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Agenda Packet City Council - 08/20/2024
Cityof Corpus Christi 1pus Leopard Street F' Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday,August 20, 2024 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor Raul Elizondo with New Life at the Cross. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Harleaux Arnold, 6th grader at Incarnate Word Academy. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 24-1363 Overview of City Senior Center Fitness Program, Betty Guerrero, Volunteer Fitness Coordinator 2. 24-1333 Texas Municipal League (TML) Municipal Policy Summit Recap, Presented Ryan Skrobarczyk, Director of Intergovernmental Relations City of Corpus Christi Page 1 Printed on 8/19/2024 City Council Meeting Agenda-Final-revised August 20, 2024 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period on a city-related matter or agenda item, 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 Communications Department at least 24 hours prior to the Meeting. Please contact Communications at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BRIEFINGS: (ITEM 3) 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. 3. 24-1367 Council Update from Port Commissioner Appointees 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 4 - 19) 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. 4. 24-1390 Approval of the August 13, 2024 Regular Meeting Minutes Sponsors: City Secretary's Office Consent- Second Reading Ordinances 5. 24-1287 Ordinance to amend Ordinance 033281 as required by Texas Commission on Environmental Quality regulations by amending Section City of Corpus Christi Page 2 Printed on 8/19/2024 City Council Meeting Agenda-Final-revised August 20, 2024 55-141(d)(3) of the City Code to update the list of pollutants for which limits may be established in an industrial discharge wastewater permit utilizing the Broadway Wastewater Treatment Facility and the Oso Water Reclamation Plant, providing for a penalty not to exceed $2,000 and publication. Sponsors: Corpus Christi Water 6. 24-1230 Ordinance amending Section 2-330 of the Code of Ordinances of the City of Corpus Christi, Texas to provide for outside representation of City Officials for alleged violations before the Ethics Commission. Sponsors: Legal Department 7. 24-1221 Ordinance authorizing acceptance and amendments of Texas Beach Watch (TBW) Program Grant for $140,000.00 from the Texas General Land Office (GLO) to provide beach water sampling in Nueces, Aransas, and San Patricio County under the Texas Beach Watch Program for the period of September 1, 2024, through August 31, 2025; and authorizing one existing position to be funded by this grant and appropriating $140,000.00 in the Health Grant Fund. Sponsors: Health Department 8. 24-1324 Ordinance terminating Tax Increment Reinvestment Zone (TIRZ) #5, City of Corpus Christi, Texas; dissolving the tax increment fund for the zone; dissolving the board of directors for the zone; providing an effective date; and appropriating and transferring related funds as necessary. Sponsors: Economic Development 9. 24-1216 Ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 Internship program; appropriating $15,000 from the unreserved fund balance of the Type B fund; and amending the budget. Sponsors: Economic Development 10. 24-1195 Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Ordinance rezoning a property at or near 3909 Laguna Shores Drive from the "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District to the "CR-1" Resort Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Applicant originally requested a zoning change to the "CR-1" Resort Commercial District, consents to staff recommendation.) Planning Commission and Staff recommend approval. Sponsors: Development Services 11. 24-1241 Ordinance authorizing a Water Arterial Transmission & Grid Main City of Corpus Christi Page 3 Printed on 8/19/2024 City Council Meeting Agenda-Final-revised August 20, 2024 Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). Sponsors: Development Services 12. 24-1316 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141,108.94 to reimburse the developer in accordance with the agreement. (District 1). Sponsors: Development Services 13. 24-1317 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1). Sponsors: Development Services 14. 24-1318 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131,835.50 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services 15. 24-1242 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). Sponsors: Development Services 16. 24-1315 Ordinance authorizing a Water Arterial Transmission & Grid Main City of Corpus Christi Page 4 Printed on 8/19/2024 City Council Meeting Agenda-Final-revised August 20, 2024 Construction and Reimbursement Agreement up to $1,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rats fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement (District 5) Sponsors: Development Services Consent- Contracts and Procurement 17. 24-1156 Motion authorizing execution of a one-year service agreement, with two one-year options, with Horacio Carrillo III, dba Carrillo's Welding Services "CWS", of Corpus Christi, in an amount not to exceed $104,100.00, with a potential amount up to $312,300.00 if options are exercised, for welding and fabrication services for Solid Waste Services, with FY 2024 funding of$8,675.00 from the General Fund. Sponsors: Solid Waste Operations and Finance & Procurement 18. 24-1224 Motion authorizing execution of a three-year service agreement, with two one-year options, for professional auditing services with Weaver and Tidwell, LLP, of Houston in an amount not to exceed $794,200.00, with a potential up to $1,364,513.00 if options are exercised, with funding of$264,733.33 from the FY2025 General Fund, subject to future budget approval. Sponsors: Finance &Procurement 19. 24-1071 Motion authorizing amendment No. 4 to the professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas, for additional meetings already conducted with the Capital Improvement Advisory Committee (CIAC) and City Staff, in the amount of$38,000.00 for a total amount not to exceed $3,981,700. Sponsors: Development Services 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: (NONE) The following items are motions, resolutions or ordinances that may be considered and voted on individually. N. EXECUTIVE SESSION: (ITEM 20) City of Corpus Christi Page 5 Printed on 8/19/2024 City Council Meeting Agenda-Final-revised August 20, 2024 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. 20. 24-1364 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 industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code §13.043 and associated statutes and regulations, 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, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions O. ADJOURNMENT City of Corpus Christi Page 6 Printed on 8/19/2024 CORPUS CHRISTI PARKS& RECREATION City of Cor 5 sti Senior C ess Program City Council Meeting August 20, 2024 • Senior Center Fitness Classes <<�' C O R P U S CH RISTI PARKSS. • Parks and Recreation values the importance AE�AEAT,o� of our Seniors health and wellness . Many fitness classes are offered at each of our locations . • Senior Fitness Classes vide Social Engagement, improv ty of life , balance and stre nd fall prevention . • Classes offered : • Low impact fitness • Tai Chi • Chair Yoga • Chair Salsa • Walking Clubs • Classes are offered Monday-Friday @ 9 : 00am and 10 : 00am Fitness Classes By the Numbers CORPUS CHRISTI PAFtK56. RECREATION Classes O_fkred 1,283 ID VLce 22,840 rr Class Duration 45 Min. :r Senior Centers 8 Fitness Betty CORPUS CHRISTI PARK56. • RECREATION • Mrs. Betty Guerro is volunteer fitness instructor for Greenwood, Lindale and Broodmoor Senior On. Centers. ��1VIrs. Guerro has been volunteering for 6 years and counting. • 854 hours volunteered • 216 classes taught (2024) • Low Impact Fitness • Tai Chi —. a csveJ�cr.i!�lPb„ 1_.i�r�ieee��ee�e.., _ P••ii«e�..o 77 lir�selwse SLdm lS,2024 E,+t,Su rn-e._ 1 a�eee_:i ee�aee�e eel e�=re a ee i Pee a}ei•• a cR: w sa a eq. �iM�ti�Q•e ':F.I i�Li�QJ.T`�Q:CR. rii�eea.Jr tie_.Ya d Pe#i ll'I M•J ie ly Y,e=lhr9a4r.J lf; a sn,.•uae�.e+ e'P�,1•.-I.,e.:{e^..1`-L�08-�+1Y(J�SIy2 L43 �Y�i�ll��lV lie. �_-• ..J': ,'.u-;,err 3Q Pb�S•eii Fe R'Mr Dw-044, +r•F-r 4shr rr2 ilTi lY�'+rl�'{�F'a__ya� r•re N Ya-n es eer iM re- •-�F+.ir•-e�. S_LLi Fees be. +r Se'e eP P{+e{TP Il__eJ sT�'PP�E�J e1w s+mil{i�+f�{f fJRl1�IP!�1 iPf.F9l7IMae 91� M Wlie� P{ti Fief•5i PYa 41i+ ey.rss Fee_ `e���Ae�heee.IF. Ilf."1[fl 9 If W.�49,L�&�YA P IilR .•. a-i-liw t��a_-r.�q..ev.ac•aa�l:arrl ��..-.-. _ar eaa essiveaeeenr.e'a��-x dlier. �4�T.aiY eeq r_e�y.L seee�et.e. i1W aM11EYI Fleece�ie�ree��e.•. E1r94.��Fr.swe lei s,e+.sk Y;g Pe�llee T+.F ,e ram EEie`ems ✓�-�-w..wall FF«w---- .. P`e-"�ea,7erwr� e��v--1 F'-1.ere--er•+ter-rl.r. + +e�RNRePeleeE 4er: rasa�,lee w r�rJe.`r:.wce a irv.Y,Y! P�e��a�iaa rar s.e��i eee SY ees vfee��a4ec*r,!•��I�eelii"1!r.�bbf k e.e�e ti~F-F a ei r_®,ereeq reme ear.i.:�eeeal eunos ewe 'ram{��e�`e wt eeeiv-et lei I'•{e�i sy e,� i.a feel eet ieehel eeeen r�Peesnse eeri.T 7F•eel eeei eWYel n.eec�i��V icy b..Y, bd pbmpJ���e 5le_I��I�ee. cY11111101 Milili H,iJ fii+r F."IA RT Texas Municipal League (TML) Municipal Policy Summit Recap O P . Ryan Skrobarczyk Director, Intergovernmental Relations August 20, 2024 TML Municipal Policy Development Process The TML Municipal Policy Summit was held in Austin, TX, on August 11t" and 12t". City delegates reviewed upcoming policy initiatives for the 89t" Texas Legislative Session. The TML Policy Summit is a midpoint in a ue's policy adoption process. Summit attendees reviewed re it ed in the previous year's TML annual business mee ML staff recommendations. TML T E X A S MUNICIPAL LEAGUE TML Municipal Policy Development Process October 2023 - The TML membership considered resolutions at the 2023 Annual Conference at the annual business meeting. August 2024 - The Municipal Policy Summit, a two-day policy briefing at which the members made recommendations6&1 eague's 2025-2026 legislative program, meets. October 2024 - The Municipal olicy Summit report, along with any other resolutions, will proceed to the annual business meeting at the 2024 Annual Conference. December 2024 - The TML Board will finalize the League's 2025-2026 legislative program based on resolutions passed in both 2023 and 2024. TML Municipal Policy Summit Discussion Panel: 2025 Texas Legislative Landscape • The Legislature is expected to have another large surplus, more than $20 billion dollars • Property tax relief will contir� a-;major priority for statewide elected officials • School finance expected to be the major policy focal point • At least 32 new State Representatives in the Texas House; 10 non- returning House Chairman indicates unknown policy preferences • Ongoing House Speaker race may shift policy orientation of the House TML Municipal Policy Summit General TML Positions Recommended SUPPORT OPPOSE Protect or expand local options on Pjoefption of local authority policy decisions 74 Protect existing incentives tolD Mandatory erosion of revenue VIN%o available to cities options or the tax base Support additional state funding for Increases to unfunded mandates infrastructure, including transportation, water, and police TML Municipal Policy Summit Policy Highlight: State Preemption of Local Authority The League should oppose legislation that would: (1) erode municipal authority in any way, impose an unfunded mandate, or otherwise be detrimental to cities, and/or (2) provide for state preemption of m Ac ito rity in general TML Municipal Policy Summit Policy Highlight: Regulation of Development The League should oppose legislation that would erode municipal authority related to development matters, including with respect to the following issues: (1) annexation; (2) eminent domain; (3) zoning, �► P (4) regulatory takings; O (5) building codes; (6) tree preservation; (7) short-term rentals; (8) the extraterritorial jurisdiction (ETJ) (9) HUD-Code Manufactured Homes TML Municipal Policy Summit Policy Highlight: Economic Development Incentives The League should: (1) oppose legislation that would limit the type of incentives available to the city or that would limit any use of incentives by a (2) support legislation that would allo f enditure of municipal hotel occupancy tax revenue for t of improvements in municipal parks and trails/sidewalks th ect parks, lodging establishments, other tourist attractions, and related public facilities (3) oppose legislation that would limit or eliminate the current flexibility of the Major Events Reimbursement Program, which is a tool for cities to attract or host major events and conventions TML Municipal Policy Summit Policy Highlight: Community Advocacy Limitations The League should oppose legislation that would: (1) limit or prohibit the authority of city officials to use municipal funds to communicate with legislators; or (2) limit or prohibit the authority 2LLh6e �lu icipal League to use any revenue, however derived, t icate with legislators TML Municipal Policy Summit Policy Highlight: Competitive Bidding for Professional Services The TML Legislative Program provides that the League: (1) seek the introduction and passage of legislation that would increase the competitive bidding threshold to accoun creased costs to cities 2 support legislation that would iitive procurement of the ( ) pp 9 p professional services enume t e Professional Services Procurement Act by home rule and general aw municipalities TML Municipal Policy Summit Policy Highlight: Housing Finance Corporation Reform A new position was recommended for the League to: (1) require city consent for a housing finance corporation to operate within the city; and (2) prohibits housing finance cor n taking action that would remove property from the tax rolls wit t proval of the governing body of the jurisdiction in which the property is located. TML Municipal Policy Summit Two subcommittees were appointed to potentially develop policy proposals: (1) Institutional Investor-Owned Homes & Short-Term Rental (STR) Regulations • The committee will review the growIN4Wnd of institutional investors purchasing significant numbe i e amily residences, potentially shorting the availability itionally, the committee will analyze recommendations for dirdWg Hotel Occupancy Tax funds to city services responsive to STRs (2) Sales Tax Incentives and Sourcing • The committee will review the policy position regarding destination versus origination sales tax sourcing, particularly the effect on business compliance and local revenue impacts. TML Municipal Policy Development Next Steps: October 2024 - The Municipal Policy Summit rt, along with any other resolutions, will proceed to the annual eting at the 2024 Annual Conference. December 2024 - The TML Board will finalize the League's 2025-2026 legislative program based on resolutions passed in both 2023 and 2024. • • 14 se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 City Council Meeting of August 20, 2024 DATE: August 14, 2024 TO: Peter Zanoni, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 City-Appointed Port of Corpus Christi Commissioners Briefing to City Council OUTSIDE PRESENTER(S): Name Title/Position Agency Name 1. David Engel (Reappointed January 2023) Port Commissioner City of Corpus Christi 2. Gabe Guerra (Appointed December 2021) Port Commissioner City of Corpus Christi BACKGROUND: The Port of Corpus Christi is governed by a Port Commission comprised of seven members, three of which are appointed by the Corpus Christi City Council. Commissioners may serve up to four three-year terms. Port Commission meetings are held monthly. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Corpus Christi City Council 08-20-24 An Update on the August 20, 2024 Port of Corpus Christi Corpus Christi City Council David Engel Chairman, Port of Corpus Christi Commission Gabe Guerra Port of Corpus Christi Commissioner Presented by •. Permit Issuance • U.S. Army Corps of Engineers — Galveston District issued permit for Channel Deepening Project on July 17, 2024 • Permit approval will support future opportunities for beneficial Channel use projects developed in conjunction with local stakeholders to protect and create estuarine habitat in key locations Deepening • Will also provide nourishment to Gulf beaches that erode Project continuously Update "The Port of Corpus Christi applied for this permit more than 5 years ago, under different market conditions and prior to unprecedented growth by our existing and valued customers. While the port will continue to work to identify potential growth opportunities for this region, we are committed to collaborating with our surrounding communities to ensure they are done in a socially responsible manner. - Kent Britton, Port of Corpus Christi Chief Executive Officer J PORTCORPUSCHRISTI Corpus Christi Ship Channel Improvement Project Status I Phase 4 ARANSAS (Chemical TB to Viola TB) BAY , •Awarded i Phase 1 September 2023 Portland aeI Aransas i Pass - (Gulf of Mexico to •Anticipated Completion Ingleside i Harbor Island) „.,., w ,o•• and Operational , Q2 2025 � � ! \ •Awarded 81 December 2018 ! NUECES BAY REDFISH BAY Completed GULF { � February 2020 OF 1 �~ MEXICO bb �• _ �, Port WAransas Phase 2 Corpus Phase 3 (Harbor Island to West of LQ Junction) Christi (West of LQ Junction to Chemical TB) .Awarded •Awarded April 2020 „a September 2021 •Completed •Anticipated Completion July 2023 and Operational 012025 r oc + �3 r r , , r LAGUNA rr PORTCORPUSCHRISTI 3 MADRE r r Desalination Permit Process Overview + Status Permit Type Agency Description Status - , Addresses potential water Received; under appeal in Travis - TCEQ quality/environmental impacts of Count brine discharge y • • TCEQ Authorizes intake in Gulf of Mexico Application submitted and under 01 review Authorizes placement of structures Application submitted and under • • - - • - GLO on state-owned submer ed lands review Section • USACE Addresses potential habitat impacts Not yet submitted(anticipated (multiple scope elemenfrom activities in Waters of US December 2024) Offshore - - Not yet submitted(anticipated 0 0 D - TCEQ Discharge in Gulf of Mexico March 2025) Lease+ Easement Authorizes placement of structures Not yet submitted(anticipated (Offshore discharge GLO on state-owned submer ed lands December 2024) PORTCORPUS CH RISTI A SpeightYard A Key U .S. Military Use Strategic Military Seaport 2019 2020 2021 2022 2023 11 vessels 8 vessels 16 vessels 20 vessels 10 vessels 6,124 cargo 4,087 cargo 6,791 cargo 15,988 cargo 5,967 cargo One of three strategic military ports in Texas i Coordinates with U.S. Coast Guard/other agencies to supplement security Port Police Department provides security patrols � r•re r for military outloads v � ��ko)+ad s Port of Corpus Christi Engineering Department Projects Project Type Budget Budgeted Actual Project Type Budget Budgeted Projects Projects Projects Capital Capital $84,253,849 39 48 Capital $63,793,000 38 project workload is Maintenance $ 2,800,000 3 10 Maintenance $ 6,212,135 6 Prof. Services $ 900,000 8 11 Prof. Services $ 1,575,000 8 o _ rall Capital u get. Upcoming • - • • • Rincon West Laydown Yard Q3 2024 Oil Dock 2 Breasting Structure Replacement Q3 2024 Nueces Bay Shoreline Phase II Q3 2024 JFITC Improvements —ADM Intersection Q3 2024 Oil Dock 4 Gangway Landside Access Q3 2024 Oil Dock 8 Gangway Landside Access Q3 2024 BMT Storage Pad Improvements Q3 2024 Hillcrest Area Demo & Property Clearing — Group 13 Q3 2024 Z PORTCORPUSCHRISTI Al Speight Yard Rail and Drainage Modifications * gym Work will result in construction of two new rail tracks within the yard Ali Project scope includes a pavement repairs and drainage *�— -, modifications • Al Speight Yard vital to military movement and equipment storage operations Design: Lockwood,Andrews &Newnam, Inc. Cost: $244,285 A _ 41Construction: Anderson Columbia Co., Inc. k o Cost: $6,335,000 Estimated Completion: May 2025 10 a PORTCORPUSCHRISTI' Security Command and Control Center - ------ -� -- �-' Remodel & Improvements - -- -_ Key work components � ; Dr� � • First Floor: Expanding bathrooms; hardening storefront/lobby and exterior door/windows; removing spiral staircase; and leveling atrium floor. • Second Floor: Hardening an office and remodeling to include hallway for secondary staircase. • Third Floor: Adding hallway for secondary staircase. _ • Other: Complete roofing system composed of multi-ply SIBS modified bitumen; additional exterior staircase; and additional interior staircase. N • Estimated Completion: August 2024 (Under Construction) ` , x . CenterOrtiz • Improvements NS 156 FOOD BEVERAGE SERVICE 1 MEDIA&LOUNGE - �- I t _ _ _, �� Architect's Renderings �V _ - 1 i Thank you --121� 2�- -n j lat. PORTCORPUS CHRISTI' 4i"g- -%%&-,W� 0000 of Corpus Christi 1pu Leopard Street City p Corpus Christi,TX 78401 rGr' 1 I� cctexas.com Meeting Minutes City Council Tuesday,August 13, 2024 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:33 a.m. B. Invocation to be given by Pastor James Miller with Bridge of Life Church. Pastor James Miller with Bridge of Life Church gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Luna Pinon, 3rd grader at Windsor Park Elementary. Luna Pinon, third grader at Windsor Park Elementary, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 24-1330 Introduction of Mike Walsh, P.E., TxDOT District Engineer- Corpus Christi City Manager Peter Zanoni introduced TxDOT District Engineer-Corpus Christi, Mike Walsh, P.E. Mr. Walsh has over 12 years of managing projects. He returned to Corpus Christi in 2022 as the Deputy District Engineer and has been responsible for traffic operations, constructions, and maintenance programs. 2. 24-1327 Update on City Pools and Splash Pads Season, and Gulf and Bay Beach Lifeguard Schedule City Manager Peter Zanoni gave an update on the City Pools and Splash Pads City of Corpus Christi Page 1 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 season and Gulf and Bay Beach Lifeguard schedule. Director of Parks and Recreation Robert Dodd presented information on the following topics: important dates; beach safety by the numbers; lifeguard program updates; beach safety coordinator; beach rescue junior lifeguard camp; and upcoming PARD events. Council Members thanked the lifeguards for their diligence and bravery. F. PUBLIC COMMENT Mayor Guajardo opened public comment. The following citizens spoke about the citizens initiative held on July 30th and presented information about the Vaccine Information Statement: Shawn Flanagan, 4218 Herndon St., Gail Anderson, 409 Grant Place, Melinda De Los Santos, 611 Gulf Shore Place, Samuel Aundra Fryer, 2222 Cardinales Lane, and Catherine Barnes, 520 S. Chaparral St. John Weber, 609 Naples St. and Jason Hale 211 Leming Ave., presented information about the Corpus Christi Bay model-Inner Harbor and La Quinta. Rachel Caballero, 522 Hancock Ave., spoke in opposition to desalination and expressed concern about the proposed budget, proposed Bond and Type A sales tax. Bob Catalano, 201 Surfside Blvd., spoke about the nice improvements on North Beach and concerns about Surfside Park. Ron Graban, 202 Surfside Blvd., spoke about construction of Beach Avenue before the new bridge opens. Janna Shoe, 3714 Topeka St., expressed concern about street services. Roseanne Norman, 4629 Monette Dr., expressed concern about vaccines for children. Corina Rittgers, 4913 Valley Mill Dr., spoke in opposition to closure/reduction in hours of the Oso Bay Preserve and Learning Center, closure of the Garcia Library and reduction of hours at the community pool at Bill Witt Park. Mark Muenster, 1013 Barracuda Place, expressed concern about the format of the community input sessions and spoke in opposition to the desalination plant. Joshua De Leon, 5914 Colorado Dr., spoke about expanding the City's smoking prohibition ordinance. The following citizens spoke in opposition to closure/reduction in hours of the Oso Bay Preserve and Learning Center, Jaden Sindt, 4913 Valley Mill Dr., Devon O'Kelley, City of Corpus Christi Page 2 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 8117 Denali Dr., Shirin Delsooz, 6030 Tapestry Dr., Marilyn Brodeur, and Gabriel Brodeur, 15729 Escapade St. Susie Luna Saldana, 4710 Hakel Dr., expressed concern about budget cuts and the criteria process for the City Manager's salary increase. Sean Merritt, 4558 Dandridge Dr., spoke about the three to four percent surcharge fees when using a debit card. Zelnita Williams, 1033 Brock Dr., expressed concern about police involved shootings and about the lack of de-escalation. Dan Korus, 7001 Chiswick Dr., invited Council Members to the legislative conference on October 17 and 18 and in support about moving forward with the desalination plant. The following citizen submitted a written public comment which is attached to the minutes: John Weber, 609 Naples St. G. CONSIDERATION OF MAX TAX RATE: (ITEM 3) 3. 24-1323 Resolution to consider setting the maximum ad valorem tax rate of no more than $0.599774 per$100 valuation for Fiscal Year (FY) 2025, taking a record vote, and setting the date for the City of Corpus Christi's proposed FY 2025 budget and proposed FY 2025 ad valorem tax rate public hearings and first reading ordinances on September 3, 2024, with adoption of the FY 2025 budget and FY 2025 ad valorem tax rate on September 10, 2024. Mayor Guajardo referred to Item 3. Assistant City Manager Heather Hurlbert presented information on the following topics: truth in taxation; truth in taxation definitions; truth in taxation actions; and recommendation. Council Members and Assistant City Manager Hurlbert discussed the following topics: the impact that this tax rate will have on a home is a difference of two or three cents; and the No New Revenue rate would reduce the budget by approximately another $9.8 million. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the resolution, seconded by Council Member Suckley. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 3 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 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: 033424 H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 4) 4. 24-1311 Arts & Cultural Commission (4 vacancies) Construction Trade Advisory & Appeals Board (1 Vacancy) Ethics Commission (4 vacancies) Parks & Recreation Advisory Committee (5 vacancies) Sister City Committee (3 vacancies) Mayor Guajardo referred to Item 4. Arts & Cultural Commission: Reappointed: Sara Sells Morgan Appointed: Oliver Cruz-Milan, Mark J. Marquez, II, and Elena Rodriguez Construction Trade Advisory & Appeals Board: Appointed: Brandon Harper Ethics Commission: Appointed: Douglas C. Fick, Liz Gillenwater, Kimberly Shick, and Robert M. Simmons Parks and Recreation Advisory Committee: Reappointed: Joan A. Adams Wolfe, Joe De La Paz, and Linda Lindsey Appointed: Jay Gardner and Mark Borgeson Sr. Sister City Committee: Reappointed: Mourad Hasbaoui and Adria P. Vasquez Appointed: Ana T. Rivera-Soto I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 5 - 19) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 16 and 19 were pulled for individual consideration. Council Member Barrera moved to approve the consent agenda with the exception of Items 16 and 19, seconded by Council Member Roy. The motion carried by the City of Corpus Christi Page 4 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 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 5. 24-1334 Approval of the July 30, 2024 Regular Meeting Minutes, and August 1, 2024 Special Meeting Minutes and Budget Workshop Minutes The Minutes were approved on the consent agenda. Consent- Second Reading Ordinances 6. 24-1211 Ordinance ordering a general election to be held on November 5, 2024, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 14, 2024; authorizing execution of a Joint Election Agreement and Election Services Contract with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033425 7. 