $ 2,102,971.35 $ 3,060,]95.13 $ 2,389,850.00 $ 3,291,229.07 Part C-ADA IMPROVEMENTS IF.,SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) -C1 MoblLizdtL Max.5%ot PdDC LS 1 $ 070000 $ 070000 $ 25,00000 $ 25,00000 $ 1,00000 $ 1,00000 $ 21,88233 $ 21,38233 $ 21,84000 $ 21,84000 $ 2473808 $ 2473808 -C2 4-INCH CONCRETE SIDEWALK SF 34,538 $ 000 $ 310,84200 $ 000 $ 310,84200 $ 1100 $ 370,01800 $ 800 $ 276,30400 $ 1300 $ 448,00400 $ 000 $ 341,58002 -C3 SIDEWALK DEM OLITITI ON SF 25800 $ 200 $ 5170800 $ 400 $ 10350600 $ 2.15 $ 5568285 $ 350 $ 0064650 $ 300 $ 7760700 $ 344 $ 8000256 -C4 CONCRETE CURB RA M P SF 1617 $ 2800 $ 4527600 $ 2800 $ 4527600 $ 2600 $ 4204200 $ 2300 $ 3710100 1 2000 $ 4680300 $ 3102 $ 5145204 -05 CURB RAMP DEMOLITION SF 300 $ 200 $ 60000 $ 400 $ 1,20000 $ 325 $ 07500 $ 500 $ 1,50000 $ 1800 1$ 5,40000 $ 5.16 1$ 1,54800 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: AngieG.- DESIGN ENGINEER:Gabnel Ortiz,P.E.,CFM BID DATE:Wedne.day,Ootober18,2023 RFB 5209 J.E.C.-t-tion Service.,LLC Mako Contracting Ander.on Colum bia Co.,Ino. A.Ortiz Co-d-tion B Paving,Ino. Bay Ltd. Clark Pipeline Service.,LLC PROJECT NO.18160A and R..idential Stf'M Rebuild Program(Part I,J B K) ]505 Up River Rtl. 3636 S.AIametla71,.�153 1402 Holly Rd 102 Airport Rtl. 401 Com Pm ducts Rtl.HWYBLD#1 6228 Leopard Street BASE BIDi Corpus Christi,TX 78409 Corpus Ch-,TX 78411 Corpus Ch, TX 78417 CXp115Cbristi,TX78405 Corpus Christi,TX 78412 CXp115 Christi,TX 78409 ITEM DESCRIPTION UNIT QTY UNITPRICEM$ l UNITPRICE AMOUNT UNITPRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT -CB 0-INCH HEADER CURB LF 133 $ 2000 $ 2000 $ 200000 $ 1400 $ 180200 $ 3500 $ 405500 $ B7 00 $ 11 571 $ 0542 $ 8]0080 -C7 TYPE'C PREFABRI CATER CROSSWALK STRIPING 12-INCH LF 50 $ 1500 $ 1440 $ 72000 $ 1300 $ 05000 $ 1500 $ 75000 $ 24000 $ 1200000 $ 1548 $ 77400 -GB TYPE'C PREFABRICATED CROSSWALK STRI PI NG 241NCH LF 50 $ 3300 $ 3000 $ 1,50000 $ 2800 $ 1,40000 $ 3200 $ 1,00000 $ 24000 $ 12,00000 $ 3225 $ 1,01250 -G9 ALLOWANCE FOR UNANTICI PATER ADA IMPROVEMENTS AL 1 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 .To PART C-ADA IMPROVEMENTS Item.l-C1 tbru l-C9 $ 009,073.00 $ 515,]90.00 $ 508,529.85 $ 059,528.83 $ 661,395.00 $ 500,099.76 Part D-DRAINAGE IMPROVE MENTIS er SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) -D1 Moblllza0on Mas.5X"PartD LS 1 $ 36 000 00 $ 36 000 00 $ 5500000 $ 5500000 $ 100000 $ 100000 $ 54 143 30 $ 54 143 30 $ 3833000 $ 3833000 $ 6280008 $ 6280008 I-D2 DEMOLITI ON OF EX STIN G INLET 0.5 FEET DEEP EA 3 $ 1 400 00 $ 4 200 00 $ 1 725 00 $ 5 175 00 $ 64200 $ 102600 $ 3 000 00 $ 000000 $ 2 200 00 $ 000000 $ 103500 $ 580500 I-D3 DEMOLITION OF EXISTI N G M AN H OLE 510 FEET DEEP EA 1 $ 2 000 00 $ 2 000 00 $ 2 300 00 $ 2 300 00 $ 87000 $ 87000 $ 4 500 00 $ 4 500 00 $ 1 600 00 $ 1 600 00 $ 3 225 00 $ 3 225 00 I-D4 EXISTING CURB INLET TOP ADJUSTM ENT REMOVEAND REPLACE,5'THROATTYP. EA 2 $ 5,20000 $ 10,40000 $ 4,02500 $ 8,05000 $ 4,31000 $ 0,02000 $ 3,00000 $ 0,00000 $ 1,50000 $ 3,00000 $ 3,03450 $ 7,30000 I-D5 NEW CURB INLETS 5'THROAT OPENING MAX.0.3.5'X 5'0-5 FEET DEEP EA 4 $ 0 00000 $ 38 40000 $ 0 00000 $ 27 00000 $ 0 20000 $ 24 80000 $ 4 50000 $ 18 00000 $ 7 00000 $ 31 00000 $ 4 587 24 $ 18 34800 I-DB NEW CURB INLETS 5'THROAT OPENI NG MAX.10.3.5'X 5'5-10 FEET DEEP EA 10 $ 000000 $ 0000000 $ 802500 $ 3025000 $ 705000 $ 7050000 $ 6 000 00 $ 60 000 00 $ 828000 $ 8280000 $ 541800 $ 5418000 I-D7 NEW CU RE IN LET 5'TH ROST OP EN I NG MAX.10.45'X 5' 5-10 FEET DEEP EA $ $ $ $ $ $ $ 800000 $ $ $ $ $ 1-DS NEW4-INCH CURB AND GUTTER LF $ $ $ $ $ $ $ 2500 $ $ $ $ $ 1-D9 NEW 6I INCH CURB AND GUTTER LF 10138 $ 3300 $ 334 554 00 $ 2800 $ 28380400 T-3 9 00 $ 30538200 $ 2800 $ 28380400 $ 4200 $ 42570000 $ 30.10 $ 30515300 1-D10 TYPEB'STORM MANHOLE 10.4X4 0-5FEET DEEP EA 2 $ 12 000 00 $ 24 000 00 $ 1150000 $ 23 000 00 $ 7 620 00 $ 1524000 $ 6 750 00 $ 13 500 00 $ 6 200 00 $ 12 400 00 $ 802500 $ 17 250 00 I-D11 TYPE'C STORM MANHOLE(I D 4'X4' 5-10 FEETDEEP EA 7 $ 13 000 00 $ 0100000 $ 17 250 00 $ 120 750 00 $ 1000000 $ 7000000 $ 875000 $ 61 250 00 $ 6 100 00 $ 42 700 00 $ 0722.10 $ 0805470 1-D12 CURB&GUTTER DEMOLITION P PINCH,6I INCH AND DRIVEWAY LF 0,304 $ 500 $ 40,47000 $ 800 $ 70,15200 $ 1100 $ 108,83400 $ 700 $ 00,25800 $ 700 $ 00,25800 $ 003 $ 80,34282 1-D13 VALLEY GUTTER SF 607 $ 1400 $ 840800 $ 1200 $ 728400 $ 3300 $ 20 031 00 $ 2500 $ 15 175 00 $ 4800 $ 2013600 $ 4042 $ 2453404 1-D14 VALLEY GUTTER DEMOLITI ON SF $ $ $ $ $ $ $ 500 $ $ $ $ $ 1-D151&INCH ARCH REI NFORCED CONCRETE PIPECLASS IV LF $ $ $ $ $ $ $ 27500 $ $ $ $ $ -D18 1&INCH REINFORCED CONCRETE PIPE CLASS 111 LF 1,455 $ 17600 $ 250,08000 $ 13800 $ 20070000 $ 17600 $ 250,08000 $ 16500 $ 240,07500 $ 16000 $ 232,80000 $ 22808 $ 333,16500 1-D17 241NCH REINFORCED CONCRETE PIPE CLASS 111 LF 702 $ 10000 $ 15048000 $ 17250 $ 13002000 $ 10300 $ 15285000 $ 20000 $ 15840000 $ 10000 $ 15048000 $ 22056 $ 13131152 1-D18 CONNECTTO ED I STING STORM STRUCTUREORPIPE EA 5 $ 1 300 00 $ 6 500 00 $ 57500 $ 287500 $ 2 300 00 $ 1150000 $ 375000 $ 1875000 $ 4 400 00 $ 22 000 00 $ 448500 $ 22 425 00 -D19 CONCRETE COLLAR 1&241 N CH PI PE EA 5 $ 1 300 00 $ 6 500 00 $ 57500 $ 287500 $ 50200 $ 200000 $ 3 250 00 $ 16 250 00 $ 155000 $ 7 750 00 $ 225750 $ 1128750 1-D20 CON CRETE COLLAR IF 01 N CH PI PE EA $ $ $ $ $ $ $ 3,50000 $ $ $ $ $ 1-D21 REMOVAL OF REINFORCED CONCRETE PIPE 12-151NCH LF 170 $ 5200 $ 884000 $ 2875 $ 488750 $ 3000 $ 510000 $ 5000 $ 850000 $ 6500 $ 1105000 $ 7525 $ 1270250 1-D22 REM OVAL OF REINFORCED CONCRETE PIPE 18-241NCH LF $ $ $ $ $ $ $ 0000 $ $ $ $ $ 1-D23 TRENCH SAFETY FOR STORMWATERLIN ES 0-5FEETDEEP LF 60 $ 200 $ 12000 $ 240 $ 14400 $ 005 $ 5700 $ 1000 $ 60000 $ 4000 $ 204000 $ 14.10 $ 85140 I-D24 TRENCH SAFETY FOR STORM- LI NES 5-10 FEET DEEP LF 2,137 $ 300 $ 0,56100 $ 240 $ 5,24800 $ 070 $ 1,53000 $ 1200 $ 20,24400 $ 6700 $ 140,52000 $ 2580 $ 50,42460 1-D25 TRENCH SAFETY FOR STORMWATERINLETS/TYPE'S'MANHOLE IF 5FEET DEEP) EA 16 $ 61000 $ 076000 $ 115000 $ 1840000 $ 8100 $ 120000 $ 150000 $ 24 000 00 $ 200000 $ 46 400 00 $ 141000 $ 22 704 00 -D26 TRENCHSAFETV FOR STORM WA TER INLETS/TYPE'CMANHOLE 5-10 FEETDEEP EA 7 $ 78300 $ 548100 $ 115000 $ 805000 $ 8200 $ 57400 $ 350000 $ 2450000 $ 430000 $ 3010000 $ 3 225 00 $ 2257500 -D27 ALLOWANCE FOR UNANTICI PATER STORM WATERIMPROVEMENTS AL 1 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 $ 25,00000 SUBTOTAL PARTD-DRAINAGE MPROVEMENTS(Item.l-D1 tbru l-D2]) $ 1,169,800.00 $ 1,103,315.30 $ 1,180,156.90 $ 1113],009.30 1$ 1,018,269.00 $ 1,305,691.]2 Part E-WATER IMPROVEMENTS IF.,SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) I-E1 MOBILIZATION MAX.5%PARTE LS 1 $ 35,00000 $ 35,00000 $ 30,00000 $ 30,00000 $ 1,00000 $ 1,00000 $ 30,26075 $ 30,26075 $ 24,11100 $ 24,11100 $ 33,07423 $ 33,07423 -E2 0-INCH OR B-INCHA CP.WATERLINE TO BE REMOVED AND DISPOSED LF 120 $ 8500 $ 10 200 00 $ 0200 $ 11 040 00 $ 8800 $ 10 560 00 $ 15000 $ 1800000 $ 0200 $ 11 040 00 $ 6063 $ 7 275 60 1-E3 0-INCH OR B-NCH CAST IRON WATERLINE TO BE REMOVED AND DISPOSED LF 60 $ 3000 $ 516000 $ 2875 $ 1 725 00 $ 2800 $ 108000 $ 7500 $ 4 500 00 $ 5200 $ 3 120 00 $ 4630 $ 277800 I-E4 EXISTINGINCH WATERLINE TO BE GROUT FILLED AND ABANDONED IN PLACE LF 1,748 $ 300 $ 5,24400 $ 1725 $ 30,15300 $ 1700 $ 2071600 $ 3000 $ 52,44000 $ 1200 $ 20,07600 $ 3704 $ 00,14432 1-E5 EXISTING&INCH WATERLINE TO BE GROUT FILLED AND ABANDONED IN PLACE LF 524 $ 500 $ 2,62000 $ 2875 $ 15,06500 $ 2800 $ 14,67200 $ 3500 $ 18,34000 $ 1600 $ 8,38400 $ 4300 $ 22,53200 I-E6 EXISTING FIRE HYDRANT ASSEMBLY TO BE REMOVED AND DISPOSED OF EA 3 $ 2 000 00 $ 6 000 00 $ 57500 $ 1 725 00 $ 55300 $ 165000 $ 75000 $ 2 250 00 $ 1 400 00 $ 4 200 00 $ 80077 $ 258231 1-E7 6-INCH GOOD PVC WATERLINE LF 1748 $ 0300 $ 10250400 $ 8025 $ 15070500 $ 8300 $ 14508400 $ 10000 $ 17480000 $ 0000 1 17305200 1 101,14 $ 17070272 I-Ed 8-INCH GOOD PVC WATERLINE LF 505 $ 10600 $ 53,53000 $ 0775 $ 40,30375 $ 0400 $ 47,47000 $ 10500 $ 53,02500 $ 11000 $ 55,55000 $ 11730 $ 50,20 000 1-E9 6-INCH DUCTILE IRON WATERLINE LF 70 $ 25400 $ 1778000 $ 13800 $ 0,00000 $ 13300 $ 0,31000 $ 12500 $ 875000 $ 12000 $ 8,40000 $ 10022 $ 11,63540 1-E10 8-INCH DUCTILE IRON WATERLINE LF 54 $ 26700 $ 1441800 $ 15525 $ 838350 $ 10000 $ 800400 $ 13500 $ 720000 $ 14000 $ 7 560 00 $ 20560 $ 1110240 1-El1 RECONNECT TO EXISTING WATER LINE EA 5 1 200000 $ 1450000 $ 4 025 00 $ 20 125 00 $ 387000 $ 1035000 $ 3 750 00 $ 1875000 $ 000000 $ 34 500 00 $ 1740.18 $ 873000 1-E12 WATER SERVICE RECONNECTION AND METER ADJUSTMENT EA 63 $ 3,00000 $ 180,00000 $ 2,24250 $ 141,27750 $ 2,16000 $ 130,08000 $ 50000 $ 31,50000 $ 5,00000 $ 371 700 00 $ 3,130.18 $ 10770834 1 E1 8-INCH X&INCH DI.TEE EA $ $ $ $ $ $ $ 1 750 00 $ $ $ $ $ 1-E14 e-wcHxalNCH D1.MJ.TEE EA 1 $ 2 000 00 $ 2 000 00 $ 103500 $ 103500 $ ee5oo $ ee5oo $ 2 750 00 $ 2 750 00 $ 2eoo oo $ 2 60 oo $ elate $ aaze 8-INCH OR&INCH LONG COUPLING CONNECTION TO ALL EXISTING MATERIALS(DL, I-E15 A.CP.,PVC EA 5 $ 1,70000 $ 8,50000 $ 4,02500 $ 20,12500 $ 3,87000 $ 10,35000 $ 1,35000 $ 675000 $ 3,50000 $ 17,50000 $ 77808 $ 3,80340 I-E16 8-INCH D.I.,MJ.45 DEG.BEND EA 12 $ 1,80000 $ 21,00000 $ 80500 $ 0,00000 $ 77400 $ 0,28800 $ 175000 $ 21,00000 $ 2,00000 $ 24,00000 $ 71727 $ 8,00724 -E17 0-I NCH D.I.M J.45 DE G.BE ND EA 22 $ 100000 $ 35 200 00 $ 57500 $ 12 650 00 $ 55300 $ 1210000 $ 150000 $ 3300000 $ 210000 $ 4620000 $ 45800 $ 10007.12 -E18 0-INCH D.I.CAP EA $ $ $ $ $ $ $ 100000 $ $ $ $ $ 1-E19 6-INCH D.I.,M J.WATER GATE VALVE EA 4 $ 270000 $ 10,80000 $ 2,24250 $ 8,07000 $ 2,10000 $ 8,04000 $ 375000 $ 15,00000 $ 3,00000 $ 12,00000 $ 174707 $ 0,00008 I-E20 8-INCH D.I.,M J.WATER GATE VALVE EA 2 $ 3,40000 $ 0,80000 $ 287500 $ 5 750 00 $ 270000 $ 5,52000 $ 4750 J0 $ 0,500 J0 $ 3,00000 $ 7,20000 $ 255177 $ 5,10354 I-E21 6-INCH WATERLINE ADJUSTMENT P 45 De re,B,nds and Ductile Iron Pie Per Ci Detail EA 4 $ 000000 $ 36 000 00 $ 5 750 00 $ 23 000 00 $ 553000 $ 2212000 $ 405000 $ 1080000 $ 800000 $ 3500000 $ 538370 $ 2153504 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: AngieG.- DESIGN ENGINEER:Gabnel Ortiz,P.E.,CFM BID DATE:Wedne.day,Ootober18,2023 RFB 5209 J.E.Cont-tion Service.,LLC Mako Contracting Ander.on Colum bia Co.,Inc. A.Ortiz Co-d-tion B Paving,Inc. Bay Ltd. Clark Pipeline Service.,LLC PROJECT NO.18160A and R..idential Stf'M Rebuild Program(Part I,J B K) ]595 Up River Rtl. 3636 S.AIametla71,.�153 1492 H,Ily Rd 192 Airport Rtl. 491 Com Pm ducts Rtl.HWYBLD#1 6229 Leopard Street BASE BIDi C9rpus Ch,dt,TX 79499 Corpus Ch,TA 79411 Corpus Ch, TA 79417 C9rp115 CM1ris TX 79495 Corpus Ch,t TX 79412 C9rp115 CM1risti,TX 79499 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-E229-INCHWATERLINE ADJUSTMENT 4-050e ree Bentlsantl0uctilelron Pie Per Ci Oe[ail EA $ $ $ $ $ �2 $ 5909 $ $ $ $ $ I-E23 FIREHYDRANTASSEMBLY TYPEI INCLUDES MAIN LINE FITTI NG EA 4 $ 11,59909 $ 49,99909 $ 9,92599 $ 34,59909 $ 9,29909 5909 $ 59,99909 $ 9,99909 $ 35,99909 $ ],134.11 $ 29,53944 I-E24 TRENCH SAFETY FOR WATERLINE INSTALLATION LF 2,377 $ 299 $ 475409 $ 239 $ 549].19 $ 229 1909 $ 2377909 $ 3909 $ 9279309 $ 307 $ 9,19999 -E25 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 9909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 SUBTOTAL PART E-WATER IMPROVEMENTS(Item.l-E1 tdd.l-E25) $ ]12,6]0.00 $ 615,039.85 $ 635,0]5.]5 $ 1,020,996.00 $ ]19,558.]6 TS I—SECTION 012901 MEASUREMENTS AND BASIS FOR PAYMENT) 1-E1 MOBILIZATION MAX.5%PART F LS 1 $ 1999909 $ 1999909 $ 1999909 $ 1999909 $ 1479909 $ 1479909 $ 1499259 $ 1499259 $ 1192909 $ 1192909 $ 971105 $ 971105 1-F2 DEMOLITIONOFEXISTIN GMANHOLE 9FEETDEEP EA $ $ $ $ $ $ $ 375909 $ $ $ $ $ 1-E3 DEMOLITION OF EXISTI NG MANHOLE 29 FEET DEEP EA $ $ $ $ $ $ 5,95909 $ $ $ $ $ 1-F4 PIPE BURST EXISTING 6IINCH VCP WITH 9-INCH HDPE LF $ $ $ $ $ $ $ $ $ $ $ $ 1-F5 PIPE BURST EXISTING&INCH VCP WITH 10 INCH HDPE DR 17 IPS LF 239 $ 39599 $ 9395909 $ 33949 $ 7599299 $ 32299 $ 7499909 $ 33909 $ 7599909 $ 33909 $ 7599909 $ 29107 $ 99949.19 I-F9 GROUT FILLAND ABANDON EXISTING&INCH WASTE WATERLINE LF $ $ $ $ $ $ $ 5909 $ $ $ $ $ 1-F7 9-INCH PVC WASTEWATER GRAVITY SEWER 20FEETDEEP LF $ $ $ $ $ $ $ 17599 $ $ $ $ $ I-E9 WASTEWATER SE RVI CE RECONNECTION EA $ $ $ $ $ $ $ 499909 $ $ $ $ $ 1-F9 RE-CONNECTWASTEWATER EA 2 $ 195909 $ 399909 $ 177909 $ 354909 $ 173909 $ 349909 $ 299909 $ 499909 $ 1199909 $ 2299909 $ 429799 $ 941599 1-F10 MANHOLE REHABILITATION COATING ISFEET DEEP EA $ $ $ $ $ $ $ 1259909 $ $ $ $ $ 1-Fll MANHOLE REHABILITATION COATING 15 FEET DEEP EA 1 $ 15,99909 $ 15,99909 $ 13,99909 $ 13,99909 $ 13,99909 $ 13,99909 $ 14,99909 $ 14,99909 $ 19,39909 $ 19,39909 $ 9,97599 $ 9,97599 I-F12 MANHOLE REHABI LITATION 42-INCHFRP INSERT 29FEET DEEP EA $ $ $ $ $ $ $ 2999909 $ $ $ $ $ -F13 14-FOOT OIAM ETER WASTEWATER MANHOLE 9FEET DEEP EA $ $ $ $ $ $ $ 2999909 $ $ $ $ $ -F14 4-FOOT OIAM ET ER WASTEWATER MANHOLE 29FEET DEEP EA $ $ $ $ $ $ $ 3999909 $ $ $ $ $ -F15 TRENCH SAFETY EOR WASTEWATER LINE NSTALLED BY OPEN CUT LF $ $ $ $ $ $ $ 1,59909 $ $ $ $ $ I-F16 TRENCH SAFETY FOR WASTEWATER MANHOLE 9 FEET DEEP EA $ $ $ $ $ $ $ 375999 $ $ $ $ $ 1-F17 TRENCHSAFETY FOR WASTEWATER MANHOLE(20 FEET DEEP EA $ $ $ $ $ $ $ 595909 $ $ $ $ $ I-F18 WASTEWATER BY-PASS PUMPING EA 1 $ 17999909 $ 17999909 $ 5999909 $ 5999909 $ 14999959 $ 14999959 $ 15999909 $ 15999909 $ 4299909 $ 4299909 $ 9395909 $ 9395909 1-F19 DEWATERINGEA 1 $ 32,99909 $ 32,99909 $ 29,75909 $ 29,75909 $ 29,99909 $ 29,99909 $ 29,75909 $ 29,75909 $ 13,99909 $ 13,99909 $ 32,25909 $ 32,25909 1-E29 ALLOWANCE FOR UNANTICIPATED WASTEWATERIMPROVEM IMPROVEMENTS AL 1 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 SUBTOTAL PART F-WASTEWATER IMPROVEMENTS(I-F1 THRU 1-F20) $ 305,850.00 $ 20],082.00 $ 309,020.50 $ 312,532.50 $ 205,220.00 $ 228,908.91 OVEMENTS e -G1 MOBILIZATION MAX.5%PARTG LS 1 1$ 39909 $ 39909 $ 12599 1$ 12599 1$ 109 $ 109 $ 1759909 $ 1759909 $ 35909 $ 35909 $ 159.19 $ 159.19 -G2 BECOMPLETETEDBYTHE CITYGAS DEPARTMENT) LF 199 $ 9909 $ 9,99909 $ 2599 $ 2,59909 $ 3909 $ 3,99909 $ 3599 $ 3,59909 $ 95909 $ 95,99909 $ 3102 $ 3,19299 SUBTOTAL PARTG-GAS SYSTEM IMPROVEMENTS(I-G1 THRU 1-G2) $ 7,200.00 $ 2,625.00 $ 3,901.00 $ 21,000.00 1$ 65,350.00 1$ 3,301.10 TOTAL BASE BID I $ 5,135,727.00 $ 5,144,031.06 $ 5,231,663.00 $ 5,880,267.76 $ 5,996,286.00 $ 6,369,305.18 y b-,b-,rd-dNon-Rsp-n orNo,.a, -bi.^.^ TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Angie Garza DESIGN ENGINEER:Gabriel Ortiz,P.E.,CFM BID DATE:Wednesday,October 18,2023 RFB5249 Mako Contracting Clark Pipeline Servicez,LLC J.E.Conztructio Se icez,LLC PROJECT NO.18164A and Residential Street Rebuild Program(Part I,J 8 K) 3838 S.Alametla S[e.3153 8228 Leo d Sheet ]505 Up River Rtl. BASE BID Corpus... TX 78411 Corpus CM1nsti,TX 78409 COIp115 Ch,t, 78409 ITEM DESCRIPTION UNIT QTY UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT Part A-GENERAL IF.,SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) MOBILIZATION PART A) LS 1 $ 800000 $ 800000 ffio ' 0 $ 1701270 $ 210000 $ 210000 BONGSAND INSURANCE MAX 2% AL 1 $ 0000000 $ 0000000 0 $ 32500006000000 $ 60000008 STORM WATER POLLUTION PREVENTION PLAN(SWPPP)(PER STREET SEGMENTEXCLUDING STORMWATER STRUCTURE PROTECTON BARRIER EA 7 $ 300000 $ 2100000 0 $ 18000000200000 $ 1400000 STORMWATER STRUCTUREPROTECTION BARRER FOR SWPPP EA 25 $ 15000 $ 375000 0 $ 80025021500 $ 537500 I Al OZONEACTION DAYS DAY 5 $ 103 $ 5033 $ 225753103 $ 503PLAN PREPARATION EA 7 $ 180000 $ 1200000 0 $ 1354500220000 $ 1540000 ] TRAFFIC CONTROL MOBILIZATION IMPEMENTATION AND ADJUSTM ENTS MO 17 $ 250000 $ 4250000 10 $ 0240123 $ 270000 $ 4500000 DOOR HANGERS PRINTED AND DELIVERED 2HER RESI PENCE EA 274 $ 500 $ 137000 2 $ 28276 $ 300 $ B2200 9 ALLOWANCES FOR UNANTICIPATED GENERAL ACTIVmEsAL 1 $ 13,33300 $ 13,333000 $ 13,33300 $ 13,33300 $ 13,33300 SUBTOTAL PARTA-GENERAL(Items J-A1 THRUJ-A9) $ 189,225.00 $ 3]9,866.61 $ 153,602.00 Pa B-STREET IMPROVEMENTS P.,SECTION012901 MEASUREMENTAND BASIS FORPA YMEN J-31 MOBILIZATION MAX.5A PART LS 1 $ 11000000 $ 11000000 $ 11770833 $ 11770833 $ 3300000 $ 33 000 00 J-32 21NCH HMAC TYPED SY 7714 $ 2071 $ 20004054 $ 2007 $ 23118858 $ 2400 $ 18513000 J-33 31 NCH HMAC TYPED SY 5,155 $ 3724 $ 101,07220 $ 4003 $ 200,35465 $ 3400 $ 175,27000 J-34 SINGLECOURSESURFACE TREATMENT SY 12868 $ 001 $ 3763700 $ 0.11 $ 11723050 $ 800 $ 10205200 J-35 PRIME COAT MC 30 020 GAL/Sy' 2574 $ 843 $ 2100802 $ 046 $ 2435004 $ 000 $ 2310000 RECONSTRUCTION-9IINCH MINIMUM CRUSHED LIMESTONE BASE(TYPE A, J-36 GRADE I-2 SY 12,300 $ 3000 $ 463,28400 $ 37.12 $ 477,00723 $ 4300 $ 553,36700 RECONSTRUCTION-10 INCH MINIMUM CRUSHED LIMESTONE BASE(TYPE A, J-W GRADE I-2 SY $ $ $ $ $ $ J-38 RECONSTRUCTION-B-INCH STABILIZED SUBGRADE B%LIME13%CEMENT SY $ $ $ $ $ $ J-38 RECONSTRUCTION-B-INCH STABILIZED SUBGRADE 10%LIME/4%CEMENT SY 15,467 $ 2700 $ 417,60000 $ 2077 $ 460,45250 $ 3200 $ 404,04400 J-310 RECONSTRUCTION-I2-INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 12800 $ 400 $ 5147000 $ 645 $ 8300505 $ 600 $ 7721400 J-311 RECONSTRUCTION-STREET EXCAVATI ON ASP HALT,BA SE A N D SU BG RADE CY 4,424 $ 2250 $ 00,54000 $ 7740 $ 342,41760 $ 4700 $ 207,02800 J-312 PAVEMENT REPAIR SF 100 $ 35.12 $ 3 512 00 $ 0745 $ 074500 $ 7400 $ 7 400 00 J-313 RAISED PAVEMENT MARKERS TYPE II-&3 FIRE HYDRANT MARKING EA 4 $ 0000 $ 36000 $ 0075 $ 38700 $ 10800 $ 43200 J-314 CONCRETE DRIVEWAY DEMOLITION SF26156 $ 300 $ 7B 48800 $ 645 $ 10870020 $ 300 $ 7840800 J-315 ASPHALT DRIVEWAY DEMOLITION SF 1,035 $ 400 $ 4,14000 $ 553 $ 5,72355 $ 300 $ 3,10500 J-316 GRAVEL DRIVEWAY DEMOLITION SF 100 $ 200 $ 20000 $ 553 $ 55300 $ 300 $ 30000 J-317 6IINCH CONCRETE DRIVEWAYSF 28253 $ 1050 $ 20005650 $ 1057 $ 30003541 $ 1400 $ 30554200 ADJUSTMENT OF EXISTING MANHOLE RING\COVER IN ROADWAY(SEWER, J-318 STORM EA 2 $ 3,00000 $ 6 000 00 $ 2,61560 $ 5,23160 $ 2,60000 $ 5,20000 ADJUSTMENT OF EXISTING MANHOLE RING\COVER AND INSTALL NEW J-319 RING\COVER IN ROADWAY SEWER STORM) EA 7 $ 384000 $ 2088000 $ 307305 $ 2781055 $ 4 100 00 $ 2B 70000 J-320 ADJ USTMENT OF EXIST I NG VALVE BOX WATER GAS EA 1 $ 00000 $ 00000 $ 01074 $ 01074 $ 02600 $ 02600 ADJUSTMENT OF EXISTING VALVE BOX AND INSTALL NEW VALVE BOX(WATER, J-321 GAS EA 1 $ 1,50000 $ 1,50000 $ 1,880.18 $ 1,880.18 $ 1,50000 $ 1,50000 J-322 SPEED TABLESPEED HUMP EA 1 $ 546000 $ 546000 $ 6 514 50 $ 6 514 50 $ G 600 00 $ 800000 J-323 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LFNG $ 7500 $ 11707500 $ 7055 $ 11075255 $ 4300 $ 67 123 00 J-324 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF $ 5500 $ 2,25500 $ 5805 $ 2,38005 $ 8500 $ 3,48500 J-325 PROPOSED STEP LF $ 5353 $ 53353 $ 13965 $ 1,39653 $ 2653 $ 29353 J-326 NEW SIGNAGE EA $ 16256 $ 97256 $ 174.15 $ 164456 $ 19656 $ 114656 J-327 NEW STREET BLADE NAME SIGNS EA $ 10800 $ 158400 $ 21205 $ 170200 $ 23600 $ 188800J-328 REMOVAL OF EXISTING SIGNAGE EA $ 7200 $ 1,15200 $ 7740 $ 1,23840 $ 8600 $ 00J-329 SIGN SUPPORT ASSEMBLYTRIANGULAR SLIPBASE SYSTEM EA $ 57000 $ 3,00000 $ 61275 $ 4,28025 $ 68000 $ 4,76000J-330 SODDING CLEARING AND GRADING SY $ 1300 $ 4406400 $ 1677 $ 4105256 $ 2300 $ 5630400J-331 WATER SERVICE LINE ADJUSTMENTS LF $ 5000 $ 500000 $ 21055 $ 2105500 $ 72600 $ 7260000 J332 TYPE'C'PREFABRICATED STOP BAR STRIPING 24-INCH LF $ $ $ $ $J-333 TYPEI REFLECTIVE PAVEMENTMARKING YELLOW SOLID 4-INCH LF $ $ $ $ $J-334TYPE1 REFLECTIVE PAVEMENT MARKING WHITE SOLID 8-INCH LF $ $ $ $ $J335RAISED PAVEMENT MARKERS TYPEII-EB EA $ $ $ $ $ALLOWAN CE FOR UNANTICIPATED STREET I M PROVEM ENTS AL $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 $ 50,00000 SUBTOTAL PART B-STREET IMPROVEMENTS I[emzJ-B1 tbru J-B36 $ 2,299,92].35 $ 2,832,51].65 $ 2,602,086.00 PartC-ADAIMPROVE MENTS er SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMEN MOBILIZATION MAX.5% ARTC LS 1 $ 12,00000 $ 12,00000 $ 11,150.13 $ 11,150.13 $ 10,70000 $ 10,70000 4INCH CONCRETE SI DEI LK SF 14333 $ 000 $ 12800700 $ 000 $ 14175337 $ 1000 $ 14333000 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Angie Garza DESIGN ENGINEER:Gabriel Ortiz,P.E.,CFM BID DATE:Wednesday,October 18,2023 RFB5249 Mako Contracting Clark Pipeline Services,LLC J.E.Constructio Services,LLC PROJECT NO.18160A and Residential S[ree[Rebuild Program(Part I,J B K) 3838 S.Alametla S[e.B153 8229 Le9partl Street ]595 Up River Rtl. BASE BID C9rpus...'b TX]9411 C9rpus CM1nsti,TX 78409 C91p115 Ch t, 7B499 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT SIDEWALK OEM OLITION SF 14336 $ 409 $ 5734409 $ 344 $ 4931584 $ 309 $ 4399909 CONCRETE CURB RAMP SF 544 $ 2909 $ 15,23209 $ 3102 $ 1],31909 $ 3409 $ 19,49809 CURB RAMP DEMOLITION SF 544 $ 909 $ 4,35209 $ 5.16 $ 2,99]04 $ 909 $ 4,35209 6IINCH HEADER CURB LF 154 $ 2909 $ 399909 $ 8542 $ 10 42 $ 3309 $ 599209 TYPE'C PREFABRICATED CROSSWALK STRIPING(12INCH) LF 59 $ 1909 $ 54909 $ 1161 $ 59959 $ 1209 $ 89909 TYPE'C PREFABRICATED CROSSWALK STRI PI NGEM 24-INCH LF 59 $ 2109 $ 1,99909 $ 2322 $ 1,16109 $ 2509 $ 1,25909 WA ALLONCE FOR UNANTCIPA LED ADA MPROVI ENTS AL 1 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 SUBTOTAL PART C-ADA IMPROVEMENTS I[emz J-C1 tbru J-C9) $ 207,625.00 $ 259,152.60 $ 251,818.00 Pa D-DRAINAGEIMPROVEMENTS er SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) J-D1 MOBILIZATION MAX 5%PARTD LS 1 $ 4599909 $ 4599909 a6006902 $2 $ 8998902 $ 3999909 $ 3999909 J-D2 DEMOLITION OFEXISTING INLETS-5 FEETDEEP EA $ $ $ $ $J-03 DEMOLITIONXSTGNHOE519FETDEEP EA $ $ $ $ $ EXISTING CURB INLET TOP ADJUSTMENT(REMOVE AND REPLACE,5'THROATTYPEA 1 $ 492509 $ 4925099 $ 393459 $ 599909 $ 599909 J-D5 NEW CURB IN LET STHROAT OPENIN G MAXIo.35'X 5' 9-5 FEET DEEP EA 9 $ 699909 $ 5529909 4 $ 3669]92 $ 1999909 $ 9999909 J-Dfi NEW CURB INLET 5'THROAT OPENING MAX.I0.35'A5' 5-19FEET DEEP EA ] $ 982509 $ 893]509 9 $ 3]92609 $ 1999909 $ ]999909 J-D] N EW CU RB INLET S THROATOPENING MAXIo.45X5 5-10FEETDEEP EA $ $ $ $ $ J-De NEw 4-wcH cu RB ANOGUTTERLF $ $ $ $ $ J-D9 NEwfi-INCH CURB AND GUTTER LF ]992 $ 2909 $ 22349809 9 $ 24925929 $ 4909 $ 31929909 JTYPE'BSTORMMAOLE 10.4'X4' 9-5 FEET DEEP EA 5 $ 1159909 $ 5]59909 9 $ 4312509 $ 99909 $ ]999909J-011 TYPE'C STORM MANHOLE 10.4'X4' 5-19 FEET DEEP EA 5 $ 1],25909 $ 98,25909 19 $ 49,81959 $ 14,99909 $ ]9,99909 J-D12 CURB&GUTTER DEMOLITION INCH 6IINCH AND DRIVEWAY LF ]9]3 $ 909 $ 63]9409 3 $ ]1998.19 $ 509 $ 3998509 -D13 VALLEY GUTTER SF $ $ $ $ $ J-D14 VALLEY GUTTER DEMOLITION SF $ $ $ $ $ $ J-01519-INCH ARCH REINFORCED CONCRETE PIPE(CLASS Iv LF $ $ $ $ $ $ J-01819-INCH REINFORCED CONCRETE PIPE CL ASS III LF 2492 $ 13909 $ 34399809 $ 22999 $ 5]9819.16 $ 24609 $ 61393209 J-Dn 24INCH REINFORCED CONCRETE PIPE CLASS II LF $ $ $ $ $ $ J-D19 CONNECT TO EXISTING STORM STRUCTURE OR PIPE EA 6 $ 575 00 $ 345909 $ 449509 $ 2691909 $ 189909 $ 989909 J-D19 CONCRETE COLLAR IS 24 IN IT PIPE EA 5 $ 575 00 $ 2,9]509 $ 2,25]59 $ 11,29]59 $ 1,89909 $ 9,99909 J-D20 CONCRETE COLLAR(30 PIPE EA 2 $ 129909 $ 249909 $ 599909 $ 1999909 $ 179909 $ 349909 J-D21 REMOVAL OF REINFORCED CONCRETE PIPE 12-15INCH LF $ $ $ $ $ $ J-D22 REMOVAL OF REINFORCED CONCRETE PIPE 19-24INCH LF 1 $ 12909 $ 12909 $ 199909 $ 199909 $ 129909 $ 129909 J-D23 TRENCH SAFETY FOR STORM WATER LINES 9-5FEETDEEP LF 994 $ 239 $ 2,26329 $ 14.19 $ 13,98298 $ 809 $ 5,99409 J-D24 TRENCH SAFETY FOR STORMWATER LINES 5-19 FEETDEEP LF 1,599 $ 239 $ 3,48949 $ 2509 $ 39,99849 $ 909 $ 12,98409 TRENCH SAFETY FOR STORMWATER INLETS/TYPE'B'MANHOLE(9-5 FEET J-025 DEEP EA 13 $ 115909 $ 1495909 $ 141909 $ 1944]09 $ 89909 $ 994909 TRENCH SAFETY FOR STORMWATER INLETS/TYPE'C MANHOLE(5-19 FEET J-028 DEEP EA 12 $ 1,15909 $ 13,99909 $ 3,22509 $ 39,]9909 $ 98909 $ 19,32909 J-02]ALLOWANCE FOR UN ANTI Cl PATER STORM WATER I M PROVEM ENTS AL 1 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 $ 25,99909 SUBTOTAL PART D-DRAINAGE IMPROVEMENTS(Items J-D1 tbru J-D2]) $ 1,00],852.60 $ 1,29],009.35 $ 1,391,005.00 Pa E-WATER IMPROVEMENTS er SECTION 012901 MEASUREMENT AND BASIS FOR PAYMEN J-E1 MOBILIZATION MAX.5%PARTE LS 1 $ 3599909 $ 3599909 $ 4399]05 $ 43 99]05 $ 4599909 $ 4599909 J-E2 &INCH OR&INCHA CP.WATERLINE TO BE REMOVED AND DISPOSED LF 119 $ 9209 $ 19,12909 $ 8903 $ 8,88939 $ 19209 $ 11,22- J E3 2909J-E3 6IINCH OR&INCH CAST IRON WATERLINE TO BE REMOVED AND DISPOSED LF 1,499 $ 2975 $ 42,55909 $ 4639 $ 89,52409 $ 8909 $ 99,99909 J-E4 EXISTINGINCH WATERLINE TO BE GROUT FILLED AND ABANDONED IN PLACE LF 2189 $ 1]75 $ 3949209 $ 3]04 $ 9293].12 $ 309 $ 659409 J-E5 EXISTING&INCH WATERLINE TO BE GROUT FILLED AND ABANDONED IN PLACE LF $ $ $ $ $ $ J-EB EXISTING FIRE HYDRANTASSEMBLY TO BE REMOVED AND DISPOSED OF EA 3 $ 575 00 $ 172509 $ 98977 $ 259231 $ 239909 $ 699909 J-E] 6IINCH C 900 PVC WATERLINE LF 3658 $651] Z5 00 $ 27429909 $ 191.14 $ 369]8]04 $ 12909 $ 43972909 J-E9 &INCH C 900 PVC WATERLINE LF 1 $ 9]75 $ 9]75 $ 11]36 $ 11]36 $ 2,19909 $ 2,19909 J-E9 6IINCH DUCTILE IRON WATERLINE LF 99 $ 13909 $ 11,94909 $ 18822 $ 13,29]09 $ 2S7 00 $ 22,98909 J-E10 &INCH DUCTILE IRON WATERLINE LF 22 $ 172 50 $ 379509 $ 29509 $ 452329 $ 39909 $ 9]5609 J-Ell RECONNECT TO EXISTING WATER LINE EA 3 $ 492509 $ 1297509 $ 1]48.19 $ 523954 $ 329909 $ 989909 J-E12 WATER SERVICERECONNECTION AND METER ADJUSTMENT EA ]5 $ 2,24259 $ 189,19]59 $ 3,139.19 $ 235,43959 $ 3,39909 $ 24],59909 J-E13 &INCH X&IN CH D.I.TEE EA 2 $ ]4]59 $ 1,49509 $ 1,9883] $ 3,]3274 $ 1900700fl- 3,99909 J-E14 &INCH X&IN CHD.I.MJ.TEE EA $ $ $ $ $ $ &INCH OR 1INCH LONG COUPLING CONNECTION TO ALL EXISTING MATERIALS J-E15 DI.,A C.P.,PVC, VC EA 51$ 4,92599 $ 29,12599 $ ]]909 $ 3,99349 $ 1,99909 $ 9,99909 J-E18 18 INCH D I.,M J.4b LEA BEND EA is I$ $ $ $ $ TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Angie Garza DESIGN ENGINEER:Gabriel Ortiz,P.E.,CFM BID DATE:Wednesday,October 18,2023 RFB5249 Mako Contracting Clark Pipeline Servicea,LLC J.E.Conatructio Se icea,LLC PROJECT NO.18164A and Residential Street Rebuild Program(Part I,J 8 K) 3838 S.AlaC e7 S[e.B153 8229 Leo d Sheet ]595 Up River Rtl. BASE BIDJ Corpus CM1risti,TX]8411 Corpus Ch,,,t,TX78409 COrp115 CM1ris, 7B409 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT fi-INCH 0I.MJ.45 DEG.BEND EA 4 £ 575 00 $ 230090 £ 45896 £ 1 835 84 £ 170090 $ 6BUD 00 J-E18 &INCH 01.CAP EA ] $ 89090 $ 4,83090 $ 45898 $ 3,212]2 $ 2,10090 $ 14,]0090 J-E19 6 INCH DI.,MJ.WATERGATEVALVE EA 2 £ 224250 $ 448590 £ 174797 £ 349534 $ 290090 $ 580090 J-E20 S NCHD I.M J.WATER GATEVALVE EA $ $ $ $ $ $ &I NCH WATERLINE ADJUSTMENT(445 Degree Bentls a ntl Du I0 Imo Pipe(Per Cary J-E21 Detail EA 4 $ 5,]5090 $ 23,00090 $ 5,38376 $ 21,53594 $ 10,00090 $ 40,00090 &INCH WATERLINE ADJUSTMENT(4 45 Degree Bentls a ntl Du I0 Imo Pipe(Pe r Ciry J-E22 Detail EA $ $ $ $ $ $ J-E23 FIRE HYDRANTASSEMBLY LL PE I INCLUDESMAIN LINE FITTING EA 6 $ 882590 $ 5175090 $ ]134.11 $ 4280488 $ 1200090 $ 72 000 J-E24 TRENCH SAFETY FOR WATER LINE NSTALLATI ON LF 371 $ 230 $ 854880 $ 388 $ 1441898 $ 390 $ 1114890 J-E25 ALLOWANCE FOR UNANTICIPATED WATER IM PROVEMENTS AL 1 $ 25,00090 $ 25,00090 $ 25,00090 $ 25,00090 $ 25,00090 $ 25,00090 SUBTOTAL PART E-WATER IMPROVEMENTS(Items J-E1 tbru J-E25) $ 738,804.05 $ 951,930.64 $ 1,0]6,308.00 IMPROVEMENTS IF.,SECTION 0129 D1 MEASUREMENTS AND BASIS FOR PAYMENT) J-F1 MOBILIZATION MAX.5%PARTE LS 1 $ 3000090 $ 3000090 $ 1438895 $ 1438895 $ 5400090 $ 5400090 J-F2 DEMOLITION OFEXISTIN G MANHOLES FEET DEEP EA $ $ $ $ $ $ J-F3 DEMOLITION OF EXISTING MANHOLE20 FEET DEEP EA $ $ $ $ $ $ J-F4 PIPE BURST EXISTING B-INCH VCP WITH B-INCH HDPE LF 800 $ 21850 $ 1]4,80090 $ $ $ 272 00 $ 21],80090 J-F5 PIPE BURST EXISTING SI INCH VCP WITH 10 INCH HDPE DR I]IPS LF 9] $ 32290 $ 3123490 $ 2610] $ 2532379 $ 40090 $ 3880090 J-FB GROUT FILL AND ABANDON EXISTING 2-INCH WASTE WATERLINE LF 322 $ 4025 $ 1296050 $ $ $ 5090 $ 1610090 J-F] 2-I N CH PVC WA STEWATER GRAVITY SEWER FEET DEEP LF 334 $ 2]999 $ 9018999 $ $ $ 28890 $ 9552490 J-FB WASTEWATER SERVICE RECONNECTION EA 23 $ 4,42]50 $ 101,83250 $ $ $ 11 200 $ 25],80090 J-F9 RE-CON N ECT WASTEWATER EA 2 $ 362250 $ ]24590 $ 420798 $ 841596 $ 210090 $ 420090 J-F10 MANHOLE REHABILITATION COATING BFEET DEEP EA $ $ $ $ $ $ J-F11 MANHOLE REHABILITATION COATING 15 FEET DEEP EA 4 $ 1380090 $ 5520090 $ 98]590 $ 38]0090 $ 1]10090 $ 8840090 J-F12 MANHOLE REHABILITATION 42-INCH FRP INSERT(20 FEET DEEP EA 1 $ 25,30090 $ 25,30090 $ 15,34932 $ 15,34932 $ 31,80090 $ 31,80090 J-F134FOOT DIAMETER WASTEWATER MANHOLES FEET DEEP EA $ $ $ $ $ $ J-F14 4-FOOT OIAM ETER WASTEWATER MANHOLE 20 FEET DEEP EA 3 $ 304]590 $ 9142590 $ 21989.13 $ 6596739 $ 4300090 $ 12900090 F12TRENCHTRENCH SAFETY FOR WASTEWATER LINE INSTALLED BY OPEN CUT LF 334 $ 2390 $ ]88290 $ 1498 $ 500332=$ 2;5 ]88290 J-F16 TRE CH SAF El FOR WASTEWATER MANHOLES FEET DEEP EA $ $ $ $F1]TRENCH SAFETY FOR WASTEWATER MANHOLE 20 FEET DEEP EA 3 150090 $ 450090 $ 488090 $ 1458090 1290090J-F18 WASTEWATER BY-PASS PUMPING EA 2 $ 2500090 $ 5000090 $ 8385090 $ 18]]0090200090J-F1s DE-WATERING EA 1 $ 2242590 $ 2242590 $ 3225090 $ 3225090fi 00090J-F20 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 $ 25,00090 $ 25,00090 $ 25,00090 $ 25,00090 25,00090 SUBTOTAL PARTF-WASTEWATER IMPROVEMENTS J-F1 THRUJ-F20 $ ]29,]84.00 $ 412,6]6.]3 $ 1,366,406.00 TS Iyer SECTION01101 M NT) J-G1 MOBILIZATION MAX.5%PARTG LS 1 $ 12590 $ 12590 $ 159.10 $ 159.10 $ 30090 $ 30090 77_t1MTION, BACKFILL AND COMPACTION OF TRENCH FOR GAS LINE J-G2 (ADJUSTMENTTO BE COMPLETED BY THE CITY GAS DEPARTMENT) LF 100 $ 2500 $ 2,50090 $ 3182 $ 3,18200 $ 76 00 $ ],80090 SUBTOTAL PART G-GAS SYSTEM IMPROVEMENTS(J-G1 THRUJ-G2) $ 2,625.00 $ 3,341.10 $ ],900.00 TOTAL BASE BID J $ 5,215,843.00 $ 6,136,934.72 $ 6,889,525.00 ^^No)ea regamlW any mdtler--dNo,-Reep-,orN,,Ra sme^.^ TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Angie Garza DESIGN ENGINEER:Gabriel Ortiz,P.E.,CFM BIDDATE:Wednesday,October18,2023 RFB 5209 Grace Paving and Construction,Inc. Mako Contracting Anderson Columbia Co.,Inc. J.E.Construction Services,LLC Bay Ltd. Clark Pipeline Services,LLC PROJECT NO.18160A and Residential St-Rebuild Program(Part I,J 8 K) 4237 Baldwin Blvd. 3838 S.Alameda Ste.3153 1402 Holly Rtl 7505 Up River Rtl. 01 Com PPdUCLA Rtl.LI# 8228 LeopaN Street BASE BIDK Coryus CM1nsti,TX 78405 Coryus CM1nsti,TX 78411 Coryus Ch,XbLX 78417 Coryus Ch,Xb X78400 Cory us Ch esti,TX 78412 Coryus CM1nsti,TX]0400 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT Part A-GENERAL(per SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) oN(Mnx.S�vARTA( JAL 1 $ 0001.80 $ 0001.80 $ 8000.00 $ 8000.00 $ 20400.00 $ 20400.00 $ 2000.00 $ 2000.00 $ ]400.00 $ ]400.00 $ 1]254.38 $ 1]254.38 NCE(Mnx 2�( 1 $ 67,500 00 $ 67,500 00 $ 100,000 00 $ 100,000 00 $ 37,400 00 $ 37,400 00=R PDLuN(SWPPP((VER STREET SEGMENT EXCLUDING STDRDTN TER STRURI ER(ION VRe/ENTIONv 6 $ 1,12500 $ 0,75000 $ 3,00000 $ 18,00000 $ 5,00000 $ 30,00000 $ 1,00000 $ 11,40000 $ 4,50000 $ 27,00000 $ 25,80000 $ 154,80000 TER I UMR S.PPP( 40 $ 5570 $ 2,73371 $ 15000 $ 7,35000 $ 25000 $ 12,25000 $ 20500 $ 10,04500 $ 30000 $ 10,11000 $ 32250 $ 15,80250 K Al GPDRE ACT DID D- 5 $ 144 $ 720 $ 100 $ 500 $ 100 $ 500 $ 100 $ 500 $ 12300 $ 61500 $ 45150 $ 2,25750 ROLL P"PREPARATON( 6 $ 2,25000 $ 13,50000 $ 3,00000 $ 18,00000 $ 5,00000 $ 30,00000 $ 7,08000 $ 42,48000 $ 3,00000 $ 18,00000 $ 5,16000 $ 30,00000 K AS RDL(MORIuuTIONIMVOMENTnnoN,AND AoIusTMENTS( 10 $ 2,02500 $ 32,40000 $ 2,50000 $ 40,00000 $ 25,00000 $ 400,00000 $ 2,40000 $ 38,40000 $ 8,00000 $ 128,00000 $ 3,48501 $ 55,700.10 RED(2 vED RESIDENCE( 202 $ 324 $ 04008 $ 500 $ 1,46000 $ 2600 $ 7,50200 $ 300 $ 37000 $ 11000 $ 32,12000 $ 1032 $ 3,01344 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.LO $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART AS EGENERAL PI[emDz K EA1 THRU KA9 $ 100,528.]9 $ 202,815.00 $ 50],60].00 $ 1]1,206.00 $ 280,305.00 $ 3]2,30].98 Part B-STREET IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) K-31 MOBILIZATION MAX 5%PARTE ITS 1 $ 127,220.07 $ 127,220.07 $ 130,000.00 $ 130,000.00 $ 135,000.00 $ 135,000.00 $ 20,000.00 $ 20,000.00 $ 70,522.00 $ 70,522.00 $ 163,402.08 $ 163,402.08 K-32 21NCH HMAC TYPED SY 22000 $ 17.36 $ 381020.00 $ 24.07 $ 520540.00 $ 10.00 $ 35200000 $ 23.00 $ 500000.00 $ 18.00 $ 300000.00 $ 28.38 $ 624360.00 K-33 3INCH HMAC(TYPE D SY $ $ $ $ $ $ $ $ $ $ $ $ K-E4 SINGLE COURSE SURFACE TREATMENT SY 22000 $ 5.02 $ 110440.00 $ 573 $ 120000.00 $ 3.80 $ 83000.00 $ 7.00 $ 154000.00 $ 4.00 $ 88000.00 $ 7.80 $ 173580.00 K-35 PRIME COAT,MG30 0.20 GADSY GAL 4,400 $ 574 $ 25,250.00 $ 7.20 $ 32,070.00 $ 575 $ 25,300.00 $ 7.00 $ 30,800.00 $ 0.00 $ 20,400.00 $ 8.18 $ 35,00200 K-36 RECONSTRUCTION-9I INCH MINIMUM CRUSHED LIMESTONE BASE(TYPE A GRADE I-2 SY 22000 $ 28.04 $ 630080.00 $ 30.00 $ 702000.00 $ 32.00 $ 704000.00 $ 37.00 $ 814000.00 $ 37.00 $ 814000.00 $ 20.00 $ 038000.00 K-37 RECONSTRUCTION-10INCH MINIMUM CRUSHED LIMESTONE BASETYPE A,GRADE I-2 SY $ $ $ $ $ $ $ $ $ $ $ $ K-38 RECONSTRUCTION INCH STABILIZED SUBGRADE BI LIM E/3%CEMENT SY 1024 $ 18.E4 $ 35863.3E $ 27.00 $ 51048.00 $ 1000 $ 36556.00 $ 30.00 $ 57720.00 $ 25.00 $ 48100.00 $ 45.15 $ BE 868.60 K-30 RECONSTRUCTION-&INCH STABILIZED SUBGRADE IO%LIME/4%CEMENT SY 24217 $ 21.10 $ 513158.23 $ 27.00 $ 653850.00 $ 10.00 $ 460123.00 $ 27.00 $ 653850.00 $ 20.00 $ 702203.00 $ 3177 $ 760374.00 K-310 RECONSTRUCTION-I2-INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 22,000 $ 1.30 $ 28,600.00 $ 4.00 $ 88,00000 $ 245 $ 53,000.00 $ 4.00 $ 88,00000 $ 4.00 $ 88,00000 $ 645 $ 141,000.00 K-311 RECONSTRUCTION-STREET EXCAVATION ASPHALT BASE AND SUBGRADE CY 7161 $ 23.04 $ 171434.34 $ 22.50 $ 161122.50 $ 24.00 $ 171864.00 $ 34.00 $ 243474.00 $ 27.00 $ 103347.00 $ 7740 $ 554 261 40 K-312 PAVEMENT REPAIR SF 00 $ 21.87 $ 1068.30 $ 6.20 $ 566.101$ 1000 $ 1710.00 $ 76.00 $ 6840.00 $ 5500 $ 4050.00 $ 65.11 $ 5850.00 K-313 RAISED PAVEMENTMARKERS TYPE II-&3 FIRE HYDRANT MARKING EA 12 $ 52 92 $ 635.04 $ 1800 $ 216.00 $ 17.00 $ 204.00 $ 20.00 $ 240.00 $ 120.00 $ 1,440.00 $ 10.35 $ 232.20 K-314 CONCRETE DRIVEWAY DEM OLITIOY SF 27702 $ 2.07 $ 82274.04 $ 3.00 $ 83106.00 $ 3.20 $ 8864640 $ 2.00 $ 55404.00 $ 5.00 $ 138510.00 $ 645 $ 178677.00 K-315 A SPHA I DRIVEWAY DEM OLITI ON SF 100 $ 17.15 $ 1715.00 $ 4.00 $ 400.00 $ 1.15 $ 11500 $ 2.00 $ 200.00 $ 1000 $ 100000 $ 5.53 $ 553.00 K-316 GRAVEL DRIVEWAY DEM OLITI ON SF 3106 $ 0.82 $ 2546.02 $ 2.00 $ 6212.00 $ 2.55 $ 7020.30 $ 2.00 $ 6212.00 $ 1100 $ 34166.00 $ 5.53 $ 17176.18 K-317 6-INCH CONCRETE DRIVEWAY SF 32,040 $ 10.67 $ 351,460.80 $ 10.00 $ 320,400.00 $ 14.00 $ 461,160.00 $ 14.00 $ 461,160.00 $ 10.00 $ 320,400.00 $ 10.07 $ 361,351.80 K-318 ADJUSTM ENT OF EXISTING MANHOLE RINGCOVERIN ROADWAYSEWER STORM EA 2 $ 2 003 74 $ 400748 $ 2640.00 $ 5280.00 $ 2420.00 $ 4840.00 $ 2500.00 $ 500000 $ 3200.00 $ 6400.00 $ 2615.60 $ 5231.20 ADJUSTMENT OF EXISTING MANHOLE RINGCOVER AND INSTALL NEW RING\COVER IN K-310 ROADWAY SEWER,STORM EA 11 $ 2,76802 $ 30,44822 $ 2,64000 $ 20,04000 $ 3,25000 $ 35,75000 $ 4,00000 $ 44,00000 $ 3,50000 $ 38,50000 $ 3,07305 $ 43,71235 K-320 A DJ USTM ENT OF EXI STI N G VA LVE BOX(WATER GAS) EA 1 $ 88000 $ 88000 $ 1,020.00 $ 1,02000 $ 00100 $ 00100 $ 00000 $ 00000 $ 1,00000 $ 1,00000 $ 01074 $ 01074 K-321 A DJ USTM ENT OF EXI STI N G VA LVE BOX AN D I N STALL N EW VALVE BOX WATER GAS EA 12 $ 48371 $ 5804.52 $ 108000 $ 12060.00 $ 1170.00 $ 14040.00 $ 1600.00 $ 10200.00 $ 2400.00 $ 28800.00 $ 1880.18 $ 22562.16 K-322 SPEED TABLE/SPEED HUMP EA 1 $ 3,810.00 $ 3,810.00 $ 5,460.00 $ 5,460.00 $ 6,780.00 $ 6,780.00 $ 8,300.00 $ 8,300.00 $ 6,000.00 $ 6,000.00 $ 6,514.50 $ 6,514.50 K-323 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 50 $ 88.00 $ 4,445.00 $ 75.00 $ 3,750.00 $ 84.00 $ 4,200.00 $ 42.00 $ 2,100.00 $ 610.00 $ 30,500.00 $ 7005 $ 3,547.50 K-324 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 50 $ 76.20 $ 3810.00 $ 75.00 $ 3750.00 $ 84.00 $ 4200.00 $ 8300 $ 4150.00 $ 610.00 $ 30500.00 $ 5805 $ 2002.50 K-325 PROPOSED STEP LF 10 $ 228.60 $ 2286.00 $ 5000 $ 500.00 $ 3300 $ 330.00 $ 25.00 $ 250.00 $ 450.00 $ 4500.00 1$ 100.65 $ 1006.50 K-326 NEWSIGNAGE EA 55 $ 180.11 $ 0,006.05 $ 162.00 $ 8,01000 $ 15100 $ 8,305.00 $ 18500 $ 10,175.00 $ 2,100.00 $ 115,500.00 1$ 174.15 $ 0,578.25 K-327 NEW STREET BLADE NAME SIGNS EA 34 $ 208.32 $ 7,032.88 $ 10800 $ 6,732.00 $ 134.00 $ 6,256.00 $ 226.00 $ 7,684.00 $ 1,10000 $ 37,400.00 $ 212.85 $ 7,236.00 K-328 REMOVAL OF EXISTING SIGNAGE EA 43 $ 88.60 $ 3800.80 $ 72.00 $ 3006.00 $ 67.00 $ 2881.00 $ 83.00 $ 3560.00 $ 740.00 $ 31820.00 $ 7740 $ 3328.20 K-320 SIGN SUPPORT ASSEM BLY TRIA NGULAR SLIPBASE SYSTEM EA 40 $ 53340 $ 21336.00 $ 570.00 $ 22800.00 $ 530.00 $ 21200.00 $ 650.00 $ 26000.00 $ 620.00 $ 24800.00 $ 61275 $ 24510.00 K-330 SODDING,CLEARING AND GRADING SY 4,600 $ 8.56 $ 40,22344 $ 18.00 $ 84,58200 $ 22.00 $ 103,378.00 $ 17.00 $ 70,883.00 $ 1000 $ 80,281.00 $ 1677 $ 78,802.23 K-331 WATER SERVICE LINE ADJUSTMENTS LF 100 $ 38.10 $ 3,810.00 $ 48.00 $ 4,800.00 $ 42.00 $ 4,200.00 $ 605.00 $ 60,500.00 $ 280.00 $ 28,000.00 $ 210.55 $ 21,055.00 K-332 TYPE'C PREFABRICATED STOP BAR STRIPING 241NCH LF 12 $ 132.20 $ 158748 $ 30.00 $ 360.00 $ 28.00 $ 336.00 $ 35.00 $ 420.00 $ 310.00 $ 3720.00 $ 32.25 $ 387.00 K-333 TYPEI REFLECTIVE PAVEMENT MARKING YELLOW SOLID 4INCH LF 3804 $ 3.50 $ 13656.36 $ 1.02 $ 388008 $ 0.05 $ 3613.80 $ 100 $ 3804.00 $ 12.00 $ 45648.00 $ 1.10 $ 418440 K-334 TYPE REFLECTIVE PAVEM ENT MARKING WHITE SOLID &INCH LF $ $ $ $ $ $ $ $ $ $ $ $ K-335 RAISED PAVEMENT MARKERSLEE PEII-&3 EA $ $ $ 2400-R50 $ $ $ $ $ $ $ K-336 ALLOWANCE FOR UNANTICIPATED STREET MPROVEMENTS AL 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 1$ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,00000 $ 50,000.00 $ 50,00000 $ 50,00000 SUBTOTAL PART B-STREET IMPROVEMENTS(Items K-51 tbru K-B36) $ 2,6]1,501.13 $ 3,231,025.68 $ 2,853,399.50 $ 3,-,844.00,844.00 $ 3,519,297.00 $ 0,037,108.58 Part C-ADAIMPROVEMENTS er SECTION 012901 MEASUREMENT AND BASIS FOR PAYMEN 1 MOBILIZATION MAX 5%PARTC LS 1 $ 21650.04 $ 21650.04 $ 2500000 1 2500000 1 5000.00 $ 5000.00 $ 11000.00 $ 11000.00 $ 18060.00 $ 18060.00 $ 25571.50 $ 25571.50 2 4-INCH CONCRETE SIDEWALK SF 30,434 $ 8.30 $ 252,602.20 $ 0.00 $ 273,006.00 $ 11.00 $ 334,774.00 $ 10.00 $ 304,340.00 $ 1400 $ 426,076.00 $ 0.80 $ 300,002.26 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Angie Garza DESIGN ENGINEER:Gabriel Ortiz,P.E.,CFM BIDDATE:Wednesday,October18,2023 RFB 5209 Grace Paving and Construction,Inc. Mako Contracting Anderson Columbia Co.,Inc. J.E.Construction Services,LLC Bay Ltd. Clark Pipeline Services,LLC PROJECT NO.18160A and Residential St-Rebuild Program(Part I,J 8 K) 423]Baldwin 311 3838 S.Alameda St7I 8153 1402 Holly Rd ]505 Up River Rtl. 01 Com Product,Rtl.IT_BLD # 8228 LeopaN Street BA SE BID Corpus CM1risti,TX 78405 COrp115 Ch,'t 1]0411 Corpus Chr is 17041] Co Po Ch-b TX 78409 Corpus Ch-b TX 78412 Coryus CM1risti,TX]0400 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT 3 SIDEWALKDEMOLITIONSF 23,44] $ 2.30 $ 53,028.10 $ 4.00 $ 03,788.00 $ 2.15 $ 50,411.05 $ 2.00 $ 40,304.00 $ 4.00 $ 03,788.00 $ 344 $ 80,057.08 a CONCRETE CURB RAMP SF 3 008 $ 24.51 $ 00 637.08 $ 28.00 $ 103 544.00 $ 27.00 $ 00 340.00 $ 32.00 $ 118 330.00 $ 32.00 $ 118 330.00 $ 31.82 $ 117 670.36 5 CURB RAMP DEM OLITI ON SF 401 $ 647 $ 317677 $ 5.00 $ 2455.00 $ 3.30 $ 1620.30 $ 2.00 $ 082.00 $ 20.00 $ 0820.00 $ 5.16 $ 2533.56 s 6I INCH HEADER CURB LF 1o0 $ 3175 $ 3175.00 $ 20.00 $ 2000.00 $ noo $ n0000 $ 3200 $ 3200.00 $ 91.00 $ 9100.00 $ 6542 $ 654200 7 TYPE'C PREFABRICATED CROSSWALK STRIPING 12-IN LF 50 $ 33.02 $ 1,651.0o $ 5o.00 $ 2,5oo.UP $ eeo $ 445.00 $ 11 UP $ 55o.00 $ 31.00 $ 15,5oo.UP $ 1.32 $ 519.00 It TYPE'C PREFABRICATED CROSSWALK STRIPING 24INCH LF 122 $ 24.98 $ 3047.50 $ 50.00 $ 0100.00 $ 18.00 $ 2190.00 $ 22.00 $ 2084.00 $ 310.00 $ 37820.00 $ 20.64 $ 2518.08 g ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items K-Cl tbru K-C9) $ 050,869.55 $ 530,293.00 $ 520,992.35 $ 512,986.00 $ 753,500.00 $ 562,001.00 Part D-DRAINAGE IMPROVEMENTS P.,SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT K-D1 MOBILIZATION MAX 5%PART 0 LS 1 $ 37 707.11 $ 37 707.11 $ 40 000.00 $ 40 000.00 $ 10 000.00 $ 10 000.00 $ 00 000.00 $ 00 000.00 $ 38 020.00 $ 38 020.00 $ 47 809.39 $ 47 809.39 K-D2 DEMOLITION OF EXISTINGINLET 0-5FEETDEEP EA 21 $ 925.89 $ 19,443.09 $ 770.25 $ 10,301.25 $ 042.00 $ 13,482.00 $ 1,500.00 $ 31,500.00 $ 2,300.00 $ 48,300.00 $ 1,935.00 $ 40,035.00 K-D3 DEMOLITION OF EXISTING MANHOLE 510 FEET DEEP EA $ $ $ $ I$ $ $ $ $ $ $ $ K-D4 EXISTING CURB INLETTOP ADJUSTMENT(REMOVE AND REPLACE 5'THROAT TVP. EA 13 $ 3101.54 $ 40320.02 $ 3080.00 $ 47840.00 $ 4810.00 $ 62530.00 $ 5800.00 $ 75400.00 $ 1900.00 $ 24700.00 $ 3934.50 $ 51148.50 K-D5 NEW CURB INLET 5'THROAT OPENING MAX.I.D.35'X 5' 0-5FEETDEEP EA 19 $ 4,201.18 $ 80,90242 $ 7,500.00 $ 142,500.00 $ 0,100.00 $ 117,040.00 $ 9,800.00 $ 180,200.00 $ 8,300.00 $ 157,700.00 $ 4,587.24 $ 87,157.50 K-DB NEW CURB INLET 5'THROAT OPENING MAX.I.D.35'X5' 5-10 FEET DEEP EA $ $ $ $ $ $ $ $ $ $ $ $ K-D7 NEW CU RE IN LET 5'TH ROAT OPEN I NG MAX.I.D.45'X5 5-10 FEET DEEP EA 6 $ 7408.33 $ 44449.98 $ 7935.00 $ 47010.00 $ $ $ 9800.00 $ 58800.00 $ 8900.00 $ 53400.00 $ 5160.00 $ 30900.00 K-DS NEW4INCH CURB AND GUTTER LF 352 $ 34.55 $ 12161.60 $ 28.00 $ 9850.00 $ 39.00 $ 13728.00 $ 37.00 $ 13024.00 $ 64.00 $ 22528.00 $ 2840 $ 10017.92 K-D9 NEW6 INCH CURBANDGUTTER LF 12,070 $ 25.83 $ 311,708.10 $ 28.00 $ 337,900.00 $ 39.00 $ 470,730.00 $ 37.00 $ 440,590.00 $ 47.00 $ 567,290.00 $ 30.10 $ 363,307.00 K-D10 TYPE'B'STORM MANHOLE I.D.4'X4' 0-5FEET DEEP EA 2 $ 5675.03 $ 11351.26 $ 6727.50 $ 13455.00 $ 7570.00 $ 15140.00 $ 13000.00 $ 26000.00 $ 8000.00 $ 17200.00 $ 8025.00 $ 17250.00 K-Dll TYPE'C STORM MANHOLE(I D 4'X4' 5-10 FEET DEEP EA $ $ $ $ $ $ $ $ $ $ $ R$ G K-D12 CURB&GUTTER DEMOLITION PINCH 6-INCH AND DRIVEWAY LF 10362 $ 4.08 $ 48494.16 $ 8.00 $ 82390.00 $ 11.00 $ 113982.00 $ 5.00 $ 51810.00 $ 7.00 $ 72534.00 $ 9.03 .80VALLEY GUTTER SF 210 $ 21.17 $ 4,44570 $ 12.00 $ 2,520.00 $ 37.00 $ 7,770.00 $ 10.00 $ 3,360.00 $ 64.00 $ 13,440.00 $ 4042 .20K-D14 VALLEY GUTTER DEM OLITION SF 135 $ 1341 $ 1810.35 $ 5.00 $ 675.00 $ 4.30 $ 580.50 $ 3.00 $ 405.00 $ 00 $ 675.00 $ 9.03 .05K-D151&INCH ARCH REINFORCED CONCRETE PIPECLASS IV LF 374 $ 225.24 $ 8423976 $ 28175 $ 105374.50 $ 323.00 $ 120802.00 $ 385.00 $ 143990.00 $ 320.00 $ 119080.00 $ 328.0248K-D181&INCH REINFORCED CONCRETEPIPE CLASSIII LF 207 $ 100.80 $ 20878.02 $ 14375 $ 29750.25 $ 184.00 $ 38088.00 $ 233.00 $ 48231.00 $ 100.00 $ 33120.00 $ 228.988.30K-D17 24 INCH REINFORCED CONCRETE PI PE CLASSIII LF $ $ $ $ $ $ $ $ $ $ $K-D18 CONNECTTO EXISTING STORMSTRUCTURE ORPIPE EA 18 $ 1093.01 $ 19084.98 $ 2587.50 $ 40575.00 $ 2300.00 $ 41400.00 $ 1500.00 $ 27000.00 $ 4700.00 $ 84600.00 $ 4485.000.00K-D19 CONCRETE COLLAR 18-241NCH PIPE EA 18 $ 1023.00 $ 18415.08 $ 1098.25 $ 19708.50 $ 592.00 $ 10650.00 $ 1500.00 $ 27000.00 $ 1500.00 $ 27000.00 $ 2257.505.00K-D20 CONCRETE COLLAR30-INCH PIPE EA $ $ $ $ $ $ $ $ $ $K-D21 REMOVAL OF REINFORCED CONCRETE PIPE 12-15NCHLF $ $ $ $ $ $ $ $ $ $ $K-D22 REMOVAL OF RENFORCEDCONCRETEPPE" 241NCH LF $ $ $ $ $ $ $ $ $ $ $K-D23 TRENCH SAFETYFORSTORMWATERLINES 0-5FEETDEEP LF 581 $ 546 $ 3172.26 $ 345 $ 200445 $ 100 $ 58100 $ 7.00 $ 4067.00 $ 63.00 $ 30003.00 $ 14.19 .39 K-D24 TRENCH SAFETY FOR STORM WATER LINES 5-1FEETDEEP LF $ $ $ $ $ $ $ $ $ $ $ $ K-D25 TRENCH SAFETY FOR STORMWATER INLETS/TYPEB'MANHOLE IF-5FEET DEEP) EA 15 $ 508.00 $ 7,020.00 $ 310.25 $ 4,74375 $ 81.00 $ 1,215.00 $ 642.00 $ 9,630.00 $ 3,700.00 $ 55,500.00 $ 1,419.00 $ 21,285.00 K-D28 TRENCH SAFETY FOR A ORMWATER INLETS/TYPE'C MANHOLE S-10 FEET DEEP EA $ $ $ $ $ $ $ $ $ $ $ $ K-D27ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROV EM ENTS AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART D-DRAT NAGE IMPROVEMENTS(Items K-D1 tbru K-D2]) $ ]91,920.09 $ 9]0,835.]0 $ 1,062,720.50 $ 1,238,00].00 $ 11397,890.00 1$ 1,097,590.21 Part E-WATER IMPROVEMENTS IF.,SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) K-E1 MOBILIZATION MAX 5ALA RTE ITS 1 $ 2,393.37 $ 2,393.37 $ 2,500.00 $ 2,500.00 $ 10.00 $ 10.00 $ 300.00 $ 300.00 $ 3,100.00 $ 3,100.00 $ 1,51274 $ 1,51274 K-E2 JIINCH OR 8-INCH AC.P.WATERLI N E TO BE REM OVER A N D DI SPOSED LF $ $ $ $ $ $ $ $ $ $ $ $ K-E3 6IINCH ORGINCH COST IRON WATERLINE TO BE REMOVED AND DISPOSED LF $ $ $ $ $ $ $ $ $ $ $ $ K-E4 EXISTING 6I INCH WATERLINE TO BE GROUT FILLED AND ABANDONED IN PLACE LF $ $ $ $ $ $ $ $ $ $ $ $ K-E5 EXISTING GINCH WATERLINE TO BE GROUT FILLED AND ABANDONED IN PLACE LF $ $ $ $ $ $ $ $ $ $ $ $ K-E6 EXISTING FIRE HYDRANT ASSEMBLY TO BE REMOVED AND DISPOSED OF EA $ $ $ $ $ $ $ $ $ $ $ $ K-E7 6IINCH C 900 PVC WATERLINE LF $ $ $ $ $ $ $ $ $ $ $ $ K-Ed 8-INCH C 900 PVC WATERLINE LF $ $ $ $ $ $ $ $ $ $ $ $ K-E9 6-INCH DUCTILE IRON WATERLINE LF $ $ $ $ $ $ $ $ $ $ $ $ K-E108-INCH DUCTILE IRON WATERLINE LF $ $ $ $ $ $ $ $ $ $ $ $ K-Ell RECONNECT TO EXISTING WATER LINE EA $ $ $ $ $ $ $ $ $ $ $ $ K-E12 WATER SERVICE RECONNECTION AND METER ADJUSTMENT EA $ $ $ $ $ $ $ $ $ $ $ $ K-E13 8-INCHXB-INCH DI.TEE EA $ $ $ $ $ $ $ $ $ $ $ $ K-E14 8-INCHXB-INCH DI.MJ.TEE EA $ $ $ $ $ $ $ $ $ $ $ $ 0-INCHOR 8-INCH LONG COUPLING CONNECTION TO ALL EXISTING MATERIALS(D.I.,A CP., K-E15 PVC EA $ $ $ $ $ $ $ $ $ $ $ $ K-E18 8-INCH OI.,MJ.45 DEG.BEND EA $ $ $ $ $ $ $ $ $ $ $ $ K-E17 0-I NCH DI.MJ.45 DEG.BEND EA $ $ $ $ $ $ $ $ $ $ $ $ TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Angie Garza DESIGN ENGINEER:Gabriel Ortiz,P.E.,CFM BID DATE:Wednesday,October 18,2023 RFB 5249Grace Paving and Construction,Inc. Mako Contracting Anderson Columbia Co.,Inc. J.E.Construction Services,LLC Bay Ltd. Clark Pipeline Services,LLC PROJECT NO.18164A and Residential St-Rebuild Program(Part I,J 8 K) 423]Baldwin Blvd. 3838 S.Alameda St7I 8153 1402 Holly Rd ]505 Up River Rtl. 01 Com Product,Rtl.IT_BLD# 8228 LeopaN Street BA SE BID Corpus Ch,db TX 78405 COrpns Ch,'t 1]0411 Corpus Chr is 17041] Co PCh-b TX 78400 Corpus Ch-b TX 78412 Coryus CM1risti,TX]0400 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT K-E18 6IINCH 01.CAP EA $ $ $ $ $ $ $ $ $ $ $ $ K-E19 0 NCH 01.MJ.WATER GATE VALVE EA $ $ $ $ $ $ $ $ $ $ $ $ K-E20 8-INCHDI MJ.WATER GATE VALVE EA $ $ $ $ $ $ $ $ $ $ $ $ K-E21 6-INCH WATERLINE ADJUSTMENT 4-05 De re,Bentls antl Ductile l m n Pie Per Ody Detail EA $ $ $ $ $ $ $ $ $ $ $ $ K-E22 8-INCH WATERLINE ADJUSTM ENT 4-050,ree Bentls antl Ductil d7p Pie(Pd, Detail EA 5 $ 657348 $ 3230740 $ 6440.00 $ 32200.00 $ 7250.00 $ 36250.00 $ 8000.00 $ 40000.00 $ 10700.00 $ 53500.00 $ 6050.05 $ 30 254 75 K-E23 FIRE HYDRANTASSEM ELY TYPEI INCLUDES MAIN LINE FITTING EA $ $ $ $ $ $ $ $ $ $ $ K-E24 TRENCH SAFETY FOR WATERLINE INSTALLATION LF $ $ $ $ $ $ $ $ $ $ $ K-E25 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART E-WATER IMPROVEMENTS(Items K-E1 ft.K-E25) $ 60,760.77 $ 59,700.00 $ 61,260.00 $ 65,W0.00 $ 81,600.00 $ 56,767.49 TS I—SECTION 01 29 01 MEASUREMENTS AND BASIS FOR PAYMENT) K-F1 MOBILIZATION MAX 5%PA RTF ITS 1 $ 20855.57 $ 20855.57 $ 25000.00 $ 25000.00 $ 37000.00 $ 37000.00 $ 45000.00 $ 45000.00 $ 20830.00 M$ $ 00 $ 2308440 $ 2308440 K-F2 DEMOLITION OF EXISTING MANHOLE BFEET DEEP EA 2 $ 250540 $ 5130.80 $ 1002.50 $ 2185.00 $ 13800.00 $ 27600.00 $ 17000.00 $ 34000.00 $ 0200.00 00 $ 3008.12 $ 7000.24 K-F3 DEMOLITION OF EXISTING MANHOLE 20 FEET DEEP EA $ $ $ $ $ $ $ $ $ $ $ K-F4 PIPE BURST EXISTING 6IINCH VCP WITH&INCH HDPE LF 800 $ 223.00 $ 182400.00 $ 253.00 $ 202400.00 $ 218.00 $ 174400.00 $ 260.00 $ 208000.00 $ 250.00 00 $ 257.20 $ 205760.00 K-F5 PIPE BURST EXISTING&INCH VCP WITH 10(INCH HDPE DR 17 IPS LF $ $ $ $ $ $ $ $ $ $ $ K-FB GROUT FILL AND ABANDON EXISTING GI INCH WASTE WATERLINE LF $ $ $ $ $ $ $ $ $ $ $ K-F7 8-INCH PVC WASTEWATER GRAVITYSEWER 20 FEET DEEP LF $ $ $ $ $ $ $ $ $ $ $K-FS WASTEWATER SERVCERECONNECONEA 20 $ 4850.00 $ 140650.00 $ 0200.00 $ 200800.00 $ 0100.00 $ 200510.00 $ 11000.00 $ 310000.00 $ 10400.00 00 $ 4300.00 $ 124700.00K-F9 RE-CONNECTWASTEWATER EA 1 $ 14 00.50 $ 1460.50 $ 1725.00 $ 1725.00 $ 1720.00 $ 1720.00 $ 2000.00 $ 2000.00 $ 1000.00 00 $ 4207.08 $ 4207.08K-F10 MANHOLE REHABILITATION COATING BFEET DEEP EA $ $ $ $ $ $ $ $ $ $ $K-F11 MANHOLE REHABILITATION COATING 15 FEET DEEP EA $ $ $ $ $ $ $ $ $ $ $K-F12 MANHOLEREHABILITATION 42-INCH FRP INSERT 20 FEET DEEP EA $ $ $ $ $ $ $ $ $ $ $TERWASTEWATERMANH CLE BFEET DEEP EA 2 $ 10160.00 $ 20320.00 $ 13440.00 $ 20880.00 $ 41400.00 $ 82800.00 $ 40000.00 $ 08000.00 $ 40800.00 .00 $ 10302.57 $ 38785.14K-F14 4-FOOT DIAMETER WASTEWATER MANHOLE 20 FEET DEEP EA $ $ $ $ $ $ $ $ $ $ $ K-F15 TRENCH SAFETY FOR WASTEWATER LINEINSTALLED BY OPEN CUT LF $ $ $ $ $ $ $ $ $ $ $ $ K-F18 TRENCH SAFETY FOR WASTEWATER MANHOLE BFEET DEEP EA 2 $ 2025.00 $ 4050.00 $ 0000.00 $ 13800.00 $ 0800.00 $ 13780.00 $ 8200.00 $ 10400.00 $ 7800.00 $ 15000.00 $ 2103.00 $ 4380.00 K-F17 TRENCH SAFETY FOR WASTEWATER MANHOLE 20 FEET DEEP EA $ $ $ $ $ $ $ $ $ $ $ $ K-F18 WASTEWATER BY PUMPING EA 1 $ 38100.00 $ 38100.00 $ 42000.00 $ 42000.00 $ 140300.05 $ 140300.05 $ 170000.00 $ 170000.00 $ 42000.00 1 42000.00 $ 83850.00 $ 83850.00 K-F19 DEWATERINGEA $ $ $ $ $ $ $ $ $ $ $ $ K-F20 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART F-WASTEWATER IMPROVEMENTS(K-Fl THRU K-F20) $ 437,966.87 $ 605,790.00 $ 779,109.65 $ 926,400.00 $ 724,930.00 $ 517,769.82 TS 1per SECTION 01 29 01 MEASUREMENTS AND BASIS FOR PAYMENT) K-G1 MOBILIZATION MAX 5%PART G LS 1 $ 310.50 $ 310.50 $ 125.00 $ 125.00 $ 1.00 $ 1.00 1$ 300.00 1$ 300.00 1$ 350.00 $ 350.00 $ 150.10 $ 150.10 K-G2 COM PLETEO BY THE CITY GAS DEPARTMENT) LF 100 $ 02.10 $ 0,21000 $ 3000 $ 3,00000 $ 3000 $ 3,000.00 $ 72.00 $ 7,200.00 $ 050.00 $ 05,000.00 $ 3,18200 $ 318,200.00 SUBTOTAL PART G-GAS SYSTEM IMPROVEMENTS(K-G1 THRU K-) $ 6,520.50 $ 3,125.00 $ 3,901.00 $ 7,500.00 $ 65,W0.00 $ 318,359.10 TOTAL BASE BID K $ 4,564,072.10 $ 5,611,984.38 $ 5,829,034.00 $ 6,360,243.00 $ 6,826,872.00 $ 6,961,988.62 ""Nuts regaNigg any b-,tlA-dNon-R-p-n orNon-R-p-bi...... BASE BID I, J, K Street I From To Base Bid I Texas Avenue (Example Street) Staples Alameda Ohio Avenue Staples Alameda Base Bid J Green Pass Drive Green Park Dead End Green Point Drive (Example Street) Bear Lane Dead End Green Branch Drive Green Park Dead End Green Trail Drive Green Park Dead End Green Gate Drive Green Park Dead End Tartan Drive Iriquois Dead End Iriquois Drive Dead End Tartan Base Bid K Trestle Dead End Golden Gate Bascule Green Gate Riverton Willow Oak Drive Wales Dead End Willowick Drive Everhart Willow Oak Rossiter Drive I San Antonio S. Alameda Topeka Drive I Sinclair Rossiter Capital Improvement Plan 2023 t1i't' 2025 City of Corpus Christi, Texas Project# 18164/22025/23010 ` Project Name Residential Streets Reconstruction Program FY2023 Type Reconditioning-Asset Longevity Department Public Works Useful Life 25 years Contact Director of Public Works x, Category Street-Rehabilitation Priority 2 Critical-Asset Condition\longevity Status Active Description Residential Street Reconstruction Project will include new pavement and limited curb and gutter,sidewalk,ADA compliant curb ramps and signage.For an individual residential streets projects listing please go to https://www.ectexas.com/imp. Additional funding was approved in 2022 with residual savings from completed/closed bond projects(Project#22025). Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 18,932,945 18,932,945 Design 2,176,201 787,937 2,964,138 Storm Water-St. 282,712 2,446,974 2,729,686 Waste Water-St 84,813 734,092 818,905 Water-St. 70,678 611,743 682,421 Gas-St. 14,136 122,348 136,484 Eng,Admin Reimbursements 324,875 2,921,311 3,246,186 Total 2,953,415 26,557,350 29,510,765 Funding Sources Prior Years 2023 2024 2025 Total G.O. Bond 2018 447,929 4,031,366 4,479,295 Residential St.(Property Tax) 1,997,240 17,975,159 19,972,399 Revenue Bonds 508,246 4,550,825 5,059,071 Tom 2,953,415 26,557,350 29,510,765 Budget Impact/Other 71 An assessment is completed each year to determine the funding needed. 249 Capital Improvement Plan 2024 thrit 2026 City of Corpus Christi, Texas Project# 24010/25010/26010 Project Name Residential Streets Rebuilt Program FY 2024- 2026 Type Improvement/Additions Department Public Works Useful Life 25 years Contact Director of Public Works Category Street-Rehabilitation Priority Critical-Condition\longevity Council District City-wide Status Active Description Residential Street Rebuild Project will include new pavement and limited curb and gutter,sidewalk,ADA compliant curb ramps and signage. For an individual residential streets projects listing please go to:https://www.ectexas.com/IMP Additional funding was approved in 2022 in the amount of$4,479,295 with residual savings from completed/closed bond projects(Project #22025). Justification This project will improve the road and provide a safer driving experience. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 4,479,295 17,000,000 17,000,000 17,000,000 55,479,295 Design 340,000 340,000 340,000 1,020,000 Storm Water-St. 850,000 850,000 850,000 2,550,000 Wastewater-St 680,000 680,000 680,000 2,040,000 Water-St. 680,000 680,000 680,000 2,040,000 Gas-St. 170,000 170,000 170,000 510,000 Eng,Admin Reimbursements 1,360,000 1,360,000 1,360,000 4,080,000 Total 4,479,295 21,080,000 21,080,000 21,080,000 67,719,295 Funding Sources Prior Years 2024 2025 2026 Total G.O. Bond 2018 4,479,295 4,479,295 Residential St.(Property Tax) 18,390,000 18,390,000 18,390,000 55,170,000 Revenue Bonds 2,690,000 2,690,000 2,690,000 8,070,000 Total 4,479,295 21,080,000 21,080,000 21,080,000 67,719,295 Budget Impact/Other 771 An assessment is completed each year to determine the funding needed. 254 se GO � O AGENDA MEMORANDUM NowPORAz4° Action Item for the City Council Meeting of November 28, 2023 1852 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2@cctexas.com (361) 826-1677 Jeffrey H. Edmonds, P.E., Director of Engineering Services aeffreyea-cctexas.com (361) 826-3851 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 (TxDOT)for a Highway Safety Improvements Program project intended to promote safety for motorists, bicyclists and pedestrians through intersection improvements that include new traffic signals, interconnect, and flashing yellow arrows at the Airlie Road and McArdle Road intersection, in which TxDOT is contributing $329,540.19, with the City's local participation in the amount of $87,364.60 for a total estimated project cost of $416,904.79, for reimbursement of direct costs with FY 2024 funding available from Street Fund. SUMMARY: This resolution authorizes an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT)for one Highway Safety Improvements Program (HSIP) project. The total estimated design and construction cost for the projects is $416,904.79. The city is required to pay TxDOT an amount of$87,364.60 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 were grouped into four separate lettings dates for construction that fell within budgeted programmed amounts for HSIP between FY2022 — FY 2024. The first three groups consisted of mid-block crossings improvements within school or hospital zones at the following locations: Group I (FY2022, Project Let August 2022) • South Port Avenue from Tarlton Avenue to Sarita Street • Texan Trail from South Staples Street to Swantner Drive (2 Midblock Crosswalks Within Project Limits) Group II (FY2023, Project Let April 2023) • 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 Group III (FY 2023, Project Let August 2023) • Gollihar Road from Mustang Trail to Pennington, • Gollihar Road from Pennington to Meadowbrook, • Alameda Street from Rossiter to Sinclair, • Alameda Street from Sinclair to Ropes, and • Yorktown from Dallas to Yorkshire Drive This AFA is for the final project being let (Group IV). This project will upgrade the existing traffic signals and foundations at the intersection of Airline Road and McArdle Road. Improvements will also provide interconnection and safety enhancements such as flashing yellow arrow signals to improve left-hand turning movements. The total estimated project cost is $416,904.79, of which TxDOT is responsible up to a maximum cost of $329,540.19 and city is responsible for the remaining amount of $87,364.60. Upon approval of the AFA, the project will be advertised for bidding by TxDOT in March 2024. 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 2024 is in the amount of$87,364.60 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 (550910) Activity: 23147-33-1041-EXP Amount: $87,364.60 RECOMMENDATION: Staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: AFA Draft 0916-35-232 HSIP Map Resolution PowerPoint - HSIP TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Highway Safety Improvement Program 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 & 116292 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as Improvement of Traffic Signals, Interconnect Signals, Install Flashing Yellow Arrow on Airline Rd at McArdle Rd intersection . 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 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. N/A 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 4. The project consists of the construction of traffic signals, interconnect signals, and flashing beacons at the intersection of Airline Rd and McArdle Rd, as shown in Attachment A. 5. Project Sources and Uses of Funds 6. 