24-1102 Ordinance authorizing the acceptance of an increase in the grant from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children's Nutrition Program (WIC) to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025, and authorizing 14 existing FTEs that are funded by this grant and appropriating the $1,233,166.00 in the Health Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033426 8. 24-1105 Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural District to the "RM-2" Multi-Family District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033427 Consent- Contracts and Procurement City of Corpus Christi Page 5 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 9. 24-1167 Resolution authorizing the purchase and installation of five new Rockland custom fire cabinets for the Corpus Christi Fire Department's Command Operations Vehicles from C&S Plating and Bumper Recycling, dba C&S Truck and Van Equipment, of Corpus Christi, Texas, in an amount up to $62,375.00, with FY 2024 funding in the amount of$62,375.00 from the Fire Grants Fund. This Resolution was passed on the consent agenda. Enactment No: 033428 10. 24-1109 Resolution authorizing the purchase of one new re-purposed shipping container extensively modified to be used as a firefighter training device for the Corpus Christi Fire Department from Taylor'd Systems, of Spokane Valley, Washington, in the amount of$76,275.00, with FY 2024 funding from the General Fund. This Resolution was passed on the consent agenda. Enactment No: 033429 11. 24-1056 Motion authorizing execution of a one-year supply agreement, with a one-year option, with Pencco, Inc., of San Felipe, Texas, in an amount not to exceed $251,100.00, with a potential up to $502,200.00 if the option is exercised, for hydrofluorosilicic acid for fluoride treatment in the water system by Corpus Christi Water, with FY 2024 funding of$41,833.33 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2024-126 12. 24-0933 Motion authorizing execution of a 36-month agreement with Samsara Inc., of San Francisco, California, through the Sourcewell Cooperative, for the purchase of licenses, hardware, and accessories for dual-facing dash camera safety system for Corpus Christi Water vehicles in the amount of $591,067.00, with FY 2024 funding of$196,524.00 from the Wastewater and Water Funds. This Motion was passed on the consent agenda. Enactment No: M2024-127 Consent- Capital Projects 13. 24-1250 Motion awarding a Master Services Agreement for Citywide Wastewater IDIQ to Halff Associates, Inc., Corpus Christi, Texas, in an amount up to $200,000.00 for the design of wastewater lines that will be rehabilitated or replaced, with a one-year renewal option to be administratively authorized for a total amount not to exceed $400,000.00, with projects located Citywide, with FY 2024 funding available from Wastewater Capital Fund. City of Corpus Christi Page 6 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 This Motion was passed on the consent agenda. Enactment No: M2024-128 General Consent Items 14. 24-1159 Resolution authorizing the City to purchase 25 trash receptacles from Victor Stanley, Inc. in the amount of$76,495.00. Project recommended by the Downtown Management District and approved by the TIRZ#3 board, to be received by the Public Works Department, and installed by a City Public Works Department contractor, with the oversight of the City's Public Works Department. This Resolution was passed on the consent agenda. Enactment No: 033430 Consent-First Reading Ordinances 15. 24-1287 Ordinance to amend Ordinance 033281 as required by Texas Commission on Environmental Quality regulations by amending Section 55-141(d)(3) of the City Code to update the list of pollutants for which limits may be established in an industrial discharge wastewater permit utilizing the Broadway Wastewater Treatment Facility and the Oso Water Reclamation Plant, providing for a penalty not to exceed $2,000 and publication. This Ordinance was passed on first reading on the consent agenda. 16. 24-1230 Ordinance amending Section 2-330 of the Code of Ordinances of the City of Corpus Christi, Texas to provide for outside representation of City Officials for alleged violations before the Ethics Commission. Mayor Guajardo referred to Item 16. City Attorney Miles Risley presented information on the following topics: briefing-city council request for representation when wrongfully accused of violating Ethics Code; and recommendation of Ethics Commission. Council Members and City Attorney Risley discussed the following topics: a concern that taxpayers would be liable to pay for legal fees; the City Attorney's decision is appealable; this ordinance would apply to all public officials; the City provides legal representation to the Ethics Commission, so a private attorney would represent a public official; and this ordinance would apply only to an ethics violation. Mayor Guajardo opened public comment. John Weber, 609 Naples St., read Section 2-330(e) and expressed that the Ethics Commission should be elected, not appointed. Rachel Caballero, 522 Hancock Ave., expressed concern about the Ethics City of Corpus Christi Page 7 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 Commission's recommendation. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 5- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 4- Council Member Hernandez, Council Member Hunter, Council Member Klein and Council Member Campos Abstained: 0 17. 24-1221 Ordinance authorizing acceptance and amendments of Texas Beach Watch (TBW) Program Grant for$140,000.00 from the Texas General Land Office (GLO) to provide beach water sampling in Nueces, Aransas, and San Patricio County under the Texas Beach Watch Program for the period of September 1, 2024, through August 31, 2025; and authorizing one existing position to be funded by this grant and appropriating $140,000.00 in the Health Grant Fund. This Ordinance was passed on first reading on the consent agenda. 18. 24-1324 Ordinance terminating Tax Increment Reinvestment Zone (TIRZ) #5, City of Corpus Christi, Texas; dissolving the tax increment fund for the zone; dissolving the board of directors for the zone; providing an effective date; and appropriating and transferring related funds as necessary. This Ordinance was passed on first reading on the consent agenda. 19. 24-1216 Ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 Internship program; appropriating $15,000 from the unreserved fund balance of the Type B fund; and amending the budget. Mayor Guajardo referred to Item 19. Council Member Klein asked to pull this item to abstain. A Council Member thanked the Economic Development Corporation for supporting this program. Council Member Barrera moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on emergency and approved with the following vote: City of Corpus Christi Page 8 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Abstained: 1 - Council Member Klein Enactment No: 033431 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:33 p.m. Executive Session Items 33 and 34 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:46 p.m. L. PUBLIC HEARINGS: (ITEMS 20 - 26) 20. 24-1195 Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Ordinance rezoning a property at or near 3909 Laguna Shores Drive from the "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District to the "CR-1" Resort Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Applicant originally requested a zoning change to the "CR-1" Resort Commercial District, consents to staff recommendation.) Planning Commission and Staff recommend approval. Mayor Guajardo referred to Item 20. Director of Development Services Al Raymond presented information on the following topics: zoning and land use; and NOLF Waldron MCAOD overlay zones. Council Members and Director Raymond discussed the following topics: the applicant's desire is to add boat storage on the lot which is excluded from the flight zone; a concern with special permits; and this development will not limit access to Laguna Madre. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Suckley moved to approve the ordinance, seconded by Council Member Barrera. 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 City of Corpus Christi Page 9 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 21. 24-1241 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). Mayor Guajardo referred to Items 21-25. Council Members, City Manager Peter Zanoni, and Director of Development Services AI Raymond discussed the following topics: these water and wastewater line improvements are utility infrastructure that support outside subdivisions; and Impact Fee discussions will be revisited after the budget is approved. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinances, seconded by Council Member Pusley. These Ordinances were passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 1 - Council Member Klein Abstained: 1 - Council Member Campos 22. 24-1316 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141,108.94 to reimburse the developer in accordance with the agreement. (District 1). See Item 21. Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 1 - Council Member Klein Abstained: 1 - Council Member Campos 23. 24-1317 Ordinance authorizing a Wastewater Trunk Line Construction and City of Corpus Christi Page 10 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1). See Item 21. Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 1 - Council Member Klein Abstained: 1 - Council Member Campos 24. 24-1318 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131,835.50 to reimburse the developer in accordance with the agreement. (District 3). See Item 21. Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 1 - Council Member Klein Abstained: 1 - Council Member Campos 25. 24-1242 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). See Item 21. Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 1 - Council Member Klein Abstained: 1 - Council Member Campos City of Corpus Christi Page 11 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 26. 24-1315 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement (District 5) Mayor Guajardo referred to Item 26. A Council Member asked for clarification about MST, LLC. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 1 - Council Member Klein Abstained: 1 - Council Member Campos M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 27 - 30) 27. 24-1229 Motion authorizing the City Manager to execute a four-year collective bargaining agreement, effective October 1, 2024 with the Corpus Christi Professional Firefighters' Association for wages, benefits, and working conditions, as approved by the Corpus Christi Professional Firefighters Association from July 8 through July 10, 2024. Mayor Guajardo referred to Item 27. There were no comments from the Council. Council Member Hunter moved to approve the motion, seconded by Council Member Pusley. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 City of Corpus Christi Page 12 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 Enactment No: M2024-129 28. 24-1249 One reading ordinance calling for a special election for the Bond 2024 Program to be held on November 5, 2024, in the City of Corpus Christi for the authorization of bond issuances for the City by ad valorem taxes totaling $175 million without a City property tax rate increase to fund 38 projects under the following propositions: Streets ($89.5 million), Parks ($37.65 million), Public Safety ($45 million) and Cultural Facilities ($2.85 million). Mayor Guajardo referred to Item 28. Assistant City Manager Neiman Young stated that this is a one-reading ordinance for the Bond 2024 Program to be held on November 5, 2024 to authorize bond issuance funding 38 projects, including streets, public safety, parks, and cultural facilities. A Council Member, City Manager Peter Zanoni, Assistant City Manager Young, and City Attorney Miles Risley discussed the following topics: a concern that water and wastewater relocation was not included in the Bond language; and the debt management policy is unclear what relocation means. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on emergency and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Klein Nay: 3- Council Member Hernandez, Council Member Hunter and Council Member Campos Abstained: 0 Enactment No: 033432 29. 24-1325 One reading ordinance calling for a special election to be held on November 5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales tax funding utilizing an existing 1/8 cent for financing the Downtown Seawall Flood Control structures including the maintenance and improvements to the entire seawall structure including the breakwater, salt flat levee, T and L Head land masses, Marina basin, and flood control pumps and other city-wide stormwater, flood control, drainage, and coastal resiliency projects; and allow the City to enter into a joint election agreement with Nueces County. Mayor Guajardo referred to Item 29. Council Members, City Manager Peter Zanoni, Assistant City Manager Heather City of Corpus Christi Page 13 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 Hurlbert, and Bond Counsel Stephanie Leibe discussed the following topic: concerns about the wording on the proposed ballot language for Propositions E and F. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hernandez moved to table this item for 30 minutes so Bond Counsel can make edits to the ballot language, seconded by Council Member Roy and passed unanimously. Council Member Hernandez moved to amend sections 1 and 5 of the ordinance as provided by Bond Counsel, seconded by Council Member Roy and passed unanimously. Council Member Hernandez moved to approve the ordinance as amended, seconded by Council Member Barrera. This Ordinance was passed on emergency as amended 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: 033433 30. 24-1326 One reading ordinance calling for a special election to be held on November 5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales tax funding utilizing an existing 1/8 cent by allocating 50% of the annual sales tax collections to financing infrastructure improvements to City-wide Arterial and Collector street projects and 50% of the annual sales tax collection for improvements to city-owned recreation and community facilities within the Sports, Entertainment, and Arts (SEA) District (The Corpus Christi Museum of Science and History, the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, and the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena ; and allow the City to enter into a joint election agreement with Nueces County. Mayor Guajardo referred to Item 30. Council Member Pusley moved to amend sections 1 and 5 of the ordinance as provided by Bond Counsel, seconded by Council Member Suckley and passed with the following vote: Mayor Guajardo and Council Members Barrera, Hunter, Klein, Pusley, Roy and Suckley, voting, "yes"; and Council Members Campos and Hernandez voting, "no". City of Corpus Christi Page 14 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 Council Member Pusley moved to approve the ordinance as amended, seconded by Council Member Suckley. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Klein Nay: 3- Council Member Hernandez, Council Member Hunter and Council Member Campos Abstained: 0 Enactment No: 033434 N. BRIEFINGS: (ITEMS 31 - 32) 31. 24-1065 Nueces Center for Mental Health and Intellectual Disabilities Briefing on providing citizens living with mental illnesses with comprehensive psychiatric evaluation and treatment services, medications, and wellness services. Mayor Guajardo referred to Item 31. Mental Health Service Director Andrea Kovarik presented information on the following topics: access programs; youth; access programs; adult services; Jail Continuity of Care (COC); and diversion center. Director of Intellectual and Development Disabilities (IDD) Gina Pena presented information on the following topics: Intellectual and Development Disabilities (IDD); Medicaid waivers for IDD; other IDD services; and for more information. Council Members, Director Kovarik, and Director Pena discussed the following topics: funding for this program is provided through grants and other entities; and IDD partners with Corpus Christi Army Depot and other agencies. 32. 24-0699 Coastal Bend Air Quality Partnership (CBAQP) Overview, presented by Sharon B. Murphy, President of the CBAQP Mayor Guajardo referred to Item 32. Executive Director of Coastal Bend Air Quality Partnership Sharon B. Murphy presented information on the following topics: mission; sources of particulate pollutants; PM 2.5 defined; potentially affected counties; Nueces County monitors map; Kleberg County monitors map; and future emissions regulatory watch. Council Members and Executive Director Murphy discussed the following topics: to consider implementing idle-free zones in the City; and what the City can do to prevent inhaling the Saharan Desert dust and fires from Mexico. O. EXECUTIVE SESSION: (ITEMS 33 -35) Mayor Guajardo referred to Executive Session Items 33 and 34. The Council went into Executive Session at 1:33 p.m. The Council returned from Executive Session at City of Corpus Christi Page 15 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 2:46 p.m. Mayor Guajardo referred to Executive Session Item 35. The Council went into Executive Session at 6:23 p.m. The Council returned from Executive Session at 7:54 p.m. 33. 24-1256 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and judges of the Municipal Court and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee (including the City's appointed Part Time Judge #4). This E-Session Item was discussed in executive session. 34. 24-1228 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 industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § 13.043 and associated statutes and regulations, 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, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions. This E-Session Item was discussed in executive session. 35. 24-1275 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and the City Auditor and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee (including, but not limited to, the City Auditor). This E-Session was passed after executive session. The following motion was considered: Motion to place the City Auditor on paid leave through August 27, 2024. City of Corpus Christi Page 16 Printed on 8/16/2024 City Council Meeting Minutes August 13, 2024 Council Member Klein 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 Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: M2024-130 P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 8:08 p.m. City of Corpus Christi Page 17 Printed on 8/16/2024 From: City of Corpus Christi To: City Secretary; Norma Duran Subject: [EXTERNAL]Public Input:08-13-2024-John Weber Date: Tuesday,August 13,2024 11:19:11 AM Attachments: 5993751216414212360.odf Minutes(8).odf [ [ 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 Secu i Alert@,cctexas_com_ ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. ❑® Public Comment & Input Form Date of Meeting 08-13-2024 Name John Weber Address Street Address: 609 Naples St City: Corpus Christi State/Province: TX Postal/Zip Code: 78404 Are you a resident of Corpus Christi? Yes What district do you District 2 reside in? Topic Legal fees Agenda Item Number 16 Describe Feedback: Dear Mayor, City Council Members and City Manager, Regarding item 16 (24-1230)just call it what it is, the Pusley Ordinance. I am very disappointed to see this on the agenda. I will make oral comments regarding this item when the item is brought up. I request it be withdrawn for individual consideration as permitted by the meeting rules. Please see the attached 4 documents. The April 18th Ethics Commission Minutes. The email to Council Member Roy regarding his subpoena. Page 1 of his subpoena. Page 2 of his subpoena. Thank you in advance for voting NO. Uploads: Minutes 8.pdf Roy email.JPG Subpoena P l, pg Subpoena P2.jpg Provide an email to receive a copy of your is weber@hotmail.com submission. City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 + > cctexas.com yo Meeting Minutes - Final Ethics Commission Thursday,April 18,2024 5:30 PM City Hall, Sixth Floor-Executive Conference Room The City of Corpus Christi promotes participation regardless of race, color, national origin, sex, age, religion, disability or political belief. Reasonable accommodation is provided upon request and in accordance with the Americans with Disabilities Act. For assistance or to request a reasonable accommodation, contact (361) 826-3300 at least 48 hours in advance. Upon request, this information can be available in larger print and/or in electronic format. A. Call To Order Chairman Dane Fuller called meeting to order at 5:30 p.m. B. Roll Call Present: 7- David J. Bendett, Laura Commons, Trevor Mauck, Kamlesh Bhikha, Dane Fuller, Rick Barrera, and Kimberly Ballenger Excused: 2- Kent Teague, and Ed Bennett C. Public Comment Written public comment from John Weber. D. Approval of Minutes and Action on Absences Commissioner Kamlesh Bhikha motioned to approve meeting minutes for March 21, 2024, as presented; Commissioner David Bendett seconded. Approved unanimously. Vice-Chair Laura Commons motioned to excuse the absence of Commissioner Ed Bennett; Commissioner Kimberly Ballenger seconded. Approved unanimously. Commissioner Kimberly Ballenger motioned to excuse the absence of Commissioner Kent Teague; Commissioner Rick Barrera seconded. Approved unanimously. E. New Business for Discussion and Possible Action 1. 24-0584 Review, discussion and possible action regarding Reports of Financial Information. Commissioner David Bendett motioned to send notification letters requesting refiling to reporting officials with missing information in their Reports of Financial Information, and City of Corpus Christi Pagel Printed on 5/22/2024 Ethics Commission Meeting Minutes -Final April 18,2024 to accept the remaining Reports; Commissioner Kimberly Ballenger seconded. Approved unanimously. 2. 24-0585 Discussion and possible action regarding forms, policies, rules, ordinances, reports and laws related to the Ethics Commission, including requested and potential changes thereto. Commissioner David Bendett motioned to table discussion; Commissioner Trevor Mauck seconded. Approved unanimously. 3. 24-0586 Review, discussion, and possible action regarding outstanding Ethics Complaints, if any. NONE. 4. 24-0587 Identification of items to be placed on the next meeting's agenda. Revising the Report of Financial Information form, date for Ethics Commission summer recess, and e-publications will be discussed in the next meeting. 5. 24-0588 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning attorney-client privileged matters. The Ethics Commission did not enter Executive Session. F. Future Agenda Items Revising the Report of Financial Information form, date for Ethics Commission summer recess, and e-publications will be discussed in the next meeting. G. Adjournment Commissioner Rick Barrera motioned to adjourn meeting; Commissioner Kamlesh Bhikha seconded. Approved unanimously. Meeting adjourned at 6:53 P.M. City of Corpus Christi Page 2 Printed on 5/22/2024 Dear Ethics Commissioners, I just have a few things to share. Before I submitted the ethics complaint, everyone I spoke with said it was a waste of time because the Ethics Commission would never rule against someone that appointed them. Last year I spoke with a person that had served on the Ethics Commission in the past. She said the Ethics Commission was worthless and was a waste of her time. This helps explain the lack of complaints the Ethics Commission receives. I should have listened to the community but I am a hopeful and optimistic person so I submitted the complaint. In Section II-A of the document labeled"Hearing Procedures" the Chair stated I had ten minutes to present facts to support the complaint, which I did. In Section 11-B the respondent was given the same opportunity. The respondent had no facts to support his response but instead asked for and was permitted to question the complainant. I have never seen this permitted at a prior Ethic Commission hearing. This sets a dangerous precedent that will further dissuade future complaints. Code of Ethics, Section 2-332 (b) "The issue at hearing shall be whether the violation alleged in the complaint occurred." The issue is not if the complainant had made a campaign contribution long after he started obtaining credible evidence of the allegation. If I had known before the hearing that the respondent and complainant would be permitted to question each other, I would have prepared a list of questions for the respondent. The witness, Mr. Roy, failed to place his hand on the bible when taking his oath. More than once during his testimony he looks to Mr. Hernandez for guidance. He lied to the commissioners as I pointed out in cross examination. When asked, by the Chair, about his meeting with Mr. Hernandez on the 15th, "Did you meet with Mr. Engel also later that day?" Mr. Roy responded, "No I did not." Evidence proves he met with Mr. Engel on the 15th after he met with Mr. Hernandez. Later Mr. Roy admits he spoke with Mr. Engel at the yacht club. He did discuss the merits and deficiencies. He said he knew the meeting happened at the yacht club. In response to another ethics commissioner question he stated, "He only met with me once." He remembers that Mr. Hernandez dropped off the MOU in the morning. Then he stated it was dropped off on the 14th. The ethics commissioner went over the evidence that shows he met with Mr. Hernandez two times. Even after pointing this out to the commissioners, his testimony was still accepted. When a witness lies under oath, beside it being possible he has committed perjury or aggravated perjury, he is no longer a credible witness and his testimony should not be considered credible. The Code of Ethics, Section 2-332 (b) "The commission shall make its determination based on the preponderance of credible evidence in the record." It is important to look up the legal definition of"preponderance of evidence." Mr. Roy was proven to be a non-credible witness and his testimony was proven to be non-credible. It was that testimony that was used as evidence to decide the complaint. According to the Code of Ethics, that evidence should not have been used for the commission to"make its determination". The only "credible evidence" presented was the legally obtained documents from Public Information Act requests. That credible evidence, according to the Code of Ethics, should be the only evidence for the commission to make its determination. The respondent, Mr. Pusley, lied to the commissioners as I pointed out and his testimony was still accepted. Mr. Pusley stated, "I never talked to Mr. Hunter about the MOU." "My conversations were limited to councilman Hernandez and councilman Suckley." When I questioned him, "You never talked with Mr. Hunter or met with him." He stated, "I did not."As I pointed out in Exhibit 39, Mr. Pusley did meet with Mr. Hunter and stated"He sounded supportive. I sent him the latest MOU and he is supposed to call me back after he reads it." In Section II-F, the Chair was supposed to say "The complainant and respondent will each be given five minutes in turn for rebuttal and closing comments. Mr. Weber will speak first." This was never stated by the Chair. I patiently waited to give my brief closing comments but because the following was never stated, I was unable to give my closing comments. Instead of following the hearing procedures, the Chair went on to entertain a motion to close the public testimony. The complaint alleges a violation of Ethics Code Section 2-311 (14) and/or 2-311 (15). Only the violation of Section 2-311 (14) was voted on. The commission failed to address or deliberate Section 2-311 (15). My brief closing comments are bracketed below: {Section 2-311 line 14 addresses the alleged violation of the Open Meetings Act. The complaint provides a timestamp of the required Open Meeting Act training. I quote: "This new bill is intended to ensure that deliberations about public business occur in an open meeting and not behind closed doors through multiple separate communications none of which the public has access, so remember the purpose of the Open Meetings Act is to allow members of the public to observe and understand the workings of its governmental bodies, by conducting deliberations in open meetings governmental bodies can guarantee they serve that purpose." Section 2-311 line 15 addresses the conduct Mike Pusley engaged in, including negotiating the MOU behind the back of the Mayor and other council members. The complaint provides a timestamp of the city council meeting from March 21, 2023. I quote the Mayor starting at 3 hours and 33 minutes. "That was three council members who went and negotiated an MOU with the Port of Corpus Christi without direction, without the Mayor knowing, without the city manager knowing, without the majority of this council knowing. We don't do that. What you do is say, hey Peter, hey Paulette, we want to work on this. We want to bring it to council. We direct our city manager to go and negotiate. We are policy makers and we may have a difference in. No we went and discussed things versus no you went and negotiated, because when there are 8 versions of the a document floating around. By the way I have yet to see the 8th one. I guess it is because maybe there is an 8 point 2. I don't know. The city manager has yet to see that. I'm sorry, the three of you were wrong. That is not the way we conduct business." "It got out of hand. When you create a document that goes through 8 different versions and certain council members were then included, so then more council members were included that is not okay. It just is not." The Mayor said it much better than I did. Evidence shows, Mike Pusley brought discredit on the city.