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 AFA LongGen Page 2 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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 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. AFA LongGen Page 3 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. 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. AFA LongGen Page 4 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. 7. 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 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. 8. 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. 9. 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. 10. 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 AFA LongGen Page 5 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. 11. 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 written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 12. 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). 13. 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 AFA LongGen Page 6 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. 14. 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. 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. 15. 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. AFA LongGen Page 7 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 16. Right of Way and Real Property 17. 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. 18. 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. 19. 20. 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: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Transportation Engineer 1201 Leopard Street 1701 S Padre Island Dr. Corpus Christi, Texas 78401 Corpus Christi Texas,78416 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. 21. 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. 22. 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. AFA LongGen Page 8 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 23. 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. . 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. AFA LongGen Page 9 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 29. 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. 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 AFA LongGen Page 10 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. 30. 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 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. AFA LongGen Page 11 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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.). 31. 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. 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 AFA LongGen Page 12 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. 32. 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 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. 33. 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, AFA LongGen Page 13 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. 34. 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 to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22705.pdf and http://www.qpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a 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. 35. 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 singleaudits(a)txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance AFA LongGen Page 14 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F 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. 36. 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 15 of 15 Rev. 12/10/2021 TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd Inter AFA Not Used For Research&Development ATTACHMENT A LOCATION MAP SHOWING PROJECT i R CSJ: 0916-35-232 Project Roads/Limits Airline Rd at McArdle Rd. a< AV • r Page 1 of 1 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CSJ# 0916-35-232 CFDA No. 20.205 District# CRP- 16 AFA ID I Z00003766 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name Nueces Airline Rd at McArdle Rd AFA Not Used For Research&Development Intersection I F ATTACHMENT B PROJECT BUDGET Construction Costs will be allocated based on 90% Federal funding and 10% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will be responsible for 100% of all other costs, including overruns. Description Total Federal State Participation Local Participation Estimated Partici ation Cost % Cost % Cost % Cost Engineering (by $0 0% $0 0% $0 0% $0 Local Government Construction $348,646.00 90% $313,781.40 0% $0 10% $34,864.60 (State) Subtotal $348,646.00 $313,781.40 $0 $34,864.60 Environmental $3,500.00 0% $0 0% $0 100% $3,500.00 Direct State Costs Right of Way $3,500.00 0% $0 0% $0 100% $3,500.00 Direct State Costs Engineering $7,000.00 0% $0 0% $0 100% $7,000.00 Direct State Costs Utility Direct $3,500.00 0% $0 0% $0 100% $3,500.00 State Costs Construction $35,000.00 0% $0 0% $0 100% $35,000.00 Direct State Costs Indirect State $15,758.79 0% $0 100% $15,758.79 0% $0 Costs TOTAL $416,904.79 $313,781.40 $15,758.79 $87,364.60 Initial payment by the Local Government to the State: $17,500.00 Payment by the Local Government to the State before construction: $69,864.60 Estimated total payment by the Local Government to the State $87,364.60. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment B 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$87,364.60,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 $87,364.60 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. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary LUCILLE 9 Rl 1 i It k 1 Location Map . VM �vK Ab E�MEgp - « r ,. LIA AL � r 40 ' r � Ka�i •l df !! L x CARDLE llllll . a y N 4 t •• J o ^ ^ r ..�,• . �1 �rry-^X c 'V w * � w .. "1d•�w Ks! �ft r. IL Aik, �' •' PROJECT. NO. 23147 �'-�:,._ -"--r---._•._--, !' ��` , �. � tb �' �':.. . �' 'y� ars Highway Safety CITY COUNCIL EXHIBIT Improvement CITY OF CORPUS CHRISTI,TEXAS Program (HSIP) DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Highway Safety Improvement Program (HSIP) sCouncil Presentation November 28, 2023 Project Scope Corpus Chrsti 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. This AFA is for the Group III projects which will enhance traffic signals, interconnect signals, and flashing beacons. Listed below is the project location: • Airline at McArdle The total estimated cost for the projects is $416,904.79, of which TxDOT is responsible up to a maximum cost of $329,540.19 and city is responsible for the remaining amount of $87,364.60. Upon approval of the AFA, the project will be advertised for bidding by TxDOT in November 2023. Recommendation Corpus chr sti 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 November 2023. �vs cr �o AGENDA MEMORANDUM ,60RPORAAction Item for the City Council Meeting of November 28, 2023 1852 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3575 Resolution approving an Interlocal Agreement with seven (7) public education districts establishing real property development procedures with Development Services including development permitting, construction activities, fee structures and reductions, responsibilities, and related matters applicable to the districts CAPTION: Resolution authorizing execution of interlocal cooperation agreements with local public education districts to establish real property development procedures, fees, responsibilities, and related matters applicable to the districts. PURPOSE: The ILA streamlines the development permitting and construction activities related to the seven (7) public education districts and further defines procedures, processes, and fee structures, including fee reductions, to improve the effectiveness, efficiency, and completeness of project review in a cost-effective manner. ALTERNATIVES: Denial or alteration of the proposed Interlocal agreement. FISCAL IMPACT: There are no fiscal impacts associated with this item. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Interlocal Agreement with the seven (7) public education districts. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Resolution authorizing execution of interlocal cooperation agreements with local public education districts to establish real property development procedures, fees, responsibilities, and related matters applicable to the districts. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager or designee is hereby authorized to execute Interlocal Agreements with local public education districts, including Del Mar Community College District, Calallen Independent School District, Corpus Christi Independent School District, Flour Bluff Independent School District, London Independent School District, Tuloso- Midway Independent School District, and West Oso Independent School District, in substantially the form attached hereto and incorporated herein, as Exhibit 1. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary EXHIBIT 1 STATE OF TEXAS S INTERLOCAL AGREEMENT BETWEEN S THE CITY OF CORPUS CHRISTI S AND PUBLIC EDUCATION S DISTRICTS WITHIN ITS JURISDICTION COUNTY OF NUECES S This AGREEMENT is hereby made and entered into by and between the CITY OF CORPUS CHRISTI (hereinafter referred to as "CITY"), a Texas municipal corporation, acting by and through its City Manager pursuant to Resolution No. dated , and the following political subdivisions of the State of Texas: Del Mar Community College District Calallen Independent School District Corpus Christi Independent School District Flour Bluff Independent School District London Independent School District Tuloso-Midway Independent School District West Oso Independent School District (Hereinafter referred to as "DISTRICTS" or singularly as "DISTRICT") acting by and through their respective Superintendents, hereto duly authorized (collectively the "PARTIES"), pursuant to authority granted under the Interlocal Cooperation Act, Chapter 791, Texas Government Code. WITNESSETH WHEREAS, it is the mission of the DISTRICT to ensure quality public education to citizens of Corpus Christi and the Corpus Christi metropolitan area; and WHEREAS,it is the mission of the CITY to ensure the health, safety, and welfare of its citizens, including those served by the DISTRICT, as embodied in the numerous codes and regulations controlling construction activities within the City of Corpus Christi; and WHEREAS, the PARTIES recognize and desire to cooperate in the delivery of their respective services to the citizens of Corpus Christi for the purposes of expediting development services processes and maximizing the use of tax dollars; and WHEREAS, the PARTIES have identified numerous service areas in which their collective cooperation will achieve the goals of expediting development services processes and maximizing the use of tax dollars for the benefit of both PARTIES, as well as the affected citizenry; and NOW THEREFORE, the PARTIES hereto severally and collectively agree and, by execution hereof, are bound to the mutual obligations herein contained and to the performance and accomplishment of tasks hereinafter described: Page 2 of 20 EXHIBIT 1 L PURPOSE 1.01 This AGREEMENT is entered into between the CITY and each of the DISTRICTS separately for the purpose of designating procedures, processes, and fee structures which will streamline the delivery of certain governmental functions and services in an efficient and cost effective manner. 1.02 It is understood and agreed by each PARTY that this AGREEMENT is between the CITY each DISTRICT, separate and apart from all other DISTRICTS that may be a PARTY to this AGREEMENT. In the event of termination as to one DISTRICT for any reason,except for expiration of the term,this AGREEMENT shall remain in full force and effect as to all other PARTIES, unless previously terminated, as provided herein. 1.03 It is understood and agreed by the PARTIES hereto that the provisions of this AGREEMENT only supplement and amend the applicable Ordinances, regulations, policies, and procedures currently in effect and which shall become effective during the term of this AGREEMENT. In the event of a current or future conflict during the term hereof, this AGREEMENT shall control with the exception of changes to the health and safety codes. II. TERM 2.01 The term of this AGREEMENT shall be for a period of one year beginning upon the last day of execution by both PARTIES. This AGREEMENT shall automatically renew in successive one-year terms unless terminated as provided herein. 2.02 This AGREEMENT shall terminate in the event a PARTY, through its governing body, fails to appropriate sufficient funding to meet its obligations under this AGREEMENT. Sums paid under this AGREEMENT, if any, shall be paid only from current revenues available to the paying PARTY. 2.03 Notwithstanding any other provision herein, any PARTY may terminate its participation in this AGREEMENT, with or without cause, if it provides a 60-day written notice to the other PARTY of termination. III. LIAISONS AND NOTICES 3.01 Unless written notification to the contrary is received by CITY, the DISTRICT's Superintendent, President, or his/her designee, shall be its designated representative responsible for the management of this AGREEMENT. See Exhibit"B" for list of designated representatives. 3.02 Unless written notification by CITY to the contrary is received by the DISTRICT,the City Manager, or his/her designee, shall be CITY's designated representative responsible for management of this AGREEMENT. See Exhibit"B" " for list of designated representatives. 3.03 Communications between CITY and DISTRICT shall be directed to the designated representatives of each PARTY, as set out in this ARTICLE III. 3.04 For purposes of this AGREEMENT, all official communications and notices among the PARTIES shall be deemed sufficient if in writing and mailed, registered or certified mail, Page 3 of 20 EXHIBIT 1 postage prepaid, to the addresses set forth on Exhibit"A" or emailed to addresses in Exhibit "B" attached hereto and incorporated herein for all purposes. For purposes of project management that includes communications related to status reporting,preliminary plan review and permits shall be conducted between the designated DISTRICT Project Manager and the CITY's Director of Development Services or their designee, hereinafter referred to as CITY Representative. 