} To conclude my letter, there are currently allegations the same five council members engaged in deliberations before two other council meetings that occurred after these allegations in this complaint regarding two separate issues. In these cases, the city manager placed the items on the agenda so there was no need for council members to communicate among themselves. Don't expect me to file complaints regarding these allegations. I spent over $900 for the public information requests from the city. I spent numerous hours speaking with the Texas Attorney General's office. I sent numerous certified letters to the Texas Attorney General's office arguing for them to release the documents the City tried to withhold from me. I guess, I provided you with about 5 percent of the documents I obtained. Your decision was based on non-credible testimony from a witness who lied to you. You only decided on one of the two allegations. In my opinion, you have given the green light to the five council members to continue to negotiate and deliberate-behind the back of the Mayor and other council members and "behind closed doors through multiple separate communications none of which the public has access." These allegations had nothing to do with seawater desalination. They had to do with violating the Texas Open Meeting Act and bringing discredit on the city. I found it very inappropriate that the Chair went as far as stating about someone he knew who wrote a paper about desalination in the 1990s and how he is thankful we moved forward on desalination. It was inappropriate to be brought up at the hearing and for him to give his personal views on it. I challenge each of you to review the video of the meeting yourselves to catch what you may have missed during the meeting. Then discuss it among yourselves to see how you can improve the process for the next Ethics Commission hearing. Regards, John Weber > crz aRl preponderance of the evidence • •. Wct�tct Press Innbrr� (ration fSetlicatin 1 i IMPORTANT SAFETY INFORMATION. ` Oo not use COSENTYX iF you have had a seven f allergic section fo se Admmab or any of the ott ingredv—n in COSENTY%.See the Idedi-5- preponderance of the evidence pre•pon•der-ante of the evidence pri- pan-da-rens- :the standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more probable than not lEd t, �„ �irgnr rc k+lln nl,u;, I , i M.p�, I,va . 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X THE CITY OF CORPUS CHRISTI ETHICS COMMISSION MR.JOHN WEBER § COMPLAINANT V. § HON. MICHAEL PUSLEY § RESPONDENT SUBPOENA To the City Secretary or their designee,this subpoena is issued at the instance of the City of Corpus Christi Ethics Commission: You are hereby commanded to subpoena and summon the following witness(es): Everett Roy City Council Member, District 1 Corpus Christi City Council 1201 Leopard Street Corpus Christi,Texas 78401 The above-named witness is hereby summoned to be and appear before the City of Corpus Christi Ethics Commission at a hearing scheduled for March 21,2024 at 5:30PM,then and there to testify as a witness before the Ethics Commission in a hearing regarding the pending complaint against City Council Member Mike Pusley, an Q Search ` uM ® - 0 n ncil Member Everett Roy(Return of Service).pdf-Adobe Acrobat Pro(64-bit) low Help .024.02.22 - Subpo... X Q 0 � 2 R O U , - 5 - Corpus Christi, Texas 1 exas 78401 The above-named witness is hereby summoned to be and appeal•before the City of Corpus Christi Ethics Conunission at a hearing scheduled for March 21, 2024 at 5:30PM, then and there to testify as a witness before the Ethics Conunission in a healing regarding the pending complaint against City Council Member Mike Pusley. HEREIN FAIL NOT, and make return hereof, showing how you have executed the same. WITNESS my official signature, at Corpus Christi, Texas on this the 20th day of February, 2024. a Dane Fuller Chairperson, Ethics Conunission City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 From: City of Corpus Christi To: City Secretary; Norma Duran Subject: [EXTERNAL]Public Input:08-13-2024-John Weber Date: Tuesday,August 13,2024 11:15:54 AM Attachments: 5993749256414985216.odf City written public comment 8.13.14.docx [ [ 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 Secu i Alert@,cctexas_com_ ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. ❑® Public Comment & Input Form Date of Meeting 08-13-2024 Name John Weber Address Street Address: 609 Naples St City: Corpus Christi State/Province: TX Postal/Zip Code: 78404 Are you a resident of Corpus Christi? Yes What district do you District 2 reside in? Topic Desalination modeling Agenda Item Number Public comment Describe Feedback: See attached Word document. Uploads: City written public comment 8.13.14.docx Provide an email to receive a copy of your js_weber@hotmail.com submission. Dear Mayor and City Council Members, I should have shared these earlier but better late than never.The truth needs to be known. More to come. I am open to giving a presentation to the Council in open meeting and taking questions. If not, I am open to meeting with the Council in groups less than a quorum.Just let me know. Regards, John Weber RE- Letter agreement for model delivery Andrew Molly [Drew] To P4llack.leff Cc Barton.Kent; Dane aluun;O Peter Zanorni: M char4 Rodriguez:0 Miles Raley; Jason Hill Oason@jthitl.coml 2Q40S31.PCCA CC Letter Agent 2024•-JTH redline.doc, =I .door Pile Jeff Rease fine attached a red-lined version or the draft letter agreement that the City would oe willing to sign. The current version makes declarations that the City nas no firsthand knowtedge of(e.g.,reference to significant delays in th permitting efforts,etc.). We can make arrangements for the attorneys to coordinate a meeting it needed. Thank you. Drew Molly,PE- Chief OperatTons Officer for water Utilities PQRTCORPUS CHRISTI" May 30,2024 Yea E-1tfail.pctetZ cctea WLc0uA Mr.Peter Zanoni City lianager Ci(y of Corpus Christi P.O.Rox 9277 Carpus Christi,Texas 78469 Re: Letter Agreement hetWL'cn the fort of Corpus Christi Authority of Nueces County, Tex` ("Aufha riity"), and 1he City of Corpus Christi ("('dy") regarding the C ity's u.se of Authority l FDC+ hydrodynamic mtartel andior associated input or validation data. Bear Peter: The Authority remains committed 10 supporting the Ci(y,as the regional water provider, in developing a drought-proof water supply for Our region, As-miaested hy-4)rew-Mtally,--C-hi (>per�ating Offict-F-fdr c-orpu&Christi-Water earlier thi,. taxanth, [The purpose of this letter is to formalize our--the Authority's agreement regarding tg_provide the City's use ol'tvith a cratry of the i1iPtat and otallaut files, in their native , E1"l]C+ h dnRl nanttc rrtcadel for the Carpus Christi fc) at, (hat were used [0 dev�:lop the Authority's ",' y Y -. 4.tf Ttw., e+wftw N,j*,,•—A 16,,(".1w .w i9Pt,P Rai+CwrrlYvrwk unrl narnri�t.-.d v.Mn„1 r, wva:�..4'nfin4t 577 v"ds The Authority rernam- 9 COILIUMI(ed. 10 SLIPporling the City, as the regional water provider, in developing a drought-proof water supply for our region. As requestW by Drew viol Ey. Chief-Opef-atimg-Officer for Gtmpus-Chrisli Wii4e-r imfhei, Ibis purpose of this letter is to formalize auj: ib(-Authority's agreement Fding it, pw\idc the City-s ume cof wid a copy of t1w input and outprut fileg, in their native fo=4 that � orc used to dovelop the Authority's EFDCi- hydrodynamic model for the Corpus Christi Bay System and associated 'Input or validation data. The Authority and the City agree as follows.- ib In_10-71,Authority engaged LRE Water Dr. Jordan Furnans to develop the EFDC+ hydrodynamic model of the Corpus Christi Bay System for use in modeling the Fate and transport of desalination brine discharges (i.e. far field modeling) to In6iffn Authority's permitting efforts for potential desalination facilitie',on property owned by Authority. After significant{play due tiaextenua;lng {unrelated tea the pro-jeci i,flw,work was conip4eled-ffil the-Fall of 2023. OxYgen Plume-movemmls and-is-Fecornrnended 4iiy-Texas Water EkwAofmient onderqei by US49PA-,-"ickdjs4FIbutes the Dwminuc Iions;International sMjoA-ed softw are jwwage,-complete with grapjjica-�Uwr-iriterfkees a Pregmrns f�4*soaying-aE-d-devt,Jk)p-ing-fftodeI IfiPuts-efid OEAPOIS--FDC4-w, th+r,,%4eeted by LRF-W-aw;&q the pftfeffed-plal I igin fbir-AutheFibf 18-Pur-posesThe Authority understands that the EIFDC�- model softw-are as ,40ablc su6sCri.Cion_as _p_qA_pf_The EE Modeling S stalm _711t 400Iarbor Drive 7840, PQ Oux 1541 78403 Coo"Chnsu,TeXas T 361882 5633 F 36 1"2 7'110 low, distributeo'by DSI, Int. The Authority also understands ihat the EFDC4 software is a modified' version ofthe Environmental Fluid Dynamics Code Ll"I'DC) rno.del originally developed by Dt Jobn A�a411rlck and freely distributed by the U S EnytKonmen la I Protection Agency. n a. The EIW-+ model software contains tools for develkipirig, model simulations, as wen as for g-niodels,troublieshooting niodel rums, and visualwaiip or analyzing rnodeLrewlts. Dr. Fume has stated that LRE Water did not modify L le — —any of the ITDC- model source code as of its modeling e forts for theAuthority, and IV utiTi?,ud runc(lo"a 11 ties already present within X_P_ the EFIX- software, o All model files used-.to_y-LRE Water-in its UDC-i me-doling efforts for the Authority.are stored within an-external hard drive mainla tj�,d b . atei. with a cop y �11; W, -y provided to &'Port of Cgorpus Christi- 41 City has t-xpressed interest In Wentially-conducting far de%a4l"ation facility In the J in native format, of all — model files tine 4 by I RF Water in Gts 1:FDC i l niode -jaLffforls or the Authority. 6 Within three days-of the date of th'-L-YR.T(L9Lm -will Provide the C4 Wit copy. in !L granIs _I five forrrat al"All in - IT in its T rts for odel files used�y jnK�W4—WX -D(7 4� modeling efto !hg JkUthOrItYUC4EQs5 to the mwW-tier-the CoFrAas Afi-Mi4� -SyKiem anaasqoeiatt�d i � OF-vaMaklon-dala deyAoped b Dr. likk"'AHs' toil behalf-of-Auther4y-lbi 1he IM1110d. fA4fP@&e-ef ii-Ring Ole-City.in-condtkoing its,.own far tiold modeling-for-the city's-Inopose&4esalinagen AM&4*ift-the Inner JIFt-r-bor, I rl" e ud artla lc es to the + ntK1de car (lie Corpus =hris; Ray-zSy--em�t ttl a s[teia# +t o-- 4RIatioe-data Jeue;oped by Dr; l urnans.-wi.hehalf-o1'_AUIh►ritY-for lkte-1 inited pt rse—or assisting the C-�tty-i -*nclucting -4"Aar-fiield modeling libr the Cjty's-prose-reel nati €aeiWy HI the lamer-llairbor. • r TmistIlk to'-ft t3fg_A-wkwk per-forniW Ed the requ-esl 44he-(,-� -btljrd t;+ pro i ,il�tli itt� I}i, I°t tta �rutiliz t#tetrs #21 dkla It tas i Gty`s,- opp,sed p eat—Viertii and _recessing of`_the_ model data rccfuires a- software license from E� erniodelin sv tem.cc m. City is alst, responsible for any costs associated With acquiring EFDC+software license(s)by service providers, if applicable. reiea cr c7f e t tx#el fst iiWut-or va-tidatLoo ;.. F sen I}eltel�Fe# lte eri# ise pressly ling +rti to the t`'i a-s-weF as i*,;expe ct ;�-��'��;ter the l3rnit�d p}tt�ptsf -l�ret�, * d 3eei €Y-W Fps fef-Au;hurily, a..4-we4l a&all-infarrfiali &-m whatever—Am ar-m�died Av f + arts bar�til ! c}leetic �vilf�#ksgelrten �a: mea ly available in the pub4 , preprt+2ta:�-to thef4ur13ori}-ar e€�usti t z ;;;tde l snfenne4ion a 4he tltetjty-=ajL-Cit3,Wj114Rake no-'WaI-eF w: ; lr-ia4wmatine to irel p iefi:�s stppr rrec#'in writing-key. tatlte�rik eras t wise r-g,ai s. y ra% ew•ea1 the City ^"�� In the ! becomes aware that confidential informa#ion associated with She model files used _�LL.Rla Water in its Cl i?C t modeling efFnrts for the AuthPJOUN must be disclosed b , law, City witi notify Authority of the rewired disclosure and the affected information. This letter agreement may be executed in a portable document format(i.e.,scanned as a-pdf file)and-',pdf file signatures shall be deerned to be the same as original sig,nature.q, ll`the fore ding correctly sets forth Dive78401 Pc�Box1ag17P9EttCcAIIjyt;fulsti,'+arx:rti !,+b�+8825833 P3618$2711h .- .. .1----1,-- k- file signatures shall be deemod to bc t I ic saline ai origand -signatures. If the I'Oregoing correctly sets forth 400 HaFbo(Drve 78401 1 tW-I:`I I Pill TFWAt T361 882%-33 F361 8827110 "our understanding.please execute one copy of this letter in the space provided below and reftirn a scanned copy of it to me as an email attachment. Sincerely, Kent A. Britton Chief Executive Officer AGREEI)-1-0 AND ACCEPTFD TI If S-DAY OF MAY,2024 BY THE CITY OF CORpjjS CHRJSTI,TEXAS WA jonk A-] L(I M-N! 1141 App. [RE Leot"teir'agreernent for model delivery P� <0 fttyAl pt, A Andrew Mflly Ple'l Wduaej Hey Q few. EFUCO madel that JDrda in ravNeirk9ttle suggested edits to the agreement,asounds as jfjhftCky18 only interested irlitteinput and validation files,not the 10,rorpus.GhnSti Bay on our be hall-If that's the ease.we tan share the inpul and validation rites witIhOut an agreement in P14ace,asth4aycon5istotPutiticly2va"ab that Jordan CompkLed- 6 will email Igtelan with you on copy authorizing,him to transfer these data to Earni�st Jeff jefley Pollack.AlCP.ENV SP dab won RE:letter agreement for model delivery _ y R. 1 R, El 113 l3 Andrew hMmlly larew `"� All I -� a -and J IQ f+Wlede,Jeri I Cc IkMort K t:.L*"Brwn:.Q Pnrl e,� ra M�ra�;Yel Fpdnywed.m rrlJ?5 k51w,,. lawn M ows vj&A,ca Drew, attaching here a slrnple propocl agreement,drafted try pyr ppynxel,mdefine rapeRatlons+riwmxof use el d.e EfOC-model Rf the CC gay System land a Iatad inpukA.1id.11—dat.j. Yr alt rerryant prmn.are amenatrse on your s,dr,please either route for signature and pals at 4a[k Fpr[enl'x counrer-signatiure oT,IP you prefer,I can rrsrnd with Nenk's.signature or,re you've had a eMnee rerie.l.ggest any rh—j— rw semen laferdan and he's prepared to coord,a file delwrry wllh Eames[once wa.h—this delall out of the way Jeff Jeffrey Pollack,AICP,ENV SP Cnrer Styiyyy ersS us:e�oaeu,ry(7nNrw ■ 1'prl p[G CM9t11 Q Search Lilt ` a3': C ® Yi ^ 4 qpG Wl3 g pol+d' rnP:si •'TT^ ...,. _ r er�,•r ,mm Nsr•! eu,guye rv... - RE:Letter agreement for model delivery adre� lDe«l Jka a2.nrn rrhfadr<nau nr axnde nl 'Nn u7 r� as FW 71d,�36 PM 3 nc,keel. DW JW ry. Inypn i I T I;vwn&0)rharom �uul r,...c.ac �R.ncna a.w.xv.rcriror [EMTEF1 NAL 2FI AIL]C.LJIQH Tins ema,l a,,glneled Rpm w,s,00.Pnd or C,rpu•kxm caul�n wlstn ppenmp nrtarnmrnes R*ci csing llntx.Newse^pward ary suapicrra,s eantartt tart Wtnpoexk. 1pP6- '%na,se Rnd attached a red-tined wer imn pt the 4oa t letter agreem"I that Ilse City wo uld Op xnlung ro sign. l hu CUTrohl wession makes declamliana that We City has nn Tlrathand kMOWtedge Of[e,a„r0erenle to 3XgnlfllCant de13y3 in the project,stateme+lt that the model'S going tube V wd lay porr'S permitting effortx,etc.l. We Can make arrangensont;for the attarni`yato coordinate,3 meeting,lrnacded. Thankyov. se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of August 13, 2024 ss52 Second Reading for the City Council Meeting of August 20, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Drew Molly, Chief Operating Officer, CCW DrewMa-cctexas.com (361) 826-1853 Nicholas Winkelmann, P.E., Director of Water Systems, CCW NickW(u-)cctexas.com 361-826-1796 Ordinance to correct the omission of cyanide in Ordinance 033281, Section 55- 141(d)(3), as a pollutant limited in permits issued to significant industrial users discharging to Oso Water Reclamation Plant and Broadway Wastewater Treatment Facility, as required by Texas Commission on Environmental Quality. CAPTION: Ordinance to amend Ordinance 033281 as required by Texas Commission on Environmental Quality regulations by amending Section 55-141(d)(3) of the City Code to update the list of pollutants for which limits may be established in an industrial discharge wastewater permit utilizing the Broadway Wastewater Treatment Facility and the Oso Water Reclamation Plant, providing for a penalty not to exceed $2,000 and publication. SUMMARY: The amendment to the Ordinance Section 55-141 General Sewer Use Requirements will update the ordinance to more accurately reflect the pollutants regulated by the Technically Based Local Limits (TBLLs) of the City's wastewater treatment program to include total cyanide. The TBLLs are required by the TCEQ as part of the City's Texas Pollutant Discharge Elimination System (TPDES) permits. Total cyanide was unintentionally excluded from the list of pollutants in Ordinance 032381 and must be corrected. BACKGROUND AND FINDINGS: Ordinance 033281 was passed and approved on January 30, 2024. This ordinance approved updates to the TBLLs, which are pollutant limitations placed on significant industrial users that discharge to the City's wastewater collection system. These restrictions ensure industrial facilities do not discharge wastewater that contains levels of pollutants that may cause damage to the City's collection system, wastewater treatment plants, or the environment. Due to a typographical error, ordinance 033281 inadvertently omitted total cyanide as a listed pollutant that may be limited for significant industrial facilities requesting to discharge to the Oso Water Reclamation Plant and Broadway Wastewater Treatment Facility. The Texas Commission on Environmental Quality requires the City to update the ordinance to include this pollutant. These limits are identified in Section 55-141 and referenced in Section 55-163 of the City Code, which applies to pollutant generators and transporters. Pollutants of concern are determined during TBLL development based on historical influent wastewater data, receiving water bodies, and other regulatory requirements. Cyanide is a pollutant identified by the U.S. Environmental Protection Agency as a potential pollutant of concern and is required to be evaluated. Following data collection, data review, and evaluation of potential criteria, it was determined that cyanide should be a pollutant of concern in the City's TBLL development. During the subsequent TBLL development, allowable limits for all pollutants of concern, including cyanide, were developed and approved by the Texas Commission on Environmental Quality. Technically Based Local Limits are applied to the wastewater of all industrial users. Industrial users are also required to self-monitor their wastewater and report the results to CCW in addition to independent wastewater monitoring conducted by CCW. The omission of cyanide occurs in Section 55-141(d)(3) of the City Code, which only applies to the Oso Water Reclamation Plant and Broadway Wastewater Treatment Facility and discusses industrial users that may want to connect to those facilities in the future. There are currently no significant industrial users discharging to the Oso Water Reclamation Plant and Broadway Wastewater Treatment Facility, and therefore this update will not affect any current industrial facilities that discharge to the City's wastewater collection system. TCEQ has requested that the Ordinance approval be completed by September 16, 2024. This process will be complete once proof of the approved Ordinance amendment is submitted to TCEQ. ALTERNATIVES: The alternative is to not approve the proposed Ordinance amendment. However, this would violate TCEQ requirements, putting the TCEQ-approved pretreatment program and the City's Wastewater Discharge permits at risk of enforcement proceedings. FISCAL IMPACT: N/A Funding Detail: N/A RECOMMENDATION: Staff recommends amending the Ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to amend Ordinance 033281 as required by Texas Commission on Environmental Quality regulations by amending Section 55-141(d)(3) of the City Code to update the list of pollutants for which limits may be established in an industrial discharge wastewater permit utilizing the New Broadway Wastewater Treatment Facility or the Oso Water Reclamation Plant; providing for a penalty not to exceed $2,000 and publication. WHEREAS,the City working with a technical consultant proposed updates to its technically based local limits for discharge of wastewater into the City's wastewater system and submitted proposed changes approved by City Council Ordinance 033281 to the Texas Commission on Environmental Quality for review; WHEREAS, Ordinance 033281 inadvertently omitted cyanide from list of pollutants identified in City Code Section 55-141(d)(3) for which limits may be established for purposes of any requested industrial discharge wastewater permits utilizing the Oso Water Reclamation Plant or New Broadway Wastewater Treatment Facility; NOW THEREAFORE BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 . That the Corpus Christi City Code, Chapter 55, Sec. 55-141 — General sewer use requirements, subsection (d) Specific local pollutant limitations, is amended by adding the following language that is underlined (added) as delineated below: (3) Significant industrial users desiring to discharge to the Oso Water Reclamation Plant or New Broadway Wastewater Treatment Facility shall submit a permit application prior to discharge. Limits for the following pollutants may be found in a wastewater discharge permit: Arsenic,total Cadmium,total Chromium,total Copper,total Cyanide,total Lead,total Mercury,total Phenols,total Nickel,total Silver,total Zinc,total No user shall discharge pollutants in excess of the limits in a wastewater discharge permit. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Corpus Christi City Code. SECTION 5. This ordinance takes effect after publication. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ 1st Reading item for City Council Meeting of August 13, 2024 ss52 2nd Reading item for City Council Meeting of August 20, 2024 DATE: July 25, 2024 TO: Peter Zanoni, City Manager FROM: Gabriel A. Rodriguez gabrielroa-cctexas.com 361-826-3379 Briefing on Requested Changes to the Ethics Code CAPTION Ordinance amending Section 2-330 of the Code of Ordinances of the City of Corpus Christi, Texas to provide for outside representation of City Officials for alleged violations before the Ethics Commission. BACKGROUND AND FINDINGS: A Council member recently was the subject of a non-sustained allegation at the City Ethics Commission. The member utilized an attorney, at their own expense, to defend themselves against the allegation. They indicated a desire for the City pay for the defense of City Officials who are the subjects of non-sustained allegations at the Ethics Commission. Several members of City Council have identified with their concerns and requested such coverage. The City currently indemnifies officers and employees for their cost of defending against "claims or damages arising out of the course and scope of employment" as long as they were "were done in good faith and without malicious or felonious intent". See Corpus Christi City Code § 39-14(b). Such indemnity does not apply to ethics allegations because they are merely advisory in nature, without monetary sanction. City provision of indemnity for internal ethics allegations would require a change to the City Code. Some cities provide for reimbursement of defense costs against ethics allegations and therefore provide a roadmap to potential indemnity procedures. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Ordinance Amending Corpus Christi City Code 2-330 Ordinance amending Section 2-330 of the Code of Ordinances of the City of Corpus Christi, Texas to provide for outside representation of City Officials for alleged violations before the Ethics Commission. WHEREAS, Corpus Christi City Code § 2-326(a)(1) requires the Ethics Commission to review all proposed changes to the City's Code of Ethics and make recommendations to City Council before being placed on a city council agenda for action. WHEREAS, the Ethics Commission has recommended the following changes to the City's Code of Ethics. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. Subsection 2-330(e) of the City Code is amended to read as follows: Sec. 2-330. - Complaints. (e) If the commission determines such party's complaint or defense was groundless, legal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means: (1) without basis or fact; or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist for a hearing. The city will Pay reasonable fees for legal representation of the respondent through conclusion of a commission hearing from an approved list provided by the City Attorney, subject to the city's right to repayment through salary and/or stipend deductions of the respondent in the event the commission finds a violation has occurred. Section 2. All provisions of the ordinances of the City of Corpus Christi in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. Section 4. This ordinance shall become effective October 1, 2024. 