3.05 Notice of change of address by any PARTY must be made in writing and delivered to all other PARTIES' last known address within five (5)business days of such change. 3.06 All PARTIES to this AGREEMENT shall use best efforts to promptly circulate to one another all CITY regulatory interpretations that present issues pertinent to the concerns of the DISTRICT. IV. LEGAL AUTHORITY 4.01 The PARTIES represent, warrant, assure, and guarantee that they possess the legal authority, pursuant to any proper, appropriate, and official motion, resolution, ordinance, or action passed or taken, to enter into this AGREEMENT and to perform the responsibilities herein set out. V. PERMITTING REVIEW PROCESS 5.01 For the DISTRICT's construction activities during the term of this AGREEMENT, the PARTIES agree to utilize the processes and procedures set out in this ARTICLE V. 5.02 Platting a. The District agrees to and shall assign a representative to attend the applicable Platting (preliminary or Final) and Technical Review Committee meetings. The Platting meetings provide information regarding Platting and future or contemplated development within the City and County. Duties of this representative shall include, but not be limited to, the following: i. Cooperating with the CITY in developing comprehensive community/neighborhood plans to identify appropriate new school sites,taking into consideration, among other things, right-of-way and other easements for authorized CITY projects; ii. Cooperating with the CITY in identifying the potential and then pursuing joint site facility development to safeguard the community investment at the lowest cost possible for both the CITY and DISTRICT; iii. Cooperating with the CITY in the development of cooperative plans between the PARTIES on the re-use and redevelopment of existing facilities and sites; and iv. The DISTRICT shall provide the name(s) of the designated individual(s)to the CITY Representative. This representative shall be a DISTRICT Official and be competent in city planning, construction, and code compliance issues. Page 4 of 20 EXHIBIT 1 b. To the extent reasonably possible and in taking into account DISTRICT expansion needs, a school or schools may be constructed at any location designated "residential" on any currently valid Master Preliminary Plat or Preliminary Plat filed after the date of this AGREEMENT without the need for modifying and resubmitting the Master Preliminary Plat or Preliminary Plat to reflect the exact location of the school or schools within the subject Development. This subsection shall not prevent the CITY from requiring that streets near school sites be upgraded by the DISTRICT to Collector Street status in accordance with the City's current regulations and DISTRICT's Traffic Impact Analysis as mutually interpreted by both the CITY and DISTRICT. 5.03 Early Assistance Meetings and Preliminary Plan Review. All new construction and major renovations shall require at least two (2) early assistance meetings to include: one (1) prior to design and one (1) during design and at least one preliminary plan review by all CITY Departments of ninety (90)percent(%) construction documents at no charge. During the design phase of a project, CITY shall provide personnel with the expertise and authority to interpret codes, ordinances, and regulations, resolve disputes, and evaluate requested modifications and/or alternative methods of construction. The DISTRICT shall respond to code issues raised by applicable CITY Departments pertaining to construction code compliance, traffic, driveway and parking lot layout, fire protection, landscaping, trees, historic preservation, drainage, stormwater detention and floodplain, platting, zoning, utility extension or upgrades, and other such areas of CITY's authority and control.Any requests for alternative methods of construction, materials, or code interpretations must be submitted in writing by the DISTRICT to the CITY's Representative, who shall approve or deny the request by written response within ten (10) business days. With DISTRICT's consent, CITY may extend the review period when necessary to accommodate the magnitude of the review. 5.04 Permit Plan Submission, Review, and Building Permit Issuance, Courtesy Inspections in Annexation Areas. a. Permit Plan Submission: A completeness review of applications shall be performed by the Development Services Permitting Team within two (2) business days to ensure a complete submittal. b. The DISTRICT shall designate an architect or engineer of record for each project who shall be responsible for reviewing and coordinating all submitted documents prepared by others, including deferred submittal items, for compatibility with the design of the building. All dispute resolutions shall be coordinated by either the district representative or the architect or engineer of record. Subcontractors and other interested parties may contact the CITY for project status. C. After plan completion requirements set out in paragraph 5.04(a) are met, the CITY shall comply with the following initial plan review timeframes on average: i. Plan review for new construction or phased remodel projects shall be completed in ten (10) business days. Page 5 of 20 EXHIBIT 1 ii. Plan review for minor remodel projects and canopies shall be completed in seven (7)business days; and iii. Plan review for portable buildings shall be completed in three (3)business days. d. The fee for any service shall be equivalent to seventy-five(75)percent(%) of the fee adopted by the CITY for a similar review or inspection of a similar project within the jurisdiction of the CITY for job valuations five million dollars ($5,000,000) or less. e. The fee for any service shall be equivalent to fifty(50)percent(%)of the fee adopted by the CITY for a similar review or inspection of a similar project within the jurisdiction of the CITY for job valuations of more than five million dollars ($5,000,000). f. The DISTRICT's valuation shall be the same as submitted to the State of Texas Department of Licensing and Regulation's Elimination of Architectural Barriers System (TABS). g. The DISTRICT shall have the option to request a review of building permits under the building codes adopted at the time a bond construction program is approved or to abide by the adopted codes at the time of permitting. The building codes selected will govern all applicable disciplines and shall not exceed one previously adopted code cycle from the time of permitting. Land acquisitions and plat applications shall not be considered in determining the applicable code cycle for building permits. 5.05 When Building Permits are issued, the DISTRICT acknowledges, represents, and agrees to comply with all applicable codes and the performance requirements associated with the Building Permit and may commence construction and proceed. a. Upon request and if otherwise allowed by law, a Conditional Building Permit may be issued when the code compliance deficiencies cannot be corrected, and compliance cannot be achieved without the review of additional information by the CITY. The Conditional Building Permit shall be for a period of 60 to 120 days as required to allow for the submission and review of supplementary information. Construction can proceed during the period of the Conditional Building Permit but must cease if the terms of the Conditional Building Permit have not been complied with during the period of the permit. b. Any work conducted without the required permit(s) is subject to additional fees and penalties pursuant to the CITY's adopted building code, municipal code, unified development code, and fee schedule. C. Upon the CITY's acceptance of plans for review, the CITY will review the plans and issue a building permit or a Conditional Building Permit. The time periods set out in 5.04 shall exclude the time the DISTRICT uses to respond to a deficiency(s) and will resume when the DISTRICT submits revised plans resolving the deficiency(s). After an initial review, a project may require additional reviews. The DISTRICT will have access to a project's review period by accessing the CITY's database via the Internet or by coordinating with the CITY representative. The CITY will not issue a Conditional Building Permit if one Page 6 of 20 EXHIBIT 1 or more deficiencies exist in the following categories: • Deficient means of egress, including temporary existing facilities, • Deficient Type of Construction (based on allowable height and area), • Deficient fire flow • Deficient fire department access (fire lanes) • Deficient or missing occupancy separations, or ■ Construction over easements ■ Traffic Impact Analysis ■ Traffic management plan ■ Adverse impacts present. 5.06 School District Annual Accounting and Advisory Committee. a. The City Manager's Office shall perform an annual review of the AGREEMENT. As part of such annual review, the City Manager's Office shall solicit the written comments of the DISTRICTS on the efficacy of the School District Interlocal Agreement. The City Manager's Office shall prepare a written summary of the findings which are the result of such annual review and shall provide a copy of such summary to the Director of the Development Services Department and each of the DISTRICTS (at the respective addresses set out on Exhibit A hereto). b. Representatives of the DISTRICT and the Director of the Development Services Department(or the designee)will meet at a mutually convenient time every January,April, July, and October during the term hereof to (i) assess the efficiency of the efforts of the DISTRICTS and the CITY under this AGREEMENT; (ii) discuss ways to improve the various processes through which DISTRICT projects are platted,permitted, and inspected; and (iii) implement improvements to such processes. Meetings may be canceled if all parties agree. 5.07. Storm Water Management and Off-Site Improvements. The intent of this section is to provide clarity and flexibility for school participation in the Storm Water Management Program while maintaining the spirit of the City Code and accounting for school-related constraints and circumstances. For purposes of this AGREEMENT, storm water management matters shall be handled as follows: a. Storm water and floodplain related design shall be in accordance with the Infrastructure Design Manual (IDM), and Areas of Special Flood of the City Code, except as discussed in this section. b. Submittal requirements are as follows: i. The DISTRICT will not be required to submit any engineering studies, nor construct any drainage improvements for existing, new, or relocated Portable Buildings. ii. Projects shall provide site, grading, and drainage plans (as applicable) for handling and discharging storm water into receiving streets, streams, drainage facilities, etc. Page 7 of 20 EXHIBIT 1 c. Storm Water Planning and Coordination i. For renovation of existing school facilities, the DISTRICT may, at no cost, meet and confer with the CITY's Public Works Director or designee to discuss the project and whether there are any known or potential off-site drainage problems downstream or within the same watershed of the project. ii. At the request of and at no cost to the DISTRICT, Development Services or Public Works will review storm water management plans, drainage design, and flood studies prior to plat and/or building permit submittals in an effort to facilitate site planning and expedite plat and permit review. iii. CITY will coordinate with DISTRICT to provide planning information related to CITY storm water infrastructure, reported drainage and flooding issues, and potential CITY projects. d. Storm Water Mitigation i. If on-site detention is found to be required, it may be constructed onsite, or it may be oversized at one or more school sites to accommodate increased runoff from other school sites in the same sub-watershed. Neither sites' development/redevelopment may result in an adverse impact downstream of the respective site. On-site detention may be incorporated into school playgrounds, parking areas, underground, on roofs, Low Impact Development(LID) features, or as otherwise approved. ii. The DISTRICT and CITY may also agree that the DISTRICT design, construct, or provide materials for construction of offsite mitigation within the same watershed instead of providing detention. Either of these options would satisfy the requirements of the City Code Examples of offsite mitigation projects include but are not limited to improvements to street or alley drainage, low water crossings, and drainage channel expansions. iii. If there are no suitable options for detention or other mitigation within the same watershed of a project, the CITY and DISTRICT may agree on mitigation at a site in a different watershed. iv. Offsite mitigation or detention as described above may be formalized by the CITY and DISTRICT entering into a Development Agreement or other equivalent agreement. The CITY will facilitate the Development Agreement process to avoid unnecessary negative impacts to school projects, construction schedules, and operation of educational facilities. e. Construction activities shall comply with all applicable rules and regulations associated with maintaining compliance with CITY's Texas Pollution Discharge Elimination System(TPDES)and Municipal Separate Strom Sewer Systems(MS4) permits. f. Any questions regarding these drainage provisions shall be directed to the Public Works Assistant Director of Storm Water, Floodplain Administrator, or designee. Appeals of any decision shall be made to the CITY's Director of Public Works or their designee. 5.08 Landscaping; Tree Preservation; Parking. Page 8 of 20 EXHIBIT 1 a. DISTRICTS shall have the option to comply with the City's Landscaping Ordinance at the time of Bond Approval or initial project notification from DISTRICT representatives. b. DISTRICTS will not be required to plant any landscaping for existing, new or relocated Portable Buildings. C. Each DISTRICT will be allowed to fulfill any replanting and/or mitigation requirements by planting or replanting trees and/or other landscaping of equivalent value on sites that such DISTRICT owns or leases. d. Upon application by the DISTRICT and with approval of the CITY, parking lot shading and other landscaping requirements may be modified as may reasonably be necessary to enhance the efficiency of security, cameras, and/or lighting. e. Landscaped areas shall be irrigated in accordance with the Unified Development Code and Municipal Code requirements. Temporary irrigation will be allowed during construction as an alternate means of compliance, until full compliance with CITY code can be made. f. If an irrigation system is not required as above, a hose bib must be installed within one hundred and fifty (150) feet of the newly installed plant material. A two (2) year watering schedule shall be submitted for gator bags or other alternative proposed irrigation system for new plantings. The CITY may conduct a follow up inspection within three (3) years to verify installed plant material is still in place. g. For a limited area of development, only the identified limits of construction shall be reviewed for landscaping requirements on a platted lot. h. Upon mutual AGREEMENT of the DISTRICT and the CITY, each DISTRICT shall have the discretion to reduce maximum parking requirements for existing schools based on the following health, safety, and general welfare issues: i. any parking regulations in force and effect which may impact the vehicle traffic on and around the school property; ii. the type of construction being undertaken by the DISTRICT at the location in question and what, if any, increase or decrease in vehicular traffic can be anticipated from the final construction; and iii. any other relevant information known or that is made known. 5.09 Sidewalk, Bike Facility Requirements, and Street Cuts. a. Sidewalks and bike facility requirements at existing schools or other DISTRICT facilities need not be brought to current UDC and IDM standards, except in conjunction with additions or renovations of a value exceeding thirty-five percent (35%) of the fair market value of the entire property being renovated. Each DISTRICT shall send a letter to the CITY department charged with enforcement of its sidewalk requirements upon each occasion that such DISTRICT relies on this provision, specifying the exceptions claimed and the basis thereof. The CITY shall have the option of requiring the DISTRICT to include a formal appraisal, an informal appraisal, or no appraisal of the entire property as Page 9 of 20 EXHIBIT 1 an element of this submission, as circumstances warrant. b. New sidewalks and/or bike facilities shall be provided by the DISTRICT in connection with the construction of new facilities on an existing lot or campus in accordance with the CITY's UDC and IDM. C. Nothing in this section shall be construed as invalidating or limiting the requirements of the Americans with Disabilities Act and Texas Accessibility Standards. d. Unless specifically excluded or modified by this AGREEMENT, all work performed by the School District within the City right-of-way which involves cutting any City Street shall be subject to the terms and conditions of this AGREEMENT, and shall also be in accordance with the City of Corpus Christi Public Works policies, the Right-of-Way Ordinance, Infrastructure Design Manual (IDM), Texas Manual on Uniform Traffic Control Devices (TMUTCD), State and Federal statutes, standard provisions, and all other applicable City drawings and specifications except for the exemptions as outlined above. The following procedures shall be followed when a street cut is made: i. The asphalt restoration limits will be coordinated with Public Works before work begins and all repairs will be inspected prior to project close out by a member of Right of Way Management to ensure compliance with the IDM. ii. The DISTRICT performing the work shall warrant the street cut per CITY Ordinance after the date of completion from defects related to installation and/or design. In the event of confirmed defects within City Ordinance prescribed time-period, the work shall be repaired by the DISTRICT to a satisfactory condition acceptable to the CITY, in the CITY's reasonable discretion, within thirty (30) calendar days of receipt of notice from the CITY to the DISTRICT. Extra days shall be permitted only for inclement weather and statutory bidding requirements, if any. e. Districts shall present a list of proposed projects annually or with the passing of a bond package. i. CITY and DISTRICTS shall look at project location and proposed construction dates to coordinate proposed projects to: 1. Prevent construction conflicts. 2. Prevent improvements from being damaged with construction. 5.10 Traffic Control DISTRICT agrees to participate with CITY in providing traffic control devices in certain designated school zones to safeguard the students and other pedestrian traffic as follows: i. Whenever a new school is to be located and constructed on, adjacent to, or abutting an existing collector street, parkway, arterial street, or highway, the DISTRICT will be required to fund and install, at its expense, any traffic signals or school zone/pedestrian crossing warning flashers and traffic control devices that are determined necessary by virtue of the increased vehicular and pedestrian traffic anticipated to be generated by or from such school. All work shall be in compliance with the City's current regulations, the Page 10 of 20 EXHIBIT 1 Traffic Impact Analysis, the latest editions of the City of Corpus Christi Infrastructure Design Manual, Standard Specifications for Construction, Standard Details for Construction, and the Texas Manual on Uniform Traffic Control Devices. Fully operational systems shall be required prior to acceptance by the CITY. ii. For additions or renovations to existing schools, the DISTRICTS will be required to fund and install, at its expense, any traffic signals or school zone/pedestrian crossing warning flashers and traffic control devices as a result of altered or added school zones, reductions or additions of driveways (that impact traffic flow), changes to pedestrian traffic patterns, renovations that exceed 35% of the general cost of the building, or addition of occupancy to the existing school. The District will be responsible for providing exhibits, calculations or studies including: Traffic Impact Analysis, traffic plans, pick-up and drop-off procedures that show no change in traffic patterns or circulation. For areas where new traffic devices are required,the DISTRICT may request reimbursement from the CITY for up to 50% of the direct expenses to be incurred by the DISTRICT to install the signals and/or flashers which are determined necessary by the CITY. To be considered, the DISTRICT must provide the CITY with the following: A. a minimum of six (6) months advance notice; i. City Council approves the Fiscal Year Budget in September of each year, depending on when notice is provided, funding may not be allocated by City Council until the following Fiscal Year; B. design plans signed and sealed by an engineer that are in full compliance with the latest editions of the City of Corpus Christi Infrastructure Design Manual, Standard Specifications for Construction, Standard Details for Construction, and the Texas Manual on Uniform Traffic Control Devices; and C. An estimate of probable cost establishing a not-to-exceed amount subject to City Council Approval. Approved reimbursement requests will be processed after final inspection by the designated CITY representative. The DISTRICT shall submit to the CITY detailed itemized billings of all expenses specifically associated with the construction of the subject traffic control device. The DISTRICT will be reimbursed 50% of the actual expenses submitted by the DISTRICT and agreed upon by the CITY. 5.11 Inspections and Resolution of Disputed Violations and Issuance of Certificates of Occupancy: a. CITY shall issue Certificates of Occupancy when all inspections have been made, code violations corrected,and drainage issues are satisfied. The CITY shall issue the DISTRICT a temporary Certificate of Occupancy in accordance with the CITY's building code. b. CITY and DISTRICT shall each identify a person to settle disputes arising from disagreements over CITY Code or construction plan violations identified by CITY Inspectors. Upon request of the DISTRICT or CITY, said dispute will be submitted to a representative of CITY's Development Services Director or staff with authority to resolve the dispute, who shall rule on the dispute within 48 hours of its submission. The decision is appealable to the appropriate CITY Board. Page 11 of 20 EXHIBIT 1 c. On a multiple building project on the same platted site, at DISTRICT's written request, CITY shall issue a permanent Certificate of Occupancy for each individual building as it is completed and ready for occupancy. d. CITY inspectors shall not add or change requirements established by the CITY's Plans Review Team unless it is a life, health or safety issue. Any action of a field inspector inconsistent with the prior determination of the CITY's Plans Review Team shall be resolved by the application of the procedures set out in the current version of the CITY's Standard Operating Procedure ("SOP"). 5.12 Portable Buildings. "Portable Buildings" means those structures which (i) are located on real property owned or leased by a District; (ii) are not placed on any permanent foundation; (iii) are designated by the DISTRICT for education related purposes as portable or temporary classroom buildings or for administrative or maintenance purposes. Portable Buildings may either be constructed in accordance with Title 7, Subtitle C, Chapter 1202 of the Texas Occupations Code (Industrialized Portable Building) or constructed in accordance with the technical codes of the CITY (Conventional Portable Building). a. New Portable Buildings. Installation of new Portable Buildings shall be in accordance with currently adopted CITY technical codes. b. The issuance of building permits for any Industrialized Portable Building may be expedited by the submission of master building plans for the specific type of industrialized structure to the CITY. Upon approval, master plans shall be identified in accordance with a numbering system determined by the CITY. DISTRICT agrees that upon application for an expedited building permit the DISTRICT will identify by number the pre-approved master plan that will be utilized for placing the building on DISTRICT property. The CITY agrees to issue a building permit for said building within three (3)business days of receipt of the application provided there is compliance with all other applicable regulations. c. Existing Portable Buildings. The PARTIES agrees that upon application for a permit to move an existing Portable Building, that if a DISTRICT can satisfactorily demonstrate to the CITY that a Portable Building has been previously inspected and approved by the CITY, the building may be relocated by the DISTRICT in compliance with subparagraph d below. The CITY agrees to issue a building permit within five (5) business days from receipt of the Foundation Plan and Site Plan for review from DISTRICT. d. Existing Portable Buildings which have been previously inspected and received a Certificate of Occupancy from the City of Corpus Christi that are moved within or to another existing school campus or other real property owned or leased by a DISTRICT, without any structural changes other than the new or revised foundation, shall comply with the following procedures: i. A building permit or conditional building permit shall be obtained from the CITY prior to moving and setting the Portable Building on the new foundation. ii. The CITY shall comply with the initial plan review timeframes listed in Section Page 12 of 20 EXHIBIT 1 5.04(c)iii. iii. For Portable Buildings with an occupant load exceeding 50 occupants, stairs and ramps serving the buildings shall be a minimum of 44 inches wide. iv. Portable Buildings must be a minimum of 30 feet from the main structure and include interconnected single station smoke alarms for all portables in the vicinity and a wired 2-way communication system at Elementary Schools if any of the following occur: A. the Portable Building occupant load exceeds 50 occupants but is less than 60 occupants. B. the Portable Buildings are located less than 20 feet from adjacent portable buildings. C. Portable Buildings in clusters of 2 or more and located less than 20 feet from adjacent portables will provide a second exit from the landing in the opposite direction of the main exit from the landing. The second provided exit is allowed to discharge onto unimproved surfaces and is to be used for emergency egress only. iii. The CITY's plan review and inspections of the moved Portable Buildings shall be limited to the following: A. location of building(s) on site with regards to fire department vehicle access; minimum fire hydrant requirements, including minimum number, location and spacing; exterior wall protection requirements; zoning setbacks; and platting considerations (e.g., easements, etc.); B. fire protection system requirements, including fire alarm system installation and monitoring excluding Elementary School portables with an occupant load less than 50; C. structural foundation design and construction, including tie downs and other means of attachment; D. means of egress components, including stairs, steps, ramps and railings design; and E. electrical and plumbing service and connections and condensate disposal. iv. The DISTRICT shall supply a certified design and/or inspection certificate from a licensed structural engineer for the foundation design and construction as well as any other structural component if and when required by the CITY. V. The CITY shall issue a Certificate of Occupancy for each Portable Building when all inspection items are approved by the applicable inspectors. e. The CITY and DISTRICTS shall work together to identify all existing Portable Buildings that currently do not have record of a Certificate of Occupancy. Once identified, the CITY shall perform Certificate of Occupancy inspections on each of these Portable Buildings in order to determine if a full Certificate of Occupancy can be issued. The CITY's