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. Introduced and voted on the day of 2024. PASSED and APPROVED on the day of 2024. Paulette M. Guajardo, Mayor Rebecca L. Huerta, City Secretary 2 Briefing — City Council request for Representation when wrongfully accused of violating Ethics Code: A Council member recently was the subject of a non-sustained allegation at the City Ethics Commission. The member utilized an attorney at their own expense to defend themselves against the allegation. They indicated a desire for the City pay for the defense of City Officials who are the subjects of non-sustained allegations at the Ethics Commission. Several members of City Council have identified with their concerns and requested such coverage. The City currently indemnifies officers and employees for their cost of defending against "claims or damages arising out of the course and scope of employment" as long as they were "were done in good faith and without malicious or felonious intent". See Corpus Christi City Code § 39-14(b). Such indemnity does not apply to ethics allegations because they are merely advisory in nature, without monetary sanction. City provision of indemnity for internal ethics allegations would require a change to the City Code. Some cities provide for reimbursement of defense costs against ethics allegations. San Antonio — The City of San Antonio has a similar provision to Corpus Christi in its Code of Ordinances, which provides reimbursement of attorney's fees by complainants for frivolous complaints. However, it also have an extended process for determining what is considered frivolous, including a show cause hearing involving the complainant. See San Antonio City Code Sec. 2-83(f) and (g). Dallas - The City of Dallas allows for city officials or employees charged in a complaint to employ independent outside counsel so long as they are approved by the city attorney. The City will pay the reasonable and necessary fees incurred after review by the ethics commission. If the Ethics Commission finds that a violation occurred, the city official or employee will reimburse the City for the fees and expenses. See Dallas City Code Chapter 12A, Art. VII Sec. 12A-48(b). Austin - The City of Austin, generally, does not have a legal defense for city officials in relation to Ethics Complaints. If, however, a city official reasonably believed the conduct charged was not prohibited by the City's Code of Ethics and acted in reasonable reliance upon a public opinion rendered by the city attorney, the city attorney shall be authorized to represent the official or employee before the commission, or to employ and pay private counsel to represent the official or employee before the commission. See Austin City Code Sec. 2-3-42. Arlington - The City of Arlington's Code of Ordinances contains a provision related to reimbursement of reasonable legal fees and expenses in defending an Ethics complaint upon a finding by the City Council that the public interest will be served. The City Attorney is charged with determining what constitutes reasonable fees and expenses for the representation of the complaint. See Arlington City Code Art. XII, Sec. 12.08(H)(2). Fort Worth - The City of Fort Worth does provide the respondent with legal counsel of their choosing for Ethics complaints provided that fee arrangements are first approved by City Council. See Fort Worth City Code Sec. 2-248. The Cities of Houston and El Paso do not contain similar cost provisions within their code of ordinances. The Cities of Arlington and El Paso do provide for a review by the City Attorney prior to forwarding on to the Ethics Commission. City Code requires Ethics Commission to review proposed changes to the Code of Ethics. Therefore, the Ethics Commission was provided with proposed changes to Corpus Christi City Code Sec. 2-330. • Provision for representation of a City Official by an outside attorney provided by City. • Provisions for cost-control of attorneys provided by City: • approved list provided by the City Attorney. • repayment obligation for sustained allegations • an initial review for legal sufficiency and form by the City Attorney's office of Ethics Complaints, prior to forwarding to the Ethics Commission. Recommendation of Ethics Commission : 2-330(e) If the commission determines such party's complaint or defense was groundless, legal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means: (1 ) without basis or fact; or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist for a hearing. The city will pay reasonable fees for legal of the respondent through conclusion of a commission hearing provided by the City Attorney, subject to the city' s right to and/or stipend deductions of the respondent in the event the violation has occurred . Ethics Commission did not recommend following added language : (e) (1) The city attorney shall conduct a preliminary review of the complaint within 7 business days after receipt and issue determination whether the complaint (i) is sufficient as to form and (ii) alleges sufficient facts which, if true, could constitute a prima facie violation of the Rules of Conduct . The city attorney shall provide the commission, the city secretary, the complainant and the respondent with written notice of such determination . (e) (2) The complaint will be dismissed upon determination that the complaint does not comply with (e) (1) (i) and (e) (1) (ii) , subject to complainant' s right to appeal such dismissal to the commission within 10 business days of dismissal . This appeal must be in writing, sworn, and state the grounds for the appeal . The complainant shall provide the appeal to the city secretary, who will then forward a copy to the commission, the city attorney and the respondent within 3 business days of receipt . (e) (3) The respondent shall have at least 10 business days to submit a written response to the commission after a preliminary determination of the city attorney that the complaint complies with (e) (1) (i) and (e) (1) (ii) , or so w 0 H AGENDA MEMORANDUM koaPoap4 First Reading for the City Council Meeting of August 13, 2024 1852 Second Reading for the City Council Meeting of August 20, 2024 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK@cctexas.com 361-826-7202 Acceptance of the Texas Beach Watch Grant for the Corpus Christi — Nueces County Public Health District CAPTION: Ordinance authorizing acceptance and amendments of Texas Beach Watch (TBW) Program Grant for $140,000.00 from the Texas General Land Office (GLO) to provide beach water sampling in Nueces, Aransas, and San Patricio County under the Texas Beach Watch Program for the period of September 1, 2024, through August 31, 2025; and authorizing one existing position to be funded by this grant and appropriating $140,000.00 in the Health Grant Fund. SUMMARY: The Corpus Christi-Nueces County Public Health District (CCNCPHD) received Contract No. 25- 018-000-E709 from the GLO to provide financial assistance for expenses to support the collection of$140,000.00. The CCNCPHD, in conjunction with the TBW, collects and analyzes recreational beach water samples from designated sampling stations and reports results to the GLO. This grant allows for one position Public Health Technician which is 100% grant funded. BACKGROUND AND FINDINGS: The GLO has awarded a contract amendment to CCNCPHD to collect and analyze recreational beach water samples to provide water health and safety for biological materials. This contract is effective September 1, 2024, through August 31, 2025. Every year, the GLO awards the Texas Beach Watch Program financial support, which provides for salary, benefits, and expenses. The TBW collects specimens throughout designated sampling stations in Aransas, Nueces, and San Patricio Counties and monitors waterways. The program monitors these recreational beaches and when Enterococcus bacteria levels in the water exceed the acceptable standards established by the U.S. Environmental Protection Agency (EPA), the GLO works with local governments to issue advisories warnings to the public. This award has been appropriated to the CCNCPHD since 2015. Water samples are collected and tested throughout the year. During the peak beach season, which runs from May through September, water samples are collected weekly. During the rest of the year, samples are collected every two weeks. The one exception occurs in March when weekly sampling is conducted at Gulf of Mexico beaches to coincide with spring break. The water quality information on the Texas Beach Watch site is updated each time sample results are entered into the database. Local governments post advisory signs provided by the GLO at beach access points where the water quality exceeds acceptable bacterial levels. Once collected base water samples are submitted and analyzed, a repeat sample may be required. Reimbursement for each base sample submitted is $55.00 and $70.00 for each repeat sample required. Texas Beach Watch is a program funded by the EPA and the GLO, which administers the program. This contract is not to exceed $140,000.00. ALTERNATIVES: To deny the Texas Beach Watch Grant; however, this would not be the preferred alternative as this service provides an essential real-time report on recreational beach water samples for the community who utilizes these resources. FISCAL IMPACT: All services conducted such as collection, testing, and reporting are 100% compensated by the awarded contract. FUNDING DETAIL: Fund: 1066 Health Grant Fund Organization/Activity: 831831 F /Texas General Land Office (GLO) Mission Element: 15 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance GLO Contract No. 21-043-001 Presentation Ordinance authorizing acceptance and future amendments of Texas Beach Watch Program Grant for $140,000.00 from the Texas General Land Office (GLO) to provide beach water sampling in Nueces, Aransas, and San Patricio County under the Texas Beach Watch Program for the period of September 1, 2024, through August 31, 2025; and authorizing one existing FTE that is funded by this grant and appropriating $140,000.00 in the Health Grant 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 enter into GLO Contract No. 25-018-000-E709 with the Texas General Land Office (GLO) for an amount not to exceed $140,000 to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program for the period September 1, 2024, through August 31, 2025, with two one-year options. SECTION 2. Funds in the amount of $140,000.00 are appropriated from the grant to the Health Grants Fund No. 1066 to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program for the period September 1, 2024, through August 31 , 2025; and authorizing one existing FTE. SECTION 3. The City Manager or designee is authorized to execute any future options or amendments to the Contract that extend the contract period or increase or decrease the amount of compensation. SECTION 4. 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 LAND t a INTERLOCAL CONTRACT GLO Contract No. 25-018-000-E709 THE GENERAL LAND OFFICE ("the GLO") and CITY OF CORPUS CHRISTI, Texas Identification Number (TIN) 17460005741 ("Provider"), each a "Party" and collectively "the Parties," enter into the following contract for services (the "Contract")pursuant to the Cooperation Act, Chapter 791 of the Texas Government Code. I.DEFINITIONS/INTERPRETIVE PROVISIONS/PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, which may include Title 2, Part 200, Code of Federal Regulations and Chapters 321 and 791 for interlocal of the Texas Government Code. "Attachment" means documents, terms, conditions, or additional information attached to this Contract following the execution page or expressly incorporated by reference within the body of this Contract. "Contract" means this entire document, along with any Attachments. "Deliverable" means a unit or increment of work to include, any item, report, data, document, photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "Federal Assurances and Certifications" means Standard Form 424B (Rev. 7-97) (non- construction projects) or Standard Form 424D (Rev. 7-97) (construction projects), and U.S. Department of Commerce Form CD-512 (12-04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," attached hereto as Attachment B and incorporated herein for all purposes. "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. "General Affirmations" means the statements, terms, and conditions attached hereto as Attachment C. To the extent they apply, Provider agrees to and affirms the General Affirmations. "Intellectual Property" means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible GLO Contract No.25-018-000-E709 Page 1 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Project" means the services described in SECTION 1.03 of this Contract. "Public Information Act" means Chapter 552 of the Texas Government Code. "Subcontractor" means an individual or business that signs a contract, or enters into an agreement with Provider, to perform part or all of the obligations of Provider under this Contract. "Travel Regulations" means all applicable statutes, regulations, laws, and Comptroller guidance related to reimbursement for Provider's travel expenses, including: Title 34, Section 5.22, of the Texas Administrative Code; Chapter 660 of the Texas Government Code; the General Appropriations Act; and Textravel, the Comptroller's travel regulation guidance available on the Comptroller's website. "Work" means services to be performed or goods to be delivered, and any appurtenant actions performed and items produced, conceived, or developed,including but not limited to Deliverables,in the performance of the Project. 1.02 INTERPRETIVE PROVISIONS a) The meanings of defined terms apply to the singular and plural forms of the defined terms; b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, work order, or schedule of this Contract unless otherwise specified; c) The term "including" means "including, without limitation." d) Unless otherwise expressly provided, references to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and a reference to a statute or regulation includes statutory or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; f) All Attachments to this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; g) This Contract may use several limitations, regulations, or policies to regulate the same or similar matters and each such limitation, regulation, and policy is cumulative and shall be performed in accordance with its terms; h) Unless otherwise expressly provided, reference to any action of or by the GLO by way of consent, approval, or waiver is deemed modified by the phrase "in its/their sole discretion," however, the GLO shall not unreasonably withhold or delay any approval, consent, or waiver required or requested of it; i) Time is of the essence in this Contract; GLO Contract No.25-018-000-E709 Page 2 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 j) If this Contract and its Attachments conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment A, Attachment B, and Attachment C. 1.04 PROJECT Provider shall perform or cause to be performed: collection and analysis of water samples from designated sampling stations in Aransas County, Nueces County, and San Patricio County, Texas, in accordance with the Quality Assurance Project Plan (QAPP), incorporated herein by reference in its entirety for all purposes, as if physically attached; and notification of the public of water quality advisories (the "Project"). Provider shall perform the Project in accordance with the Contract, Attachments, including the Work Plan, attached hereto as Attachment A, and the QAPP. 1.05 REPORTING REQUIREMENTS Provider must perform all tasks and submit all deliverables in accordance with the due dates and schedule in Attachment A. If Attachment A does not list a due date or schedule for a given task or deliverable, Provider must perform that task or submit that deliverable on or before the date specified by the GLO's Project Manager. 11.TERM 2.01 DURATION This Contract shall be effective as of September 1, 2024 and shall terminate on August 31, 2025. The Parties may renew the term of this Contract for up to two optional periods of one year each, by mutual written agreement. 2.02 EARLY TERMINATION FOR CONVENIENCE The GLO may terminate this Contract for convenience by giving written notice specifying a termination date at least 30 days subsequent to the date of the notice. Upon receipt of any such notice, Provider shall cease work, terminate all subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 2.03 ABANDONMENT OR DEFAULT If Provider abandons work or defaults on the Contract and fails to cure the default within 30 days after receiving written notice of default, the GLO may terminate the Contract without notice. III.CONSIDERATION 3.01 CONTRACT LIMIT,FEES,AND EXPENSES The total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $140,000.00. Provider will be reimbursed $55.00 for each base sample submitted and $70.00 for each repeat sample required, if any, which includes pre-approved travel, pre-approved supplies, and all other pre- approved expenses related to the performance of the Project. 3.02 TRAVEL EXPENSES a) The GLO will not reimburse Provider for travel expenses of any kind without prior written GLO approval. The GLO will only reimburse travel expenses GLO Contract No.25-018-000-E709 Page 3 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 directly attributable to Provider's performance of this Contract at the rates established or adopted by the Comptroller of the State of Texas, as outlined in the Travel Regulations. b) Subject to the maximum Contract amount authorized herein and upon specific, prior, written approval by the GLO, lodging, travel, and other incidental direct expenses may be reimbursed under this Contract for professional or technical personnel who are working away from the cities in which they are permanently assigned and conducting business specifically authorized in the Work Plan in Attachment A. c) The limits for reimbursements are the rates established or adopted by the Comptroller, as outlined in the Travel Regulations. Provider understands and acknowledges that any travel-expense reimbursement by the GLO is not a per diem. The GLO will only reimburse actual, allowable expenses in accordance with the Travel Regulations. Provider must submit itemized receipts to support any request for travel-expense reimbursement. 3.03 INVOICES Invoices must: a) be submitted to vendorinvoices2glo.texas.gov; b) be supported by documentation (including, but not limited to, itemized receipts)that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and c) prominently display GLO Contract Number 25-018-000-E709. 3.04 PAYMENT If Provider does not submit invoices in strict accordance with the instructions in this Contract, payment of invoices may be significantly delayed. The GLO shall not pay interest, fees, or other penalties for late payments resulting from Provider's failure to submit invoices in strict accordance with the instructions in this section. IV.AUTHORITY,AFFIRMATIONS,ASSURANCES,AND CERTIFICATIONS 4.01 REPRESENTATION OF AUTHORITY Provider, warrants that: (1) it has authority to perform the services described herein; and (2) the representative executing this Contract on its behalf is authorized by its governing body to do so. The GLO, warrants that: (1)it has the authority to contract for the services described herein; and (2) the representative executing this Contract on its behalf is authorized to do so. 4.02 GENERAL AFFIRMATIONS To the extent they apply, Provider certifies it has reviewed the General Affirmations in Attachment C, and that Provider is in compliance with all the requirements contained therein. 4.03 FEDERAL ASSURANCES AND CERTIFICATIONS To the extent they apply, Provider certifies it has reviewed the Federal Assurances and Certifications in Attachment B, and that Provider is in compliance with all the requirements GLO Contract No.25-018-000-E709 Page 4 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 contained therein. Provider certifies it is in compliance with all other applicable federal laws,rules,and regulations. 4.04 CERTIFICATIONS FOR INTERLOCAL CONTRACT Each Party certifies that this Contract is authorized by its respective governing body, as applicable, or is otherwise authorized under procedures for entering into interlocal contracts that do not require the approval of its governing body. Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party. The Parties agree any contractual payment described in this Contract is in an amount that fairly compensates the performing Party for the services or functions performed under this Contract. V.STATE AND FEDERAL FUNDING 5.01 STATE FUNDING a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. b) Any claim by Provider for damages under this Contract may not exceed the amount of funds due and owing Provider or the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this Contract shall be construed as a waiver of sovereign immunity. 5.02 RECAPTURE OF FUNDS The GLO may terminate the Contract and recapture and be reimbursed by Provider for any payments the GLO makes that: (i) exceed maximum allowable rates; (ii) are not allowed under applicable laws, rules, or regulations; or (iii) are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.03 OVERPAYMENT Provider shall be liable to the GLO for any costs disallowed pursuant to financial or compliance audit(s) of funds Provider received under this Contract. Provider shall reimburse such disallowed costs from funds other than those Provider receives pursuant to this Contract. VI.OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND INTELLECTUAL PROPERTY a) The GLO shall own, and Provider hereby irrevocably assigns to the GLO, all ownership rights, title, and interest in and to all Intellectual Property acquired or developed by Provider pursuant to this Contract, including, without limitation, all Intellectual Property in and to reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed by Provider under this Contract. The GLO may obtain and hold in its GLO Contract No.25-018-000-E709 Page 5 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 name any and all patents, copyrights, trademarks, service marks, registrations, or such other protections, including extensions and renewals thereof, as may be appropriate to the subject matter. Provider agrees and acknowledges that all expressive content subject to copyright protection, including, without limitation, all reports, drafts of reports, drawings, artwork, photographs, video, computer programs and codes, and/or any other expressive content acquired or developed by Provider pursuant to this Contract is a "work made for hire" under the United States Copyright Act of 1976. If, for any reason, any expressive content subject to copyright protection or any portion of such expressive content is not a work made for hire, Provider hereby irrevocably assigns to the GLO ownership of all rights, title and interest in and to such expressive content or such portion of such expressive content. Such rights, title, and interest include, without limitation, the entire and exclusive copyright in the expressive content and all rights associated with the copyright, including reproduction rights, distribution rights, the right to prepare translations and other derivative works, and the right to display the expressive content in all formats and media now known or developed in the future. b) Provider must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance and execute documents required to perfect the rights granted to the GLO herein, without any charge or expense beyond the stated amount payable to Provider for the services authorized under this Contract. VII.RECORDS,AUDIT,RETENTION,AND DISCLOSURE 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives to determine Provider's compliance with this Contract and all applicable laws,rules, and regulations. 7.02 INSPECTION AND AUDIT a) All records related to this Contract, including records of Provider and its Subcontractors, shall be subject to the Administrative and Audit Regulations. b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards. GLO Contract No.25-018-000-E709 Page 6 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 c) State agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include the GLO, the GLO's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, the Texas Comptroller of Public Accounts, and their authorized designees. With regard to any federal funding, federal agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include: the relevant federal agency(ies), the Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, and their authorized designees. 7.03 PERIOD OF RETENTION Each Party shall retain in its records this Contract and all documents related to this Contract. Unless a longer retention period is specified by applicable federal law or regulation, the Parties may destroy the Contract and related documents only after the seventh anniversary of the date: the Contract is completed or expires; or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Contract or related documents are resolved. 7.04 CONFIDENTIALITY To the extent permitted by law, Provider and the GLO shall keep all information, in whatever form produced, prepared, observed, or received by Provider or the GLO, confidential to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the GLO; or (c) information that Provider or the GLO is otherwise required to keep confidential by this Contract. Provider must not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any communications or announcements relating to this Contract through press releases, social media, or other public relations efforts without the prior written consent of the GLO. 7.05 PUBLIC REcoRDs The GLO may post this Contract to the GLO's website. Provider understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Provider is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdf') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Provider believes to be excepted from disclosure as "confidential" or a "trade secret," Provider waives any and all claims it may make against the GLO for releasing such information without prior notice to Provider. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Provider shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third-party written requests for information and forward a copy of said written requests to PIALegalkglo.texas.gov. If a request for information was not written, GLO Contract No.25-018-000-E709 Page 7 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Provider shall forward the third party's contact information to the above-designated e- mail address. VIII.MISCELLANEOUS PROVISIONS 8.01 INSURANCE Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self-Insurance by Governmental Units," Provider is self-insured and, therefore, is not required to purchase insurance to perform its obligations under this Contract. 8.02 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver, permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider shall pay any such government obligations not paid by its subcontractors during performance of this Contract. In its performance of the Contract, Provider shall not infringe the intellectual property rights of third parties. 8.03 ASSIGNMENT AND SUBCONTRACTS a) Provider shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Any purported assignment executed in violation of the foregoing is void and without effect. Notwithstanding this provision, Provider may subcontract with others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. b) Provider will provide written notification to the GLO of any such subcontractor performing fifteen percent (15%) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. 8.04 RELATIONSHIP OF THE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract. Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, employer-employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Provider or any other Party. Provider shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or GLO Contract No.25-018-000-E709 Page 8 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by the State. 8.05 COMPLIANCE WITH OTHER LAWS In its performance of this Contract, Provider shall comply with all applicable federal, state, county, and city laws, statutes, ordinances, and regulations. Provider is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations. 8.06 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required,to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue,Mail Code 158 Austin, TX 78701 Attention: Contract Management Division Provider City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Attention: Laboratory Manager Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for notice by written notice to the other Party as herein provided. 8.07 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction, the laying of venue, or based on forum non conveniens, it has or may have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR THE STATE OF TEXAS. 8.08 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.09 FORCE MAJEURE Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; GLO Contract No.25-018-000-E709 Page 9 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Parry (collectively referred to as a "Force Majeure"), then,while so prevented,the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Parry claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Provider. 8.10 ENTIRE CONTRACT AND AMENDMENT This Contract, its Attachments, and any Work Order issued under this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Additional or conflicting terms in Attachments or Work Orders shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or Work Order specifically displays a mutual intent to amend part of this Contract, conflicts shall be construed consistently with the terms of this Contract. This Contract, its Attachments, and any Work Orders issued under this Contract may only be amended by a mutual, written agreement executed by authorized representatives of the Parties. 