inspection of these existing Portable Buildings will be to identify and correct only life-safety-related deficiencies, not to bring these existing structures into compliance with the City's existing building codes. If no life-safety deficiencies are noted, the City shall issue a Certificate of Occupancy for the Portable Building. The DISTRICTS shall correct noted life-safety deficiencies as directed by the CITY prior to issuance of a Certificate of Page 13 of 20 EXHIBIT 1 Occupancy. The DISTRICT may appeal the decision of a CITY inspector as to whether a noted deficiency is life-safety-related in writing to the Director of Development Services. Each DISTRICT shall use good faith efforts to ensure that each existing Portable Building of such DISTRICT shall have a documented Certificate of Occupancy within four years following the execution of this AGREEMENT,in accordance with a schedule that includes at least 25% completed within the first year, 50% completed within the second year, and 75% completed within three years after the execution of this AGREEMENT. f. Should a DISTRICT require a Temporary Certificate of Occupancy for one or more Portable Buildings, a Temporary Certificate of Occupancy fee of $100 per portable shall be assessed against such Portable Building(s). A Portable Building Temporary Certificate of Occupancy is valid for a maximum of sixty (60) days. At the end of sixty (60) days, if all items are not corrected and all inspections passed to obtain a permanent Certificate of Occupancy, the DISTRICT shall apply for a new Temporary Certificate of Occupancy which will carry a renewal fee of$100 per portable for a maximum of sixty (60) additional days. The DISTRICT shall work in good faith to obtain a permanent Certificate of Occupancy by correcting all inspection-noted deficiencies as soon as possible. g. There shall be no requirement that a DISTRICT must install and maintain skirting around the base of any Portable Building. h. The City recognizes the Districts as being expert in the behavior and scheduling of student needs relative to restroom breaks and travel distances. The DISTRICTS shall locate each Portable Building within a reasonable distance from accessible restroom facilities for both boys and girls, but in no case shall the maximum distance exceed 750 feet. Every reasonable effort shall be made by a DISTRICT to first locate each Portable Building within 500 feet of restroom facilities before locating a Portable Building beyond that distance. 5.13 Project Notices and Dispute Resolution. The architect or engineer submitting plans for a project shall be the primary point of contact for all notices and dispute resolution procedures. However, when a DISTRICT representative deems necessary, the DISTRICT representative may notify the Director of Development Services that further communications should be directed to either the DISTRICT representative or another architect or engineer. However, nothing herein waives the legal requirements that a licensed architect or engineer shall certify plans for a project. 5.14 Required Security of the Unified Development Code ("UDC"). During the term of this AGREEMENT, CITY will not require DISTRICT to post a performance bond, letter of credit, trust AGREEMENT, cash, or other form of security in favor of CITY normally required under the UDC and related provisions; provided that in lieu of posting such security, DISTRICT provides CITY with a formal Resolution passed and approved by its Board of Trustees assuring construction, within three years, of all items that would normally be the subject of the security. The resolution shall be delivered to CITY prior to the recordation of the plat. The assurances provided under the resolution shall survive any termination of this AGREEMENT and failure of DISTRICT to comply with the assurances to complete the construction as resolved by the DISTRICT's Board of Trustees, shall be considered a breach of this AGREEMENT. Upon breach, CITY may pursue any and all Page 14 of 20 EXHIBIT 1 legal and equitable remedies available to it. 5.15 Vested Rights. a. DISTRICT and the CITY agree that all renovations and additions to existing DISTRICT facilities shall be subject to the CITY's Building Code for Existing Buildings ("Existing Building Code"). b. DISTRICT and the CITY agree that, in connection with the construction of new DISTRICT facilities on land the DISTRICT has acquired from a property owner, the DISTRICT shall be entitled to any and all rights under Texas Local Government Code Chapter 245 that the property owner had on such project, and such rights shall be deemed transferred with respect to such project from the developer to the DISTRICT. 5.16 Annexation. a. The PARTIES agree that land, and any associated projects, identified in the CITY'S Extra Territorial Jurisdiction(ETJ) shall be subject to the riles,regulations, and provisions of the Unified Development Code. b. If the CITY annexes the land on which a DISTRICT is constructing any facilities under one or more permits issued by a County, the DISTRICT may proceed pursuant to such permits and any plans that were approved by the County. The CITY shall conduct its inspections on the basis of such approved plans. The CITY and the DISTRICT'S design and construction team shall meet so that the DISTRICT can advise the CITY regarding: (i) an overview of the project, (ii) the permits already issued by the County, and (iii) the current status of construction. The CITY and the DISTRICT shall negotiate plan reviews, inspections and any applicable fees. The DISTRICT shall provide copies of any and all County-approved construction documents for CITY retention per the CITY's building codes and applicable law. c. DISTRICT agrees to petition for annexation when DISTRICT's property is contiguous to the City limits. 5.17 New Contractor. If a DISTRICT changes contractors during a construction project for any reason, including the default of the original contractor and the replacement of the same with another contractor hired by the surety, any delay resulting from such change shall not have the effect of changing the rules, regulations, and Unified Development Code provisions which govern such construction, provided that the delay resulting from the removal of an existing contractor and the hiring of a replacement does not exceed eighteen (18) months. If such delay exceeds eighteen (18) months, then requests for permit extensions shall be favorably considered to preserve the applicability of the regulations in effect when the project was commenced, subject to the payment of any applicable permit extension fees. 5.18 Water Quality. Notwithstanding any provision of this AGREEMENT, DISTRICT Page 15 of 20 EXHIBIT 1 acknowledges, represents, and agrees to comply with all the provisions and performance requirements of Chapter 44, Water Quality Control and Pollution Prevention, and other sections of the City Code in effect when the DISTRICT approves the project. In no case shall that date be prior to the date of this AGREEMENT. 5.19 Tempered Water and Public Facilities. DISTRICTS shall be exempt, if they choose, from the application of Section 419.5 of the International Plumbing Code as adopted by the City of Corpus Christi, which specifically states "Tempered Water for Public Hand Washing Facilities. Tempered water shall be delivered from lavatories and group wash fixtures located in public toilet facilities provided for customers, patrons, and visitors. Tempered water shall be delivered through an approved water-temperature limiting device that conforms to ASSE 1070/ASME Al 12.1070/CSA 13125.70 or CSA B125.3." VI. CHANGES AND AMENDMENTS 6.01 Except when the terms of this AGREEMENT expressly provide otherwise, any alterations, additions, or deletions to the terms hereof shall only be by written amendment formally approved by the governing body of the PARTIES. Amendments to this AGREEMENT shall be proposed in writing to the other PARTY within 120 days of the expiration of the current one-year term. 6.02 It is understood and agreed by the PARTIES hereto that changes in local, state and federal rules, regulations, or laws applicable hereto may occur during the term of this AGREEMENT and that the provisions of this AGREEMENT shall prevail but only to the extent that they are not in conflict with federal and state law. If any changes to local rules, regulations, or laws mandate a change in the provisions contained in the AGREEMENT, then the PARTIES shall negotiate, in good faith, and execute, an appropriate amendment of this AGREEMENT within 90 days of the effective date of such change. VII. ASSIGNMENTS 7.01 No Party hereto shall transfer,pledge, or otherwise assign this AGREEMENT, any interest in and to same, or any claim arising thereunder. This AGREEMENT is not assignable in any respect. Any attempt at transfer,pledge, or other assignment shall be void ab initio and shall confer no rights upon any third person. VIII. SEVERABILITY OF PROVISIONS 8.01 If any clause or provision of this AGREEMENT is held invalid, illegal, or unenforceable under present or future federal, state, or local laws, then and in that event it is the intention of the PARTIES hereto that such invalidity, illegality, or unenforceability shall not affect any other clause or provision hereof and that the remainder of this AGREEMENT shall be construed as if such invalid, illegal or unenforceable clause or provision was never contained herein. IX. ENTIRE AGREEMENT 9.01 This AGREEMENT constitutes the final and entire AGREEMENT between the parties Page 16 of 20 EXHIBIT 1 hereto and contains all the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind the parties hereto unless same be in writing, dated subsequent to the date hereof, and duly executed by the parties. X. PARTIES BOUND 10.01 This AGREEMENT shall be binding on and inure to the benefit of the PARTIES hereto and their respective legal representatives, successors, and assigns, except as otherwise expressly provided herein. XI. GENDER 11.01 Words of gender used in this AGREEMENT shall be held and construed to include the other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. XII. RELATIONSHIP OF PARTIES 12.01 Nothing contained herein shall be deemed or construed by the PARTIES hereto, or by any third party, as creating the relationship of principal and agent, partners,joint venturers or any other similar such relationship between them. XIII. TEXAS LAW TO APPLY 13.01 This AGREEMENT shall be construed under and in accordance with the laws of the State of Texas and all obligations of the PARTIES created hereunder are performable in Nueces County, Texas. XIV. CAPTIONS 14.01 The captions contained in this AGREEMENT are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this AGREEMENT. XV. MULTIPLE ORIGNALS 15.01 This AGREEMENT may be executed in multiple originals. The PARTIES agree that it is not necessary for each or every PARTY to execute the same physical document. The AGREEMENT binds the CITY and each individual DISTRICT upon execution of the AGREEMENT by an authorized representative of the CITY and that DISTRICT. Page 17 of 20 EXHIBIT 1 EXECUTED in duplicate originals on this the day of , 2023. CITY OF CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Peter Zanoni Superintendent/President City Manager ATTEST: ATTEST: Rebecca Huerta Title: City Secretary APPROVED AS TO FORM Miles Risley City Attorney ATTACHMENTS EXHIBIT A ADDRESSES OF PARTIES EXHIBIT B LIST OF REPRESENTATIVES Page 18 of 20 EXHIBIT 1 EXHIBIT A ADDRESSES OF PARTIES Del Mar College Mark Escamilla,PH. D,President 101 Baldwin Blvd Corpus Christi,Tx 78404 Calallen Independent School District Emily Lorenz, Superintendent 4205 Wildcat Dr. Corpus Christi,TX 78410 Corpus Christi Independent School District Dr. Roland Hernandez, Superintendent 801 Leopard St. Corpus Christi,TX 78401 Flour Bluff Independent School District Velma Soliz-Garcia, Superintendent 2505 Waldron Road Corpus Christi,TX 78418 London Independent School District Judi Whitis, Superintendent 1306 FM43 Corpus Christi, TX 78415 Tuloso-Midway Independent School District Steve VanMatre, Superintendent 9760 La Branch Corpus Christi, TX 78410 West Oso Independent School District Kimberly Moore, Superintendent 5350 Bear Lane Corpus Christi, TX 78405 Page 19 of 20 EXHIBIT 1 EXHIBIT B LIST OF REPRESENTATIVES CITY OF CORPUS CHRISTI City Manager Assistant City Manager over Development Services Director of Development Services Assistant Director of Development Services CORPUS CHRISTI ISD TBD Page 20 of 20 AI Raymond, AIA, CBO November 28, 2023 m INTERLOCAL AGREEMENT F � I. • � �"' a .�,e {,•al Q, s ,. , .lye, ,amu«, _ �. a EI �W�Iti Lf .1 Yb BENEFITS 4 • Reduction in fees saves taxpayers money. • Coordination of Traffic related items provide clear direction for City and District early in the process. ' • Allowance of projects to permit under the building code at the time of the Bond passing ® helps control any cost increase related to a new building code changes. • Clear concise rules help expedite construction. BENEFITS • Reduced timelines for plan review and permit issuance provide for quicker turnarounds for construction to begin. • Review of 90% construction documents 9rprovides for reviews and comments before a full permit package is submitted, thus reducing unnecessary O delays. — • Expedited portable permitting provides for cost savings and increased flexibility in their use across the district. • All School District projects will be a DSD priority RECOMMEND APPROVAL O O O PROMOTES SAVES TAXPAYER ANY QUESTIONS? COORDINATION MONEY so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of November 28, 2023 DATE: November 28, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, P.E., Director of Public Works ErnestoD2(a-)-cctexas.com (361) 826-1677 Briefing from Flatiron/Dragados on the Harbor Bridge Replacement Project OUTSIDE PRESENTERJa Name Title/Position Organization 1. Lynn Allison Public Information Coordinator Flatiron/Dragados BACKGROUND: Flatiron Dragados, LLC in partnership with the Texas Department of Transportation, will brief City Council on the Harbor Bridge Replacement Project. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Harbor Bridge Replacement Project