8.11 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute one and the same Contract. 8.12 PROPER AUTHORITY Each Parry represents and warrants that the person executing this Contract on its behalf has the authority to enter into this Contract. This Contract is effective for the term specified herein. Any services Provider performs before this Contract's effective date or after its termination or expiration are performed at Provider's sole risk. 8.13 TAXES,WORKERS' COMPENSATION,UNEMPLOYMENT INSURANCE Provider shall be solely liable and responsible for payment of Provider's and Provider's employees' taxes of whatever kind, arising out of the execution or performance of the Contract. Provider shall comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. The GLO and the State of Texas, by entering into this Contract, shall not be liable to Provider or its officers, agents, employees, representatives, contractors, assignees, designees, or others for the payment of taxes, or the provision of unemployment insurance, workers' compensation, or any benefit available to a state employee or employee of another governmental entity. 8.14 INDEMNIFICATION As required under the Constitution and laws of the State of Texas, each Parry understands that it is solely liable for any liability resulting from its acts or omissions.No act or omission GLO Contract No.25-018-000-E709 Page 10 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 of a Party shall be imputed to the other Parry. Neither Party shall indemnify or defend the other Party. 8.15 INFRINGEMENT If Provider becomes aware of an actual or potential claim of infringement of any United States patent, copyright, trade or service mark, or any other intellectual or intangible property right that occurs in the execution or performance of the Contract, or the GLO provides Provider with notice of such claim, Provider may (or in the case of an injunction against the GLO, shall), at Provider's sole expense either: (i) procure for the GLO the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with a functionally equivalent or superior product or service so that the GLO's use is non-infringing. 8.16 DISPUTE RESOLUTION Except as otherwise provided by statute, rule or regulation, Provider shall use the dispute resolution process established in Chapter 2260 of the Texas Government Code and related rules to attempt to resolve any dispute under this Contract, including a claim for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course of business. Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of such a claim constitutes grounds for Provider to suspend performance of this Contract. Notwithstanding this provision, the GLO reserves all legal and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.17 SURVIVAL OF TERMS AND PROVISIONS The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretation; warranties; affirmations; prohibition on debts created on behalf of the State of Texas and/or the GLO; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership; intellectual property; books and records; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers' compensation; unemployment insurance; Provider's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any subcontractors to provide the goods or services described in this Contract; indemnity; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. SIGNATURE PAGE FOLLOWS GLO Contract No.25-018-000-E709 Page 11 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 SIGNATURE PAGE FOR GLO CONTRACT No.25-018-000-E709 GENERAL LAND OFFICE CITY OF CORPUS CHRISTI Jennifer G.Jones Name: Chief Clerk and Deputy Land Commissioner Title: Date of execution: Date of execution: OGC PM MGR DIE DD SDD DGC h115 GC 9� ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A-WORK PLAN ATTACHMENT B-FEDERAL ASSURANCES ATTACHMENT C-GENERAL AFFIRMATIONS ATTACHMENTS FOLLOW Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 1 of 7 BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with City of Corpus Christi (Provider) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Beach Watch Coordinator Lucy Flores Texas General Land Office P. O. Box 12873 Austin,Texas 78711-2873 (512)463-5134 lucy.flores@glo.texas.gov I. QUALITY ASSURANCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Provider must adhere to the QAPP. The Project Manager is required to download and read the document and return the signature page (Appendix D of the QAPP) to the GLO Beach Watch Coordinator. If any conflicts arise between this Work Plan and the QAPP, the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com. II. SAMPLING STATIONS AND SCHEDULE. All samples shall be collected in accordance with the Procedures for Providers set forth below and in the QAPP. Sampling Stations. The Provider shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Provider shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, for Aransas County, Nueces County, and San Patricio County shall be collected by Corpus Christi-Nueces County Public Health District over 42 sampling weeks between September 1, 2024 and August 31, 2025. Sampling Depth. The Texas Beach Watch Program will sample at a depth of approximately two feet (-2 ft.) or knee depth. The two-foot sampling depth will apply unless: • The majority of recreational activity occurs at a depth significantly different than two feet. If this occurs samples may be collected at the location of greatest swimmer activity; or • The two-foot sampling depth occurs more than 50 meters from shore. If the two-foot sampling depth occurs more than 50 meters from the shore,samples may be collected at 50 meters from shore or at the location of greatest swimmer activity. The distance shall be measured from the approximate water line at the time of sampling. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 2 of 7 Sampling Schedule. Exhibit 1 lists the weeks when sampling will be conducted. Tuesday is the preferred sample collection day. Monday and Wednesday are alternate sample collection days. This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three-day period; however, prior approval from the Beach Watch Coordinator is required. III. LABORATORY TESTING The Provider will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-$-D-Glucoside Agar (mEI) Dec 2009 (https://www.epa.gov/sites/default/files/2015-08/documents/method 1600 2009.pdf or the IDEXX EnterolertT"°system. The local contractor or designated laboratory shall have a Quality Assurance/Quality Control (QA/QC) Plan. Plans approved by other entities (state/federal/commercial) and adopted by the Provider may be considered. Upon execution of this Contract, the Provider shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail) for the laboratory, if separate from the Provider. If the Provider is tasked with preparing water samples collected for QPCR analysis,the Provider will follow the following steps. PRE-PROCESSING OF WATER SAMPLES FOR QUANTITATIVE PCR* 1.0 Laboratory Organization, Equipment, and Supplies 1.1 Disposable membrane filtration units (filter base, polycarbonate filter [0.4 [tm] with 47 mm diameter, and 100 mL capacity funnel), individually bagged, and gamma-irradiated (Pall MicroFunnelsTM filter funnels FMFNL1050 or equivalent) 1.2 Line vacuum, electric vacuum pump, or aspirator for use as a vacuum source. In an emergency or in the field, a hand pump or a syringe equipped with a check valve to prevent the return flow of air can be used. 1.3 Flask, filter, vacuum, usually 1 L,with appropriate tubing 1.4 Filter manifold to hold a number of filter bases 1.5 Flask for safety trap placed between the filter flask and the vacuum source 1.6 Polycarbonate membrane filters, white, 47 mm diameter, with 0.45 µm pore size (Millipore HTTP04700 or equivalent).Note:These filters will not be needed if Pall MicroFunnelsTm filter funnels FMFNL1050 (See 1.1) are used because polycarbonate membrane filters are supplied with funnel assembly. 1.7 Stainless steel forceps, straight or curved, with smooth tips to handle filters without damage, 2 pairs 1.8 Permanent ink marking pen for labeling tubes 1.9 Optional:Glass filter assembly to be used in conjunction with item 1.6 or use item 1.1 to replace both of these. Assembly consists of filter base that connects to item 1.4, glass funnel and locking clamp to hold the two together. 1.10 Sterile transfer pipette. 1.11 Sterile, DNA-and DNase-free 5 mL plastic tubes (Qiagen 30122348 or equivalent) 1.12 Freezer, -20°C or-80°C(storage of filters); if-20°C freezer used, make sure it is a manual defrost freezer. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 3 of 7 2.0 Reagents and Standards 2.1 PCR-grade water (OmniPur water [VWR EM-9610 or equivalent]). Water must be DNA/DNase free. 3.0 Procedure 3.1 Environmental water sample filtration and method blank(MB) preparation Note:100 mL of each environmental water sample is the preferred amount to be filtered, minimum of 50 mL is acceptable. One MB sample should also be filtered with every batch of environmental watersamples. The MB should be processed after environmental watersamples for each of the steps described below. 3.1.1 Place a fresh membrane filtration funnel assembly (Section 1.1) on the filter base or a clean filter assembly (Section 1.9). Note: If using a disposable filtration unit, confirm that the unit contains the correct filter type—replace if necessary. (Section 1.6) 3.1.2 Shake the environmental water sample bottle vigorously 25 times to distribute the bacteria uniformly, and measure 100 mL of the environmental water sample using the graduated markings on the funnel or a sterile transfer pipette. Filter sample.Note:If less than 100 mL of sample is available or if filter clogs, record actual volume filtered on sample form. 3.1.3 After filtering the sample, turn off the vacuum. 3.1.4 Label a storage tube (Section 1.11) to identify environmental water sample. Remove the funnel from the filter base. Using sterile forceps, fold filter into a cylinder with the sample side facing inward, being careful to handle the filter only on the edges, where the filter has not been exposed to the environmental water sample. Insert the rolled filter into the labeled storage tube. Note: If using a reusable glass filter assembly, it will need to be sterilized between samples. To do this, place the glass funnel upside down on a ceramic tile and apply a generous amount of isopropyl alcohol or ethanol to the funnel and the filtration base. Allow the a few seconds of contact time and then light the alcohol with a flame and using metal tongs or forceps lift the funnel to ensure all the surface area has contact with the flame and is sterilized. Once the flame has extinguished and the assembly has cooled it, is ready for use. 3.1.5 Filter the remaining environmental water samples and place filters in labeled storage tubes (Section 3.1.4). Filter MB samples (100 mL PCR-grade water, Section 2.1) and place filters in labeled storage tubes (Section 3.1.4). 3.1.6 Store tubes containing folded filters at -80°C (-20°C manual defrost freezer okay) until shipment to lab for DNA extraction and purification. *Procedures adapted from: USEPA (2019) Method 1696: Characterization of Human Fecal Pollution in Water by HF183/BacR287 TagMan°Quantitative Polymerase Chain Reaction (gPCR) Assay. EPA 821-R19- 002. Washington, DC. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Provider: • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 4 of 7 • Sample bottles —The bacteriological samples will be collected in polypropylene bottles at least 125 milliliters(ml) but no more than 1000 ml to allow for adequate sample mixing. Polypropylene bottles are recommended as they may be autoclaved and will keep sample costs down. • Ice to keep samples cool • Labels for sample bottles(Use waterproof adhesive labels.) • Black indelible marker to label samples • All paperwork including but not limited to Chain of Custody forms and Field Observation Forms (FOF) (Exhibit 2). Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator. Sample Collection Training. Trained individuals shall perform the collection of samples. A brief description of the training of the individuals must be provided to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the CAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side-by-side or concurrently. All water samples shall be collected as follows: Step-by-Step Procedures for Local Contractors. The following procedures for sampling are based upon text taken from Part II, Section A, of the EPA publication "Microbiological Methods for Monitoring the Environment: Water and Wastes" EPA-600/8-78-017, December 1978. 1. Identify the sampling site on a chain of custody tag, if required, or on the bottle label and on a field log sheet. 2. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean,waterproof, non-smearing,and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark. 3. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 4. The first sample to be prepared is the trip blank(at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation. 5. To collect the water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water. 6. Open a sampling bottle,grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two-foot standing depth will collect the sample at the 15- centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 5 of 7 be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 7. Remove the bottle from the water body. 8. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)above each sample for proper mixing of the sample before analysis. [NOTE:If the bottle contains any debris, contaminants, or excessive sediment/sand, a new bottle must be used. Do not discard the water sample and refill the bottle.] 9. Tightly close the stopper. 10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at<10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible,to ensure proper maintenance of storage temperature. Take care to ensure sample bottles are not totally immersed in water during transit or storage. Process samples as soon as possible after collection. Do not hold samples longer than six hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods. 13. Field Split Sampling:A field split is a single sample subdivided by field staff immediately following collection and submitted to the laboratory as two separate, identified samples.Split samples are preserved, handled, shipped, and analyzed identically and are used to assess variability or related to special project sampling.When collecting water samples for a field split,collect water samples in a sterile, unused 1000ml container. • Using the 1000ml container, follow the above sample collection procedure using steps 4- 8. • Prepare pre-labeled 125ml bottles from the above step 1 by placing them on a stable, flat surface. Ensure the bottle caps are not contaminated by placing them with the threads facing up. • While keeping the 1000ml lid affixed, vigorously shake the bottle for 10 seconds, ensuring any particulates are suspended in the sample. • In rapid succession, remove the lid and pour contents into the two separately prepared 125ml containers,then immediately place the caps on. Depending on technique and timing, additional swirling of the 1000ml during this process may be needed to ensure particulates remain suspended. • Follow steps 11-12 in the above procedure. 14. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. Labeling the Samples. Each sample bottle shall be labeled with the following information: • Date and time of sample collection • Sampler's name Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 6 of 7 • Sample letters and station number as identified in Appendix C of the CAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, the samples must be delivered to the designated laboratory for testing within 6 (six) hours of collection. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice may be added during the sampling day. Sampling Documentation. A FOF must be completed for each station. Multiple stations may be included on a single FOF if all the data is the same. A copy of a completed FOF must be provided to the designated laboratory(if different than the Provider). The Provider shall retain all FOFs. Data from the FOFs must be submitted electronically, once a month, in a spreadsheet format supplied by the Beach Watch Coordinator. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Number of people at the site • Submerged debris in water(sargassum, dead fish, flood debris, etc.) • Debris on beach (sargassum, algae, flood debris, trash, tar balls.) • Water color and water odor • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the CAPP for CA/QC purposes, the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one(or two)samples exceeds the Single Sample Maximum Density value of 104 cfu/100ml, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. Public Advisory. If the Provider is a local government,the local government will be responsible for issuing a public advisory and advisory signs must be posted. Failure to post the signs will result in immediate termination of the contract. If the Provider is not a local government,the GLO will notify the local government. The Provider may post the advisories signs if authorized by the local government. VI. DATA ENTRY The Provider through the Beach Watch Program's data entry website (https://s3.glo.texas.gov/beaches2009/login.cfm) must submit sampling results. Data must be entered into the website within one hour of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 7 of 7 occur that preclude entering the data within one hour, the Provider shall notify the Beach Watch Coordinator by any means possible. The Provider will complete a QA/QC weekly data check report and submit it to the TBW Project Manager through email by 10 am the day after results are submitted. TBW QA/QC weekly data check Date sample collection date Number of samples collected total use the email that does not have Number of samples in highlighted colors to account for field notification email dupes. List of results not entered into database. Include Date, Site ID, result, and time Missing Data collected List of results that need to be deleted. Duplicate data Include Site ID and Date VII. DELIVERABLES 1. Budget breakdown by category Due Date: 09/30/2024 2. Review Sign and Return QAPP Due Date: 10/31/2024 3. Inventory of signs. Include location and photos Due Date: 11/31/2024 4. Reimbursement requests Due Date: Monthly 5. Field Observation Forms Due Date: Monthly Vill. SPECIAL CONDITIONS 1. This project must be completed as described in this Work Plan. 2. The GLO must approve any changes in the Work Plan. 3. The GLO must approve any budget category revisions per Exhibit 3. 4. GLO and Texas Beach Watch logos, must be printed on education/outreach materials, signs, and clothing when referencing information from the Texas Beach Watch program. 5. The contractor must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in any media related communications for this project Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 1 GLO Contract No.25-018-000-E709 Page 1 of 2 EXHIBIT 1 Sampling Schedule Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 1 GLO Contract No.25-018-000-E709 Page 2 of 2 Sampling Schedule September 1,2024 through August 31,2025 Sample Week Sample Event # Sample Week Sample Event # 09/02/2024 Yes 1 03/03/2025 Yes 18 09/9/2024 Yes 2 03/10/2025 Yes 19 09/16/2024 Yes 3 03/17/2025 Yes 20 09/23/2024 Yes 4 03/24/2025 Yes 21 09/30/2024 Yes 5 03/31/2025 Yes 22 10/07/2024 Yes 6 04/07/2025 No 10/14/2024 Yes 7 04/14/2025 Yes 23 10/21/2024 Yes 8 04/21/2025 No 10/28/2024 Yes 9 04/28/2025 Yes 24 11/04/2024 Yes 10 05/05/2025 Yes 25 11/11/2024 No 05/12/2025 Yes 26 11/18/2024 Yes 11 05/19/2025 Yes 27 11/25/2024 No 05/26/2025 Yes 28 12/02/2024 Yes 12 06/02/2025 Yes 29 12/09/2024 No 06/09/2025 Yes 30 12/16/2024 Yes 13 06/16/2025 Yes 31 12/23/2024 No 06/23/2025 Yes 32 12/30/2025 No 06/30/2025 Yes 33 01/06/2025 Yes 14 07/07/2025 Yes 34 01/13/2025 No 07/14/2025 Yes 35 01/20/2025 Yes 15 07/21/2025 Yes 36 01/27/2025 No 07/28/2025 Yes 37 02/03/2025 No 08/04/2025 Yes 38 02/10/2025 Yes 16 08/11/2025 Yes 39 02/17/2025 No 08/18/2025 Yes 40 02/24/2025 Yes 17 08/26/2025 Yes 41 08/30/2025 Yes 42 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 2 GLO Contract No.25-018-000-E709 Page 1 of 3 EXHIBIT 2 Field Observation Form Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 2 GLO Contract No.25-018-000-E709 Page 2 of 3 G�N,RAL j. ryry-' ;;r m BEACH WATCH FIELD OBSERVATION . 7 .com TEXAS GENERAL LAND OFFICE e'g Date: { f Field Technician: Laboratory Recipient: Start Time Time Delivered End Time DeliveryTemperatUre Water Surface: 1-Calm 2-Ripples 3-Chop 4-Swells 5-Other Clarity: 1-Clear 2-Cloudy 3-Turbid Water Color: 1-Md. Brown 2-Dk Brown 3-Red Brown 4-Green Brown 5-Yellow Brown 6-Blue Green 7-Blue Tide: 1-High 2-Low 3-Ebb 4-Flood 5-Other Trash: 1-Light 2-Medium 3-Heavy 0-None Smell: 1-Sewage 2-Oily 3-Fishy 4-Rotten Egg 5-Other 0-None Debris: 1- Shells 2-Dead Fish 3-Dead Crabs 4-Other(See Comments) 0-None Sargassum: 1-Light 2-Medium 3-Heavy 0-None Algae/Seaweed: 1-Light 2-Medium 3-Heavy 0-None Rip Current: 1-Advisory 0- No Advisory (See Lifeguard Flags) Docusign Envelope ID:964A771 B-8452-43C3-97OB-C105F81339486 Exhibit 2 GLO Contract No.25-018-000-E709 Page 3 of 3 Field Observation r ® Water Surface: O Calm 0 Ripples 11 Chop O Swells 0 Other Smell: 0 Sewage OOily @ Fishy O Rotten Egg 0Other 0 None Clarity: 0 Clear 0 Cloudy O Tuibid Debris: 0 Shells 0 Dead Fish 0 Dead Crabs 0 other(See comments) 0 None Water Colon O Md.Brown 0 D.Brawn O Red Brown 0 Green Brown D Yellow Brown sargassurrr: 0 Light 0 Medium 0 Heavy 0 None 0 Blue Green 7.Other Rip Current: 0 Advisory 0 No Advisory(See Life guard flags) Tide. 0 High 0 Low 0 Ebb O Flood 0 Other Algae/Seaweed: 0 Light O Medium @ Heavy 0 None Trash: 0 Light B Medium 0 Heavy 0 None SAMPLE SITE BEACH SEGMENT ID 'OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑NO ❑YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP 0 ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY ppt START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY TIME Chi CRAB 0 JELLYFISH 0 WIND SPD 0 RAINFALL IaonL 0 TIME FISH 0 SMELL 0 14ATER SURF 24 HRS ❑ ft5qM& ❑ DUP TRASH 0 RIP CUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑NO ❑YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP -F ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY ppt START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY 0 TIME Cfu1 CRAB 0 JELLYFISH 0 WIND SPD RAINFALL 100nL TIME FISH 0 SMELL 0 14ATER SURF 24 HRS ❑ &q5N3Pj% ❑ DUP TRASH 0 RIP CUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGF CORRECT El NO ❑YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP 0 ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY put START ENTERO RESULTS SARGASSUM 0 BIRDS WIND DIR TURBIDITY 0 TIME &I I CRAB 0 JELLYFISH 0 WIND SPD 0 RAINFALL 140nL TIME FISH 0 SMELL 0 l4ATER SURF 24 HRS ❑ ft5qM& ❑ DUP TRASH 0 RIPCUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 1 of 10 EXHIBIT 3 TBW Administrative and Financial Guidance Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 2 of 10 TEXAS BEACH WATCH ADMINISTRATIVE &FINANCIAL GUIDANCE EPA-FUNDED PROJECTS TABLE OF CONTENTS: Pre-Contract Execution ..............................................................................................................3 WorkPlan Development............................................................................................................3 Contracting.................................................................................................................................3 Kick-Off Call .............................................................................................................................3 Post-Contract Execution.............................................................................................................4 Subrecipient Grant Agreement ..................................................................................................4 Reporting....................................................................................................................................4 ContractAmendments ...............................................................................................................4 Acknowledgement of TBW Funds............................................................................................5 Performance Monitoring, Evaluations and Risk Assessment....................................................5 SiteVisits...................................................................................................................................5 Geographic Information Systems Data Products.......................................................................5 IntellectualProperty...................................................................................................................6 AuditCompliance......................................................................................................................6 Periodof Retention....................................................................................................................6 EPA-FUNDED PROJECTS -FINANCIAL REQUIREMENTS...............................................7 GeneralRequirements.................................................................................................................7 Financial Assistance Standard Terms and Conditions...............................................................7 Invoices and Reimbursements ...................................................................................................7 Unallowablecosts......................................................................................................................8 Withholding...............................................................................................................................8 TBWBudget Categories .............................................................................................................8 Salary.........................................................................................................................................8 Fringe.........................................................................................................................................8 Travel.........................................................................................................................................8 Supplies......................................................................................................................................9 Equipment..................................................................................................................................9 Contractual-------------------------------------------------------------------------------- ---------------- ---------------.................9 Other---------------------------------------------------------------------------------------------------------------------------------------- 10 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 3 of 10 TEXAS BEACH WATCH EPA-FUNDED PROJECT ADMINISTRATIVE EXPECTATIONS Pre-Contract Execution Work Plan Development Upon notification of contract continuation in June 2024,the Texas General Land Office Texas Beach Watch program(TBW)project manager will begin working with City of Corpus to develop the work plan and budget. TBW will help ensure the project produces deliverables consistent with the BEACH Act of 2000. As part of the work plan development,the TBW project manager will work with applicants to create a detailed budget narrative.The budget narrative is a breakdown of how the project intends to spend TBW funds under each budget category. City of Corpus will only be authorized to use project funds on items included in the budget narrative. If City of Corpus would like to use project funds on an item not included in the mutually agreed upon budget narrative once the project begins,the applicant will need to first request approval from the TBW project manager. Please note, funding is not guaranteed for a TBW project until City of Corpus and TBW staff come to a mutually agreed upon work plan, budget narrative, all required supporting documentation is submitted, and a final contract is executed. If a project work plan cannot be agreed upon or if eligibility issues are uncovered during TBW staff review of the supporting documentation,the funding invitation will be withdrawn. The agreed upon work plan and budget narrative should not be altered or amended after receipt of the final funding notification to ensure timely execution of the grant award. Contracting TBW funds are available for use starting September 1,2024.However,subrecipients cannot start work on their project until the GLO contract is fully executed,meaning all GLO and subrecipient signatures are secured.The GLO will not reimburse any work that occurs prior to the contract effective date. The GLO strives to maintain uniformity and fairness in its treatment of all subrecipients. Using standard and unvarying language in contracts ensures each subrecipient is treated equitably and allows management of contracts to be streamlined and consistent. The GLO will not accept revisions to the contract or its attachments, except as necessary to correct errors or accurately reflect legal requirements and limitations. Kick-Off Call The GLO will host a kick-off call with the subrecipient in August 2024 to go over the project work plan,budget, deliverables, due dates, and project expectations prior to contract execution. Subrecipients are highly encouraged to ask questions and bring up concerns,as needed. Subrecipient kick-off call attendees should include the project manager,the financial reporter and anyone else pertinent to the success of the project. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 4 of 10 Post-Contract Execution The GLO expects the subrecipient project manager to maintain clear and open communication with the TBW project management staff throughout the grant award period.Adhering to the project's timeframe(12-months) is paramount. Subrecipient Grant Agreement TBW grant funding is provided through the issuance of a binding and enforceable contract between the subrecipient and the GLO. This contract, called a subrecipient grant agreement, sets forth the terms and conditions of the grant to the subrecipient,and includes other contract documents governing the grant,such as the approved project work plan and budget. The subrecipient is legally responsible for successfully completing each task and producing each project deliverable as specified in the approved work plan.If the funding amount approved for a task is underestimated, the subrecipient is responsible for providing any additional funding needed to complete the project as approved. Reporting TBW sample summary reports and reimbursement requests are due on or before the tenth day of the month following the reporting period. TBW sample summary reports should be completed on the provided standard template form, which includes a description of each task's status, major accomplishments for the reporting period, deliverable/milestone completion/submission dates, obstacles encountered, a description of plans for the next reporting period,and a list of personnel that worked on the grant activities during the reporting period. If a task has not started,this should be noted in the progress report. Reimbursement request requirements are detailed below in the financial requirements. Subrecipients will submit TBW sample summary reports,deliverables,and reimbursement requests to the GLO via the vendorinvoiceskglo.texas.gov and lucy.flores&glo.texas.gov monthly. Reporting frequency is determined by project and entity type.Reporting frequency requirements are denoted in the project work plan, which will be contained in Attachment A of the subrecipient grant agreement. Reimbursement requests must be submitted with progress reports every month or quarter,even if they contain a$0 request. Progress reports,deliverables and reimbursement requests should be submitted on or ahead of the date specified in the work plan. If a delay is anticipated,the subrecipient should email the TBW project manager notifying them of the impending delay. Contract Amendments Informal contract amendments are amendments that do not substantively change the project scope or outcome (e.g.,changes to deliverable and task due dates within the 12-month contract period and budget revisions that do not increase or decrease the project budget). Subrecipients must submit a written request for an informal contract amendment to the GLO independent of routine progress reports. For budget revisions that do not change the overall budget, subrecipients must submit a completed Budget Amendment form. The form is available upon request. Formal contract amendments include changes to the project scope,increases or decreases to the project budget, and extensions to the project duration beyond the 12-month contract period.For Subrecipients must submit a Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 5 of 10 written request with acceptable justification to the GLO for consideration at least 90 days prior to the expiration of the contract. Subrecipients may request a contract extension provided additional time is required for the successful completion of the project and the term of the contract does not extend beyond the Federal Award period.Note,requests will be considered on a case-by-case basis and can potentially impact future funding considerations. Subrecipients must fulfill tasks as described in the subrecipient grant agreement as projects are awarded based on the information provided in the original application. Substantive modifications to the contract tasks,budget,or deliverables may require EPA review and approval. Acknowledgement of TBW Funds Publications, materials, and permanent signage produced with grant funding must include the required acknowledgement statements as well as the EPA, GLO and TBW logos. Acknowledgement language is provided in the subrecipient grant agreement.Reports,papers,requests for proposals,and bid solicitations must provide the acknowledgement statement and the EPA,GLO and TBW logos on the front cover or title page of the document. Performance Monitoring,Evaluations and Risk Assessment To ensure compliance with expectations, GLO staff will provide the subrecipient with a "Project Monitoring and Review Timeline"at the beginning of the grant contract.The timeline will detail how TBW staff will review, audit, and assess a project's compliance during the grant and provide information on the consequences of non-compliance. Please note, adherence to this schedule can play a role in securing future grant funding. The GLO will perform quarterly project evaluations and annual risk assessments. These mechanisms will be used by GLO staff to identify contracts that may need additional monitoring and/or oversight and identify areas of risk. Additional monitoring activities may include telephone calls, meetings, desk reviews and site visits. Subrecipients will be notified in writing if non-compliance issues are identified during either the quarterly or annual reviews. Site Visits The GLO will conduct at least one site visit during the grant period for TBW projects. Subrecipients must provide the GLO or other agencies of the state or federal government reasonable access to the site for project monitoring. Geographic Information Systems Data Products Data,databases,and products associated with electronic Geographic Information Systems(GIS)that have been collected,manipulated,or purchased with TBW grant funds will be subject to all applicable terms of the Texas Administrative Code(TAC)Rule §205.10, State Agency Geographic Information Standards (texreg.sos.state.tx.us/public/readtac$sub.ListRe isg ter?p_reg_id=288527). Any GIS data to be transferred or exchanged that is collected,manipulated,or purchased with funds from this contract must be documented as specified in the Federal Geographic Data Committee's (FGDC) Content Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 6 of 10 Standard for Digital Geospatial Metadata (CSDGM). The federal metadata standard is available online at www.fadc.gov/metadata/csdgm. Any electronic spatial data collected, manipulated, or purchased with TBW grant funds and/or local match funds shall be transferred in a mutually acceptable GIS format, along with appropriate documentation. Non- spatial data deliverables (textual, spreadsheet, database, etc.) must be delivered in standard text, image, or database formats,and on mutually acceptable delivery media.All applicants are expected to comply with these guidelines.An applicant who cannot comply with these guidelines must provide a written justification detailing why an exception is warranted. Intellectual Property Subject to the rights of the federal government,the GLO will own,and the subrecipient must irrevocably assign to the GLO,all ownership right,title, and interest in and to all intellectual property acquired or developed by the subrecipient in connection with the TBW grant,including without limitation all intellectual property in and to reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed by the subrecipient in connection with the TBW grant. The GLO will have the right to obtain and to hold in its name all patents, copyrights,trademarks, service marks,registrations, or such other protection as may be appropriate to the subject matter, including extensions and renewals. Subrecipients must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas,all assistance and execute such documents,as required to perfect the intellectual property rights granted to the GLO without any additional charge or expense. Audit Compliance Subrecipients who expend$750,000 or more in federal awards during a fiscal year must obtain an annual audit and comply with audit requirements set forth in 2 C.F.R.Part 200, Subpart F. Subrecipients who are under this threshold must submit a completed Audit Reporting Form within 60 days of the end of their fiscal year. The Audit Reporting Form can be found attached to your contract. Entities, such as state agencies and institutions of higher education,subject to the statewide single audit are not required to submit the Audit Reporting Form. All Subrecipients are subject to audit.Subrecipients selected for audit must provide the GLO and other agencies of the state and federal government reasonable access to the project site and to project records.Project records and deliverables are subject to the state and federal administrative and audit regulations,including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200). Period of Retention Unless applicable federal laws or regulations specify a longer retention period, Subrecipients are required by state law to retain project files for a seven-year period following the official grant award closeout date or until final audit resolution is reached.Following closeout,subrecipients will receive a letter from the GLO specifying the period of retention for the grant award. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 7 of 10 EPA-FUNDED PROJECTS-FINANCIAL REQUIREMENTS General Requirements Financial Assistance Standard Terms and Conditions Subrecipients must comply with the Department of Commerce Financial Assistance Standard Terms and Conditions, including the Office of Management and Budget(OMB)Uniform Guidance (2 C.F.R. Part 200) and all associated Terms and Conditions. Subrecipients should refer to 2 C.F.R. § 200.101(b)(1)to determine the applicability of 2 C.F.R.Part 200 and 2 C.F.R. § 200.330 (Subrecipient and contractor determinations) through § 200.332, (Subrecipient monitoring and management).The Standard Terms and Conditions is available on the GLO website. Subrecipients should review and understand the Subrecipient grant agreement requirements and all applicable state and/or federal assurances, certifications, OMB rules,Uniform Management Grant Standards and travel rules and guidelines,including the following: • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200) • Assurances for Non-construction(SF424B)/Construction Projects (SF-424D) • Certifications regarding Debarment, Suspension, and other Responsibility Matters; Drug Free Workplace Requirements and Lobbying(CD-511) • Certifications regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Transactions(CD-512) • State of Texas Travel Guidelines (TexTravel) - https://finx.cpa.state.tx.us/fmx/travel/textravel/index.php Invoices and Reimbursements TBW is a reimbursement-based grant program.The Subrecipient is expected to make the initial outlays for the project. The GLO will only reimburse the Subrecipient for allowable,budgeted expenses. Any costs incurred prior to the effective date or after the termination or expiration of the Subrecipient grant agreement are not eligible for reimbursement unless agreed upon by the GLO and City of Corpus. Payments are directly linked to grant performance and may be withheld if project schedules are not met and/or deliverables are not submitted. Subrecipients are required to submit reimbursement requests and documentation for local and third-party match with the corresponding progress report on or before the 10th day of the month following the reporting period. Reimbursement requests should be submitted to Vendorinvoiceskglo.texas.gov, Gloria.mgMardkRlo.texas.gov and Lucy.Floreskglo.texas.gov. _If a subrecipient does not incur expenses during the reporting period, a $0 invoice should still be submitted. For the final invoice, documentation for reimbursement requests must be submitted within 60 days from the date the expense is incurred. Invoices must be submitted on the approved GLO forms. Subrecipients must include documentation that adequately supports the expenses.Documentation of direct costs must be acceptable to the GLO.Subrecipients should be set up for direct deposit for reimbursements. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 8 of 10 Unallowable costs Unallowable costs, as defined in 2 C.F.R. Part 200, Subpart E — Cost Principles, are ineligible for reimbursement Unallowable costs include, but are not limited to, costs related to alcohol, contingency, entertainment,fundraising, sponsorship,tips,and any staff or program not directly related to TBW activities. The reimbursement of administrative costs is prohibited. Withholding To ensure completion of the project in accordance with the subrecipient grant agreement, the GLO may withhold an amount equal to five percent (5%) of the budget. Final disbursement will occur upon project completion and submission of final deliverables. End of year balance If at the end of the contract there is a surplus of funds in the City of Corpus designated TBW account. All funds must be used on TBW related expenses with GLO approval in preparation for the new year.The use of surplus funds may be used for the purchase of a TBW program vehicle,TBW vehicle maintenance,scientific equipment,supplies,etc. TBW Budget Categories Salary Salary includes the wages of the subrecipient's personnel working directly on the project.For reimbursement documentation, subrecipients are required to submit time sheets or another form of documentation from the payroll system for all subrecipient staff paid by the grant upon GLO request.Documentation must be acceptable to the GLO. Fringe Fringe benefits include allowances and services provided to employees by the subrecipient as compensation in addition to regular salaries and wages. Fringe benefits should be limited to no more than 35% of individual salaries and wages. For reimbursement documentation, subrecipients are required to submit time sheets or another form of documentation from the payroll system for all subrecipient staff paid by the grant upon GLO request.Documentation must be acceptable to the GLO. Travel Travel costs include expenses for transportation,lodging,subsistence, and related items incurred by employees traveling for project-related purposes. Subrecipients must claim actual expenses for travel not to exceed the maximum allowable rates. Reimbursement of per diem rates is not permitted. Itemized receipts and proof of payment must be submitted for reimbursement documentation upon GLO request. Reimbursement for lodging,travel,and other incidental direct expenses must be limited to the rates established in the Texas Administrative Code and the State of Texas travel guidelines, Textravel.Additional information is available at htt2s:Hfinx.0a.state.tx.us/finx/travel/textraveF. Lodging and meal reimbursement must not exceed the allowable U.S.General Services Administration per diem rates at https://www.gsa.gov/travel/plan- Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 9 of 10 book/per-diem-rates. Mileage rates must not exceed the allowable State rate at htips:Hfinx.cpa.state.tx.us/finx/travel/textraveFrates/current.phn. Travel-related expenses to attend specific meetings, conferences or events must be included in the subrecipient's mutually agreed upon budget narrative. If not included in the original budget narrative, the subrecipient must submit an acceptable justification and receive the TBW project manager's written approval prior to the travel. Grant funds should only be spent on travel necessary to complete the goals and deliverables delineated in the project work plan.Travel should occur within Texas.Grant funds may be used to travel to one(1)out-of-state conference,meeting, or workshop. Out-of-state travel is limited to the contiguous United States and must be strongly justified and approved by the TBW project manager. Supplies Supplies include all personal property with an acquisition cost of less than $5,000 per unit. Supplies must be purchased during the contract period for the purpose of implementing the project unless prior GLO approval was attained. Subrecipients must comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement o be Followed when procuring supplies. Itemized receipts and proof of payment are required as reimbursement documentation. Equipment Equipment includes tangible,non-expendable personal property with a useful life of more than one year and an acquisition cost of more than$5,000 per unit. Subrecipients must comply with 2 C.F.R.,Part 200,Sec. 320 Methods of Procurement to be Followed when procuring equipment. Subrecipients are prohibited from purchasing equipment not included as a reimbursable item in the subrecipient grant agreement. Subrecipients must perform a lease versus purchase analysis to ensure it's more cost efficient to purchase the equipment rather than lease. Written approval must be received from TBW staff before an equipment purchase can be initiated.Itemized receipts and proof of payment are required as reimbursement documentation. Subrecipients must retain title to, and possession of equipment purchased with grant funding unless the equipment is transferred to the GLO,upon written request by the GLO. The final request for reimbursement must include a list of all equipment purchased as part of the project,including the name of the manufacturer, the model number, and the serial number. Disposition of equipment must follow state and federal audit regulations. Contractual The contractual category includes all subrecipient subcontracts required,as determined by the subrecipient,to implement the project. This budget category would include "professional services" as defined in Texas Government Code Chapter 2254 (i.e., architects, landscape architects, land surveying, land appraisers), engineering contracts, construction contracts and university subawards. Per the TBW subrecipient grant agreement, these subrecipient subcontracts must comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement to be Followed when procuring contractual services. Competitive bidding procedures must be followed as required and in all other cases when possible.Per State law,architectural and engineering services cannot be competitively bid and must be acquired using a Request for Qualifications. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 10 of 10 Subrecipients must provide the GLO with a copy of each subcontract agreement and any subsequent amendments, including agreements with third-parry contributors, within 10 business days after execution. Subrecipients must submit invoices and proof of payment(e.g.,canceled checks or copies of bank statements) as reimbursement and match documentation. A competitive bid process is required to establish a subcontract under the following circumstances: • <$50,000: no Request for Proposals/Qualifications required • >$50,000: Competitive Request for Proposals/Qualifications must be obtained from a minimum of 3 bidders for state agencies and state universities,state procurement rules apply,even when using federal funds(2 CFR 200.317).Applicable thresholds include: • <$10,000-no Request for Proposals/Qualifications required-Can issue purchase order directly to vendor. • <$25,000-informal Request for Proposals/Qualifications process required • >$25,000- formal Request for Proposals/Qualifications process required Other Costs include any anticipated purchases excluded from all other budget categories, including printing, registration fees,equipment rental, student tuition,fleet vehicle use and volunteer time. Subrecipients must include itemized receipts or invoices for budgeted expenses and documentation (e.g., canceled checks or copies of bank statements)verifying the subrecipient has paid all invoices submitted for reimbursement or as match. Vendor/Service Contracts: Vendors or goods and service contracts should be budgeted under the Other category.While not required per the TBW subrecipient grant agreement,these contractors should attempt to comply with 2 C.F.R.,Part 200,Sec.320 Methods of Procurement to be Followed,when possible,and adhere to the thresholds list in the Contractual section above. Subrecipients must provide the GLO with a copy of each vendor/service contract agreement and any subsequent amendments, including agreements with third-parry contributors, within 10 business days after execution. Subrecipients must submit invoices and proof of payment(e.g.,canceled checks or copies of bank statements) as reimbursement and match documentation. Computers and Computer Software: Subrecipients are prohibited from purchasing computer software not included as a reimbursable item in the subrecipient grant agreement. Computers, accessories, and computer software cannot be purchased within the final three(3)months of a grant award. Salary and Tuition: Subrecipients may request reimbursement for both salary and/or wages and tuition costs earned by the same student working directly on the project. Indirect and Allocated Direct Costs Indirect and Allocated Direct costs include the costs of continuing operation as established by the Negotiated Indirect Cost Rate Agreement(NICRA)and the Cost Allocation Plan(CAP). Reimbursement of these costs is prohibited. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment B GLO Contract No.25-018-000-E709 Page 1 of 6 ASSURANCES—NON-CONSTRUCTION PROGRAMS OMB Approval No.4040-0007 Expiration Date: 02/28/2025 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, prohibits discrimination on the basis of handicaps; (d) the and the institutional, managerial and financial capability Age Discrimination Act of 1975, as amended (42 U.S.C.§§6101-6107), which prohibits discrimination on the basis (including funds sufficient to pay the non-Federal share of age; (e) the Drug Abuse Office and Treatment Act of of project cost) to ensure proper planning, management 1972 (P.L. 92-255), as amended, relating to and completion of the project described in this application. nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism 2. Will give the awarding agency, the Comptroller General Prevention, Treatment and Rehabilitation Act of 1970 of the United States and, if appropriate, the State, (P.L. 91-616), as amended, relating to nondiscrimination through any authorized representative, access to and on the basis of alcohol abuse or alcoholism; (g) §§523 the right to examine all records, books, papers, or and 527 of the Public Health Service Act of 1912 (42 documents related to the award; and will establish a U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating proper accounting system in accordance with generally to confidentiality of alcohol and drug abuse patient accepted accounting standards or agency directives. records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to 3. Will establish safeguards to prohibit employees from nondiscrimination in the sale, rental or financing of using their positions for a purpose that constitutes or housing; (i) any other nondiscrimination provisions in the presents the appearance of personal or organizational specific statute(s) under which application for Federal conflict of interest,or personal gain. assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s)which may apply to 4. Will initiate and complete the work within the applicable the application. time frame after receipt of approval of the awarding agency. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation 5. Will comply with the Intergovernmental Personnel Act of Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed 1970 (P.L. 91-646) which provide for fair and equitable standards for merit systems for programs funded under treatment of persons displaced or whose property is one of the 19 statutes or regulations specified in acquired as a result of Federal or federally-assisted Appendix A of OPM's Standards for a Merit System of programs. These requirements apply to all interests in Personnel Administration (5 C.F.R. 900, Subpart F). real property acquired for project purposes regardless of Federal participation in purchases. 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: 8. Will comply, as applicable, with provisions of the Hatch (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit which prohibits discrimination on the basis of race, color the political activities of employees whose principal or national origin; (b) Title IX of the Education employment activities are funded in whole or in part with Amendments of 1972, as amended (20 U.S.C. §§1681- Federal funds. 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.§794), which Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB CircularA-102 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment B GLO Contract No.25-018-000-E709 Page 2 of 6 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and §§327-333) regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C. §§469a-1 et seq.). 10.Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234) which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order (EO) 11514; (b) notification of violating Prevention Act (42 U.S.C. §§4801 et seq.) which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 17. Will cause to be performed the required financial and program developed under the Coastal Zone Management compliance audits in accordance with the Single Audit Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Act Amendments of 1996 and OMB Circular No. A-133, Federal actions to State (Clean Air) Implementation Plans "Audits of States, Local Governments, and Non-Profit under Section 176(c) of the Clean Air Act of 1955, as Organizations." amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 award recipients or a sub-recipient from (1) Engaging in U.S.C. §§1271 et seq.) related to protecting components or severe forms of trafficking in persons during the period potential components of the national wild and scenic rivers of time that the award is in effect (2) Procuring a system. commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED City of Corpus Christi SF-424B(Rev.7-97)Back Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment B GLO Contract No.25-018-000-E709 Page 3 of 6 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants,Loans, and Cooperative Agreements: The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee 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. (2)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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states, to the best of his or her knowledge and belief, that: If any 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 this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME City of Corpus Christi 25-018-000-E709 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment B GLO Contract No.25-018-000-E709 Page 4 of 6 Disclosure of Lobbying Activities OMB Number:4040-0013 Complete this form to disclose lobbying activities pursuant to 31 U.S.C_ 1352 Expiration Date:02/28/2025 (See reverse for public burden disclosure) 1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: a.contract a.bid/offer/application a.initial filing b.grant b_initial award b.material change c.cooperative agreement c_post-award d.loan e.loan guarantee f.loan insurance 4. Name and Address of Reporting Entity: Prime Subawardee *Name: *Street 1: Street 2: *City: State: Zip: 5. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of Prime: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number,ifknown: 9. Award Amount, ifknown: 10. a.Name and Address of Lobbying Registrant Prefix *First Name Middle Name *Last Name Suffix *Street 1: Street 2: *City: State: Zip: b.Individuals Performing Services(including address if different from No. IOa) Prefix *First Name Middle Name *Last Name Suffix *Street 1: Street 2: *City: State: Zip: 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported to the Congress semi-annually and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not lessthan$10,000 and not more than$100,000 for each such failure. *Signature: *Name: Prefix *First Name Middle Name *Last Name Suffix Title: Telephone No.: Date: Authorized for Local Reproduction Federal Use Orily: Standard Form-LLL(Rev.7-97) Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F8B39486 Attachment B GLO Contract No.25-018-000-E709 Page 5 of 6 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action, or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action.Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. Federal Agency Form Instructions Form Identifiers Information Agency Owner Grants.gov Form Name Disclosure of Lobbying Activities(SF-LLL) Form Version Number 2.0 OMB Number 4040-0013 OMB Expiration Date 02/28/2025 Field Field Name Required or Information Number Optional 1. *Type of Federal Required Identify the type of covered Federal action for which lobbying activity is and/or has been Action: secured to influence the outcome of a covered Federal action.This field is required. 2. *Status of Federal Required Identify the status of the covered Federal action.This field is required. Action 2-a. a.Bid/Offer/ Check if Click if the Status of Federal Action is a bid,an offer or an application. Application applicable 2-b. b. Initial Award Check if Click if the Status of Federal Action is an initial award. applicable 2-c. c.Post-Award Check if Click if the Status of Federal Action is a post-award. applicable 3.0 *Report Type Required Identify the appropriate classification of this report. 3-a. a.Initial filing Check if Check if Initial filing. applicable 3-b. b. Material change Check if If this is a follow up report caused by a material change to the information previously reported, applicable enter the year and quarter in which the change occurred.Enter the date of the previously submitted report by this reporting entity for this covered Federal action.This field is required. Material Change Conditionally If this is a follow up report caused by a material change to the information previously Year Required reported,enter the year in which the change occurred. Material Change Conditionally If this is a follow up report caused by a material change to the information previously Quarter Required reported,enter the quarter in which the change occurred. Material Change Conditionally Enter the date of the previously submitted report by this reporting entity for this covered Date of Last Required Federal action. Report 4. Name and Address Required Provide the information for Name and Address of Reporting Entity. of Reporting Entity Prime Check if Click to designate the organization filing the report as the Prime Federal recipient. applicable Subawardee Check if Click to designate the organization filing the report as the SubAwardee Federal recipient.Sub- applicable awards include but are not limited to subcontracts,subgrants and contract awards under grants. Tier if known: Optional Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Name Required Enter the name of reporting entity.This field is required Street 1 Required Enter Street 1 of the reporting entity.This field is required. Street 2 Optional Enter Street 2 of the reporting entity. City Required Enter City of the reporting entity This field is required. State Required Enter the state of the reporting entity.This field is required ZIP Required Enter the ZIP of the reporting entity.This field is required Congressional Optional Enter the primary Congressional District of the reporting entity.Enter in the following format: District,if known 2 character state abbreviation—3 characters district number,e.g.,CA-005 for California 5th district,CA-012 for California 12th district,NC-103 for North Carolina's 103rd district. 5. If Reporting Entity in Conditionally If Reporting Entity in No.4 is Subawardee,provide the information for the Name and Address No.4 is Subawardee, Required of Prime Enter Name and Address of Prime Name Required If the organization filing the report in item 4,checks"Subawardee",enter the full name of the prime Federal recipient. Street 1 Required If the organization filing the report in item 4,checks"Subawardee",enter the address of the prime Federal recipient. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F8B39486 Attachment B GLO Contract No.25-018-000-E709 Page 6 of 6 Street 2 Optional If the organization filing the report in item 4,checks"Subawardee",enter the address of the prime Federal recipient. City Required If the organization filing the report in item 4,checks"Subawardee",enter the city of the prime Federal recipient. State Required If the organization filing the report in item 4,checks"Subawardee",select the appropriate state from this pull down menu. ZIP Required Enter the ZIP of Prime.This field is required Congressional Optional Enter the Congressional District of Prime.Enter in the following format:2 character state District,if known abbreviation—3 characters district number,e.g.,CA-005 for California 5th district,CA-012 for California 12th district,NC-103 for North Carolina's 103rd district. 6. Federal Department Required Enter the name of the Federal Department or Agency making the award or loan commitment. /Agency This field is required. 7. CFDA Number: Required Enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.Pre-populated from SF-424 if using Grants.gov. CFDA Title: Required Enter the Federal program name or description for the covered Federal action.Pre-populated from SF-424 if using Grants.gov. 8. Federal Action Optional Enter the most appropriate Federal identifying number available for the Federal action, Number identified in item 1(e.g.,Request for Proposal(RFP)number,invitation for Bid(IFB)number, grant announcement number,the contract,grant,or loan award number,the application/ proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90- 001". 9. Award Amount Optional For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment of the prime entity identified in item 4 or 5. 10.a. Name And Address Required Provide the information for the Name and Address of Lobbying Registrant. of Lobbying Registrant Prefix Optional Enter the prefix(e.g.,Mr.,Mrs., Miss),if appropriate,for the Lobbying Registrant. First Name Required Enter the first name of Lobbying Registrant.This field is required. Middle Name Optional Enter the middle name of Lobbying Registrant. Last Name Required Enter the last name of Lobbying Registrant.This field is required. Suffix Optional Enter the suffix(e.g.,Jr.Sr.,PhD),if appropriate,for the Lobbying Registrant. Street 1 Required Enter the first line of street address for the Lobbying Registrant. Street 2 Optional Enter the second line of street address for the Lobbying Registrant. City Required Enter the city of the Lobbying Registrant. State Required Select the appropriate state of the Lobbying Registrant. ZIP Code Required Enter the Zip Code(or ZIP+4)of the Lobbying Registrant. 10.b. Individual Required Provide the information for Individual Performing Services Performing Services Prefix Optional Enter the prefix(e.g.,Mr.,Mrs., Miss),if appropriate,for the Individual Performing Services. First Name Required Enter the first name of the Individual Performing Services.This field is required. Middle Name Optional Enter the middle name of the Individual Performing Services. Last Name Required Enter the last name of the Individual Performing Services.This field is required. Suffix Optional Enter the suffix(e.g.,Jr.Sr.,PhD),if appropriate,for the Individual Performing Services. Street 1 Required Enter the first line of street address for the Individual Performing Services. Street 2 Optional Enter the second line of street address for the Individual Performing Services. City Required Enter the city of the Individual Performing Services. State Required Select the state for the address of the Individual Performing Services from this pull down menu. ZIP Code Required Enter the Zip Code(or ZIP+4)of the Individual Performing Services. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 4040-0013. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project,Washington,DC 20503. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 1 of 10 GENERAL AFFIRMATIONS TO THE EXTENT APPLICABLE, Performing Agency affirms and agrees to the following, without exception: 1. Performing Agency represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Performing Agency nor the firm, corporation, partnership, or institution represented by Performing Agency, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Performing Agency.* 2. Performing Agency shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the GLO. Any attempted assignment or delegation in violation of this provision is void and without effect. This provision does not apply to subcontracting. 3. If the Contract is for services, Performing Agency shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts, but for contracts subject to 2 CFR 200, only to the extent such compliance is consistent with 2 CFR 200.319. 4. Under Section 231.006 of the Family Code, the vendor or applicant [Performing Agency] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate, in addition to other remedies set out in Section 231.006(f) of the Family Code.* 5. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Performing Agency certifies it has submitted this information to the GLO.* 6. If the Contract is for a "cloud computing service" as defined by Texas Government Code Section 2157.007, then pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Performing Agency represents and warrants that it complies with the requirements of the state risk and authorization management program and Performing Agency agrees that throughout the term of the Contract it shall maintain its certifications and comply with the program requirements in the performance of the Contract. 7. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Performing Agency certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 8. If the Contract authorizes Performing Agency to access, transmit, use, or store data for the GLO, then in accordance with Section 2054.138 of the Texas Government Code, *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 2 of 10 Performing Agency certifies that it will comply with the security controls required under this Contract and will maintain records and make them available to the GLO as evidence of Performing Agency's compliance with the required controls. 9. Performing Agency represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 10. Performing Agency agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed by Performing Agency to the State of Texas. 11. Upon request of the GLO, Performing Agency shall provide copies of its most recent business continuity and disaster recovery plans. 12. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Performing Agency certifies that it does not employ an individual who has been employed by the GLO or another agency at any time during the two years preceding the Performing Agency's submission of its offer to provide consulting services to the GLO or, in the alternative Performing Agency, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.` 13. If the Contract is not for architecture, engineering, or construction services, then except as otherwise provided by statute, rule, or regulation, Performing Agency must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY PERFORMING AGENCY. 14. If the Contract is for architecture, engineering, or construction services, then subject to Texas Government Code Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Performing Agency shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY PERFORMING AGENCY. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if Performing Agency's claim for breach of contract cannot be resolved by the Parties in the ordinary course of business, Performing Agency may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against Performing Agency as is contemplated by Texas *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 3 of 10 Government Code, Chapter 2260, Subchapter B. In such event, Performing Agency must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount Performing Agency seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with Performing Agency in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the Parties shall reduce the agreement or settlement to writing and each Party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a Party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the Parties agree in writing to an extension of time, the Parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is Performing Agency's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the Parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity, or, if applicable, the governmental immunity of Performing Agency. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas or Performing Agency. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas or, if applicable, of Performing Agency under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. Performing Agency does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Performing Agency: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 4 of 10 15. If Chapter 2271 of the Texas Government Code applies to this Contract, Performing Agency verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.* 16. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Performing Agency understands that all obligations of the GLO under this Contract are subject to the availability of funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 17. Performing Agency certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. 18. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Performing Agency certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 19. Performing Agency represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 20. Pursuant to Section 2155.004(a) of the Texas Government Code, Performing Agency certifies that neither Performing Agency nor any person or entity represented by Performing Agency has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Performing Agency certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Performing Agency from providing free technical assistance.* 21. Performing Agency represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.* 22. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Performing Agency represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Performing Agency further represents and warrants that if a former employee of the GLO was employed by Performing Agency within one year of the employee's leaving the GLO, then such employee will not *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 5 of 10 perform services on projects with Performing Agency that the employee worked on while employed by the GLO.* 23. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to any Party. 24. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PERFORMING AGENCY, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF PERFORMING AGENCY OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT_ THE DEFENSE SHALL BE COORDINATED BY PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 25. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PERFORMING AGENCY, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO PERFORMING AGENCY'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE PERFORMING AGENCY OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO PERFORMING AGENCY, OR ANY OTHER ENTITY OVER WHICH PERFORMING AGENCY EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 6 of 10 LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 26. TO THE EXTENT ALLOWED BY LAW, PERFORMING AGENCY SHALL DEFEND, INDEMNIFY,AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF PERFORMING AGENCY PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR PERFORMING AGENCY'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY PERFORMING AGENCY OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF PERFORMING AGENCY'S PERFORMANCE UNDER THE CONTRACT. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. PERFORMING AGENCY SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, PERFORMING AGENCY WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF PERFORMING AGENCY OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND PERFORMING AGENCY WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL.* 27. Performing Agency has disclosed in writing to the GLO all existing or known potential conflicts of interest relative to the performance of the Contract. 28. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Performing Agency certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 7 of 10 acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 29. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Performing Agency and legally empowered to contractually bind Performing Agency to the terms and conditions of the Contract and related documents. 30. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Performing Agency shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.* 31. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Performing Agency shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 32. Performing Agency certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 33. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Performing Agency certifies its compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 34. Pursuant to Section 572.069 of the Texas Government Code, Performing Agency certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Performing Agency within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 35. The GLO shall post this Contract to the GLO's website. Performing Agency understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 8 of 10 other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Performing Agency is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdf') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Performing Agency believes to be excepted from disclosure as "confidential" or a "trade secret," Performing Agency waives any and all claims it may make against the GLO for releasing such information without prior notice to Performing Agency. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Performing Agency shall notify the GLO's Office of General Counsel within twenty-four(24) hours of receipt of any third-party written requests for information and forward a copy of said written requests to PIALegalkglo.texas.gov. If a request for information was not written, Performing Agency shall forward the third party's contact information to the above-designated e-mail address. 36. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Performing Agency must report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO in the manner prescribed by the GLO's website, http:Hglo.texas.gov. 37. If Performing Agency, in its performance of the Contract, has access to a state computer system or database, Performing Agency must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Performing Agency must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Performing Agency must verify in writing to the GLO its completion of the cybersecurity training program. 38. Under Section 2155.0061, Texas Government Code, Performing Agency certifies that the entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 39. Performing Agency certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Performing Agency's business. Performing Agency acknowledges that such a vaccine or recovery requirement would make Performing Agency ineligible for a state-funded contract. 40. Pursuant to Government Code Section 2275.0102, Performing Agency certifies that neither it nor its parent company, nor any affiliate of Performing Agency or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2275.0103, or(2)headquartered in any of those countries.* 41. If Performing Agency is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Performing Agency verifies that Performing Agency does not boycott energy companies and will not boycott energy companies during the term of the *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 9 of 10 Contract. If Performing Agency does not make that verification, Performing Agency must notify the GLO and state why the verification is not required.* 42. If Performing Agency is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Performing Agency verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a "firearm entity" or "firearm trade association" as those terms are defined in Texas Government Code section 2274.001 and (2) will not discriminate during the term of the Contract against a firearm entity or firearm trade association. If Performing Agency does not make that verification, Performing Agency must notify the GLO and state why the verification is not required.* 43. If Performing Agency is a "professional sports team" as defined by Texas Occupations Code Section 2004.002, Performing Agency will play the United States national anthem at the beginning of each team sporting event held at Performing Agency's home venue or other venue controlled by Performing Agency for the event. Failure to comply with this obligation constitutes a default of this Contract, and immediately subjects Performing Agency to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Performing Agency may be debarred from contracting with the State. The GLO or the Attorney General may strictly enforce this provision.* 44. To the extent Section 552.371 of the Texas Government Code applies to Performing Agency and the Contract, in accordance with Section 552.372 of the Texas Government Code, Performing Agency must (a) preserve all contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO for the duration of the Contract, (b) no later than the tenth business day after the date of the GLO's request, provide to the GLO any contracting information related to the Contract that is in Performing Agency's custody or possession, and (c) on termination or expiration of the Contract, either (i)provide to the GLO at no cost all contracting information related to the Contract that is in Performing Agency's custody or possession or (ii) preserve the contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the Contract and Performing Agency agrees that the Contract may be terminated if Performing Agency knowingly or intentionally fails to comply with a requirement of that subchapter.* 45. If the Contract is for consulting services governed by Chapter 2254 of the Texas Government Code, Performing Agency, upon completion of the Contract, must give the GLO a compilation, in a digital medium agreed to by the Parties, of all documents, films, recordings, or reports Performing Agency compiled in connection with its performance under the Contract.* 46. If subject to 2 CFR 200.216, Performing Agency shall not obligate or expend funding provided under this Contract to: (a) procure or obtain; (b) extend or renew a contract to procure or obtain; or (c) enter into a contract to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services, as defined in Public Law 115-232, Section 889, as a substantial or essential component of any system, or as critical technology as part of any system. 47. To the extent Texas Government Code Chapter 2252, Subchapter G applies to the Contract, any iron or steel product Performing Agency uses in its performance of the Contract that is *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 10 of 10 produced through a manufacturing process, as defined in Section 2252.201(2) of the Texas Government Code, must be produced in the United States. *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB DocuSign Certificate Of Completion Envelope Id: 964A771 B845243C3970BC105F81339486 Status: Sent Subject: RUSH$140k New Contract:25-018-000-E709 City of Corpus Christi(Texas GLO) Source Envelope: Document Pages:56 Signatures: 0 Envelope Originator: Certificate Pages:3 Initials: 8 Clay Sebek AutoNav: Enabled 1700 Congress Ave Envelopeld Stamping: Enabled Austin,TX 78701 Time Zone: (UTC-06:00)Central Time(US&Canada) Clay.Sebek@glo.texas.gov IP Address: 99.190.128.57 Record Tracking Status: Original Holder: Clay Sebek Location: DocuSign 7/22/2024 1:14:25 PM Clay.Sebek@glo.texas.gov Signer Events Signature Timestamp Andres Dura Sent:7/23/2024 11:37:40 AM Andres.Dura@GLO.Texas.gov Viewed: 7/23/2024 11:40:18 AM Attorney Signed:7/23/2024 11:42:16 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IPAddress:204.65.210.201 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lucy Flores �—DS Sent:7/23/2024 11:42:19 AM Iucy.flores@glo.texas.gov Viewed: 7/23/2024 11:46:20 AM Texas General Land Office Signed:7/23/2024 11:46:34 AM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IPAddress:204.65.210.236 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jason Pinchback Els Sent:7/23/2024 11:46:37 AM jason.pinchback@glo.texas.gov Viewed: 7/23/2024 11:47:06 AM Texas General Land Office Signed:7/23/2024 11:50:32 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IPAddress:204.65.210.243 Electronic Record and Signature Disclosure: Not Offered via DocuSign Natalie Bell DS Sent:7/23/2024 11:50:37 AM Natalie.Bell@glo.texas.gov Viewed: 7/23/2024 11:54:34 AM Texas General Land Office Signed:7/23/2024 11:54:41 AM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IPAddress:204.65.210.250 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Angela Sunley °S Sent:7/23/2024 11:54:43 AM angela.sunley@glo.texas.gov Viewed: 7/23/2024 11:55:13 AM Sr. Director Signed:7/23/2024 11:55:19 AM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address:204.65.210.245 Electronic Record and Signature Disclosure: Not Offered via DocuSign David Green DS Sent:7/23/2024 11:55:22 AM david.green@glo.texas.gov Viewed: 7/23/2024 11:56:49 AM Legal Services Signed:7/23/2024 11:56:59 AM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption:Uploaded Signature Image (None) Using IPAddress:204.65.210.65 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marc Barenblat EDS Sent:7/23/2024 11:57:03 AM marc.barenblat@glo.texas.gov Viewed: 7/23/2024 12:42:37 PM Deputy General Counsel Signed:7/23/2024 3:09:49 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IPAddress:204.65.210.205 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff Gordon E�DS Sent:7/23/2024 3:09:52 PM jeff.gordon@glo.texas.gov Viewed: 7/23/2024 4:34:41 PM General Counsel Signed:7/23/2024 4:34:46 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IPAddress:204.65.210.195 Electronic Record and Signature Disclosure: Not Offered via DocuSign Dr. Fauzia Khan Sent:7/23/2024 4:34:50 PM Fauziak@cctexas.com Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer G.Jones Jennifer.Jones@glo.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 Clay Sebek � Sent:7/23/2024 11:37:38 AM clay.sebek@glo.texas.gov ED Team Lead,General Contracts Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMD Drafting Request Sent:7/23/2024 11:37:38 AM draftingrequests@GLO.TEXAS.GOV COPIED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride Sent:7/23/2024 11:37:39 AM kelly.mcbride@glo.texas.gov Director of CMD Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lance White Sent:7/23/2024 11:37:39 AM lance.white@glo.texas.gov ED Manager,Contracts Management Division Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Denzel Otokunrin � Sent:7/23/2024 4:34:49 PM denzel@cctexas.com ED Viewed: 7/23/2024 4:38:02 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Payton Ray payton.ray@glo.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 7/23/2024 11:37:39 AM Payment Events Status Timestamps BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with City of Corpus Christi (Provider) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Beach Watch Coordinator Lucy Flores Texas General Land Office P. O. Box 12873 Austin,Texas 78711-2873 (512)463-5134 lucy.flores@glo.texas.gov I. QUALITY ASSURANCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Provider must adhere to the QAPP. The Project Manager is required to download and read the document and return the signature page (Appendix D of the QAPP) to the GLO Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP, the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com. II. SAMPLING STATIONS AND SCHEDULE. All samples shall be collected in accordance with the Procedures for Providers set forth below and in the QAPP. Sampling Stations. The Provider shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Provider shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, for Aransas County, Nueces County, and San Patricio County shall be collected by Corpus Christi-Nueces County Public Health District over 42 sampling weeks between September 1, 2024 and August 31, 2025. Sampling Depth. The Texas Beach Watch Program will sample at a depth of approximately two feet(-2 ft.) or knee depth. The two-foot sampling depth will apply unless: • The majority of recreational activity occurs at a depth significantly different than two feet. If this occurs samples may be collected at the location of greatest swimmer activity; or • The two-foot sampling depth occurs more than 50 meters from shore. If the two-foot sampling depth occurs more than 50 meters from the shore,samples may be collected at 50 meters from shore or at the location of greatest swimmer activity. The distance shall be measured from the approximate water line at the time of sampling. Sampling Schedule. Exhibit 1 lists the weeks when sampling will be conducted. Tuesday is the preferred sample collection day. Monday and Wednesday are alternate sample collection days. This schedule BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three-day period; however, prior approval from the Beach Watch Coordinator is required. III. LABORATORY TESTING The Provider will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using mem bra ne-Enterococcus Indoxyl-$-D-Glucoside Agar (mEl) Dec 2009 (https://www.epa.Kov/sites/default/files/2015-08/documents/method 1600 2009.pdf or the IDEXX EnterolertT"°system. The local contractor or designated laboratory shall have a Quality Assurance/Quality Control (QA/QC) Plan. Plans approved by other entities (state/federal/commercial) and adopted by the Provider may be considered. Upon execution of this Contract, the Provider shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail) for the laboratory, if separate from the Provider. If the Provider is tasked with preparing water samples collected for QPCR analysis,the Provider will follow the following steps. PRE-PROCESSING OF WATER SAMPLES FOR QUANTITATIVE PCR* 1.0 Laboratory Organization, Equipment, and Supplies 1.1 Disposable membrane filtration units (filter base, polycarbonate filter [0.4 [tm] with 47 mm diameter, and 100 mL capacity funnel), individually bagged, and gamma-irradiated (Pall MicroFunnelsTM filter funnels FMFNL1050 or equivalent) 1.2 Line vacuum, electric vacuum pump, or aspirator for use as a vacuum source. In an emergency or in the field, a hand pump or a syringe equipped with a check valve to prevent the return flow of air can be used. 1.3 Flask, filter, vacuum, usually 1 L, with appropriate tubing 1.4 Filter manifold to hold a number of filter bases 1.5 Flask for safety trap placed between the filter flask and the vacuum source 1.6 Polycarbonate membrane filters,white,47 mm diameter,with 0.45 µm pore size (Millipore HTTP04700 or equivalent). Note: These filters will not be needed if Pall MicroFunnelsTm filter funnels FMFNL1050(See 1.1) are used because polycarbon ate membrane filters are supplied with funnel assembly. 1.7 Stainless steel forceps, straight or curved, with smooth tips to handle filters without damage, 2 pairs 1.8 Permanent ink marking pen for labeling tubes 1.9 Optional:Glass filter assembly to be used in conjunction with item 1.6 or use item 1.1 to replace both of these. Assembly consists of filter base that connects to item 1.4, glass funnel and locking clamp to hold the two together. 1.10 Sterile transfer pipette. 1.11 Sterile, DNA-and DNase-free 5 mL plastic tubes (Qiagen 30122348 or equivalent) 1.12 Freezer, -20°C or-80°C (storage of filters); if-20°C freezer used, make sure it is a manual defrost freezer. 2.0 Reagents and Standards BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1,2024 to August 31,2025 2.1 PCR-grade water(OmniPur water [VWR EM-9610 or equivalent]). Water must be DNA/DNase free. 3.0 Procedure 3.1 Environmental water sample filtration and method blank(MB) preparation Note:100 mL of each environmental water sample is the preferred amount to be filtered, minimum of 50 mL is acceptable. One MB sample should also be filtered with every batch of environmental water samples. The MB should be processed after environmental water samples for each of the steps described below. 3.1.1 Place a fresh membrane filtration funnel assembly(Section 1.1) on the filter base or a clean filter assembly (Section 1.9). Note:If using a disposable filtration unit, confirm that the unit contains the correct filter type—replace if necessary. (Section 1.6) 3.1.2 Shake the environmental water sample bottle vigorously 25 times to distribute the bacteria uniformly, and measure 100 mL of the environmental water sample using the graduated markings on the funnel or a sterile transfer pipette. Filter sample. Note:If less than 100 mL of sample is available or if filter clogs, record actual volume filtered on sample form. 3.1.3 After filtering the sample, turn off the vacuum. 3.1.4 Label a storage tube (Section 1.11)to identify environmental water sample. Remove the funnel from the filter base. Using sterile forceps,fold filter into a cylinder with the sample side facing inward, being careful to handle the filter only on the edges,where the filter has not been exposed to the environmental water sample. Insert the rolled filter into the labeled storage tube. Note: If using a reusable glass filter assembly, it will need to be sterilized between samples. To do this, place the glass funnel upside down on a ceramic tile and apply a generous amount of isopropyl alcohol or ethanol to the funnel and the filtration base. Allow the a few seconds of contact time and then light the alcohol with a flame and using metal tongs or forceps lift the funnel to ensure all the surface area has contact with the flame and is sterilized. Once the flame has extinguished and the assembly has cooled it, is ready for use. 3.1.5 Filter the remaining environmental water samples and place filters in labeled storage tubes (Section 3.1.4). Filter MB samples (100 mL PCR-grade water, Section 2.1) and place filters in labeled storage tubes (Section 3.1.4). 3.1.6 Store tubes containing folded filters at-80°C(-20°C manual defrost freezer okay) until shipment to lab for DNA extraction and purification. *Procedures adapted from: USEPA(2019) Method 1696: Characterization of Human Fecal Pollution in Water by HF183/BacR287 TagMan° Quantitative Polymerase Chain Reaction (gPCR) Assay. EPA 821- R19-002. Washington, DC. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Provider: BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer • Sample bottles—The bacteriological samples will be collected in polypropylene bottles at least 125 milliliters (ml) but no more than 1000 ml to allow for adequate sample mixing. Polypropylene bottles are recommended as they may be autoclaved and will keep sample costs down. • Ice to keep samples cool • Labels for sample bottles (Use waterproof adhesive labels.) • Black indelible marker to label samples • All paperwork including but not limited to Chain of Custody forms and Field Observation Forms (FOF) (Exhibit 2). Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator. Sample Collection Training. Trained individuals shall perform the collection of samples. A brief description of the training of the individuals must be provided to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the QAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side-by-side or concurrently. All water samples shall be collected as follows: Step-by-Step Procedures for Local Contractors. The following procedures for sampling are based upon text taken from Part II, Section A, of the EPA publication "Microbiological Methods for Monitoring the Environment: Water and Wastes" EPA-600/8-78-017, December 1978. 1. Identify the sampling site on a chain of custody tag, if required,or on the bottle label and on a field log sheet. 2. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean,waterproof, non-smearing,and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark. 3. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 4. The first sample to be prepared is the trip blank (at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation. 5. To collect the water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water. 6. Open a sampling bottle,grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two-foot standing depth will collect the sample at the 15- centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 7. Remove the bottle from the water body. 8. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)above each sample for proper mixing of the sample before analysis. [NOTE:If the bottle contains any debris, contaminants, or excessive sediment/sand, a new bottle must be used. Do not discard the water sample and refill the bottle.] 9. Tightly close the stopper. 10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at<10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible,to ensure proper maintenance of storage temperature. Take care to ensure sample bottles are not totally immersed in water during transit or storage. Process samples as soon as possible after collection. Do not hold samples longer than six hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods. 13. Field Split Sampling:A field split is a single sample subdivided by field staff immediately following collection and submitted to the laboratory as two separate, identified samples. Split samples are preserved, handled, shipped, and analyzed identically and are used to assess variability or related to special project sampling. When collecting water samples for a field split,collect water samples in a sterile, unused 1000ml container. • Using the 1000ml container, follow the above sample collection procedure using steps 4-8. • Prepare pre-labeled 125ml bottles from the above step 1 by placing them on a stable, flat surface. Ensure the bottle caps are not contaminated by placing them with the threads facing up. • While keeping the 1000ml lid affixed, vigorously shake the bottle for 10 seconds, ensuring any particulates are suspended in the sample. • In rapid succession, remove the lid and pour contents into the two separately prepared 125ml containers, then immediately place the caps on. Depending on technique and timing, additional swirling of the 1000ml during this process may be needed to ensure particulates remain suspended. • Follow steps 11-12 in the above procedure. 14. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 Labeling the Samples. Each sample bottle shall be labeled with the following information: • Date and time of sample collection • Sampler's name • Sample letters and station number as identified in Appendix C of the QAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, the samples must be delivered to the designated laboratory for testing within 6 (six) hours of collection. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice may be added during the sampling day. Sampling Documentation. A FOF must be completed for each station. Multiple stations may be included on a single FOF if all the data is the same. A copy of a completed FOF must be provided to the designated laboratory(if different than the Provider). The Provider shall retain all FOFs. Data from the FOFs must be submitted electronically, once a month, in a spreadsheet format supplied by the Beach Watch Coordinator. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Number of people at the site • Submerged debris in water(sargassum, dead fish, flood debris, etc.) • Debris on beach (sargassum, algae, flood debris, trash, tar balls.) • Water color and water odor • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the QAPP for QA/QC purposes, the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one(or two)samples exceeds the Single Sample Maximum Density value of 104 cfu/100ml, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. Public Advisory. If the Provider is a local government,the local government will be responsible for issuing a public advisory and advisory signs must be posted. Failure to post the signs will result in immediate termination of the contract. If the Provider is not a local government,the GLO will notify the local government. The Provider may post the advisories signs if authorized by the local government. BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 VI. DATA ENTERY The Provider through the Beach Watch Program's data entry website (https://s3.glo.texas.gov/beaches2009/login.cfm) must submit sampling results. Data must be entered into the website within one hour of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances occur that preclude entering the data within one hour, the Provider shall notify the Beach Watch Coordinator by any means possible. The Provider will complete a QA/QC weekly data check report and submit it to the TBW Project Manager through email by 10 am the day after results are submitted. TBW QA/QC weekly data check Date sample collection date Number of samples collected total use the email that does not have highlighted Number of samples in notification email colors to account for field dupes. List of results not entered into database. Include Missing Data Date, Site ID, result, and time collected List of results that need to be deleted. Include Duplicate data Site ID and Date VII. DELIVERABLES 1. Budget breakdown by category Due Date: 09/30/2024 2. Review Sign and Return QAPP Due Date: 10/31/2024 3. Inventory of signs. Include location and photos Due Date: 11/31/2024 4. Reimbursement requests Due Date: Monthly 5. Field Observation Forms Due Date: Monthly Vill. SPECIAL CONDITIONS 1. This project must be completed as described in this work plan. 2. The GLO must approve any changes in the scope of work. 3. The GLO must approve any budget category revisions per Exhibit 3. 3. GLO and Texas Beach Watch logos, must be printed on education/outreach materials, signs, and clothing when referencing information from the Texas Beach Watch program. 4. The contractor must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in any media related communications for this project. EXHIBIT 1 Sampling Schedule Sampling Schedule September 1,2024 through August 31,2025 Sample Week Sample Event # Sample Week Sample Event # 09/02/2024 Yes 1 03/03/2025 Yes 18 09/9/2024 Yes 2 03/10/2025 Yes 19 09/16/2024 Yes 3 03/17/2025 Yes 20 09/23/2024 Yes 4 j 03/24/2025 Yes 21 09/30/2024 Yes 5 03/31/2025 Yes 22 10/07/2024 Yes 6 04/07/2025 No 10/14/2024 Yes 7 04/14/2025 Yes 23 10/21/2024 Yes 8 04/21/2025 No 10/28/2024 Yes 9 04/28/2025 Yes 24 11/04/2024 Yes 10 05/05/2025 Yes 25 11/11/2024 No 05/12/2025 Yes 26 11/18/2024 Yes 11 05/19/2025 Yes 27 11/25/2024 No 05/26/2025 Yes 28 12/02/2024 Yes 12 06/02/2025 Yes 29 12/09/2024 No 06/09/2025 Yes 30 12/16/2024 Yes 13 06/16/2025 Yes 31 12/23/2024 No 06/23/2025 Yes 32 12/30/2025 No 06/30/2025 Yes 33 01/06/2025 Yes 14 07/07/2025 Yes 34 01/13/2025 No 07/14/2025 Yes 35 01/20/2025 Yes 15 07/21/2025 Yes 36 01/27/2025 No 07/28/2025 Yes 37 02/03/2025 No 08/04/2025 Yes 38 02/10/2025 Yes 16 08/11/2025 Yes 39 02/17/2025 No 08/18/2025 Yes 40 02/24/2025 Yes 17 08/26/2025 Yes 41 08/30/2025 Yes 42 EXHIBIT 2 Field Observation Form J xa& X - p BEACH WATCH FIELD OBSERVATION FORM.com TEXAS GENERAL LAND OFFICE Date: Field Technician: Laboratory Recipient: Start Time Time Delivered End Time DehveryTemperaWre Water Surface: 1-Calm 2-Ripples 3-Chop 4-Swells 5-Other Clarity: 1-Clear 2-Cloudy 3-Turbid Water Color: 1-Md. Brown 2-Dk Brown 3-Red Brown 4-Green Brown 5-Yellow Brown 6-Blue Green 7-Blue Tide: 1-High 2-Low 3-Ebb 4-Flood 5-Other Trash: 1-Light 2-Medium 3-Heavy 0-None Smell: 1-Sewage 2-Oily 3-Fishy 4-Rotten Egg 5-Other 0-None Debris: 1- Shells 2-Dead Fish 3-Dead Crabs 4-Other(See Comments) 0-None Sargassum: 1-Light 2-Medium 3-Heavy 0-None Algae/Seaweed: 1-Light 2-Medium 3-Heavy 0-None Rip Current: 1-Advisory 0- No Advisory (See Lifeguard Flags) Field Observation Form ® Water Surface: O Calm ®Ripples ®Chop 0 Swells O Other Smell; O Sewage O Oily O Fishy O Rotten Egg O Other 4D None Clarity: O Clear ®Cloudy ®Turbid Debris: 4 Shells 0 Dead Fish O Dead Crabs 0 Other{See comments) O None Water Color. 0 Md.Brown ®D.Brown O Red Brawn O Green Brown A Yellow Brown Sargassum: O Light ®Medium O Heavy O None ® Blue Green 7.0ther Rip Current: O Advisory O No Advisory(See Life guardflags) Tide; O High O Low ®Ebb O Flood A Other Algae/Seaweed: O Light O Medium O Heavy ®None Trash: O Light ®Medium O Heavy 0 None SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑NO ❑YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP 0 ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY put START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY 0 TIME caul CRAB r JELLYFISH WIND SPD RA WALL. 1Q�iLLl TIME FISH 0 SMELL 0 WATER SUtF 24 HRS ❑ �J ❑ DUP TRASH 0 RIP CUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑ND ❑YES ❑ND ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP -F ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY upt START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY 0 TIME cful CRAB 0 JELLYFISH 0 WIND SPD 0 RAINFALL 10)mL TEND IME FISH 0 SMELL 0 WATER SURF 24 HRS ❑ U59M& ❑ DUP TRASH 0 RIP CUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑NO []YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP 0 ALGISWD 0 DOGS AIR TEMP 0 SALINITY Apt START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY 0 TIME cfu] CRAB JELLYFISH 0 WIND SPD RAINFALL TEND IME 100mL FISH SMELL 0 WATER SURF 24 HRS ❑ ❑ DUP TRASH 0 RIP CUR TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY COMMENTS EXHIBIT 3 TBW Administrative and Financial Guidance TEXAS BEACH WATCH ADMINISTRATIVE& FINANCIAL GUIDANCE EPA-FUNDED PROJECTS TABLE OF CONTENTS: Pre-Contract Execution ..............................................................................................................2 WorkPlan Development............................................................................................................2 Contracting.................................................................................................................................2 Kick-Off Call .............................................................................................................................3 Post-Contract Execution.............................................................................................................3 SubrecipientGrant Agreement ..................................................................................................3 Reporting....................................................................................................................................3 ContractAmendments ...............................................................................................................4 Acknowledgement of TBW Funds ............................................................................................4 Performance Monitoring, Evaluations and Risk Assessment....................................................4 SiteVisits...................................................................................................................................5 Geographic Information Systems Data Products.......................................................................5 IntellectualProperty...................................................................................................................5 AuditCompliance......................................................................................................................6 Periodof Retention....................................................................................................................6 EPA-FUNDED PROJECTS -FINANCIAL REQUIREMENTS...............................................6 GeneralRequirements.................................................................................................................6 Financial Assistance Standard Terms and Conditions...............................................................6 Invoices and Reimbursements ...................................................................................................7 Unallowablecosts......................................................................................................................7 Withholding...............................................................................................................................7 Endof Year Balance ..................................................................................................................7 TBWBudget Categories .............................................................................................................8 Salary.........................................................................................................................................8 Fringe.........................................................................................................................................8 Travel.........................................................................................................................................8 Supplies......................................................................................................................................9 Equipment................................................................................................................................ 10 TEXAS BEACH WATCH EPA-FUNDED PROJECT ADMINISTRATIVE EXPECTATIONS Pre-Contract Execution Work Plan Development Upon notification of contract continuation in June 2024,the Texas General Land Office Texas Beach Watch program (TBW) project manager will begin working with City of Corpus to develop the work plan and budget.TBW will help ensure the project produces deliverables consistent with the BEACH Act of 2000. As part of the work plan development, the TBW project manager will work with applicants to create a detailed budget narrative. The budget narrative is a breakdown of how the project intends to spend TBW funds under each budget category. City of Corpus will only be authorized to use project funds on items included in the budget narrative. If City of Corpus would like to use project funds on an item not included in the mutually agreed upon budget narrative once the project begins, the applicant will need to first request approval from the TBW project manager. Please note,funding is not guaranteed for a TBW project until City of Corpus and TBW staff come to a mutually agreed upon work plan, budget narrative, all required supporting documentation is submitted, and a final contract is executed. If a project work plan cannot be agreed upon or if eligibility issues are uncovered during TBW staff review of the supporting documentation, the funding invitation will be withdrawn. The agreed upon work plan and budget narrative should not be altered or amended after receipt of the final funding notification to ensure timely execution of the grant award. Contracting TBW funds are available for use starting September 1, 2024. However, subrecipients cannot start work on their project until the GLO contract is fully executed, meaning all GLO and subrecipient signatures are secured.The GLO will not reimburse any work that occurs prior to the contract effective date. The GLO strives to maintain uniformity and fairness in its treatment of all subrecipients. Using standard and unvarying language in contracts ensures each subrecipient is treated equitably and allows management of contracts to be streamlined and consistent. The GLO will not accept revisions to the contract or its attachments, except as necessary to correct errors or accurately reflect legal requirements and limitations. Kick-Off Call The GLO will host a kick-off call with the subrecipient in August 2024 to go over the project work plan, budget, deliverables, due dates, and project expectations prior to contract execution. Subrecipients are highly encouraged to ask questions and bring up concerns,as needed. Subrecipient kick-off call attendees should include the project manager,the financial reporter and anyone else pertinent to the success of the project. Post-Contract Execution The GLO expects the subrecipient project manager to maintain clear and open communication with the TBW project management staff throughout the grant award period. Adhering to the project's timeframe (12-months) is paramount. Subrecipient Grant Agreement TBW grant funding is provided through the issuance of a binding and enforceable contract between the subrecipient and the GLO. This contract, called a subrecipient grant agreement, sets forth the terms and conditions of the grant to the subrecipient, and includes other contract documents governing the grant, such as the approved project work plan and budget. The subrecipient is legally responsible for successfully completing each task and producing each project deliverable as specified in the approved work plan. If the funding amount approved for a task is underestimated, the subrecipient is responsible for providing any additional funding needed to complete the project as approved. Reporting TBW sample summary reports and reimbursement requests are due on or before the tenth day of the month following the reporting period.TBW sample summary reports should be completed on the provided standard template form, which includes a description of each task's status, major accomplishments for the reporting period, deliverable/milestone completion/submission dates, obstacles encountered, a description of plans for the next reporting period,and a list of personnel that worked on the grant activities during the reporting period. If a task has not started, this should be noted in the progress report. Reimbursement request requirements are detailed below in the financial requirements. Subrecipients will submit TBW sample summary reports, deliverables, and reimbursement requests to the GLO via the vendorinvoices@glo.texas.gov and lucy.flores@glo.texas.gov monthly. Reporting frequency is determined by project and entity type. Reporting frequency requirements are denoted in the project work plan, which will be contained in Attachment A of the subrecipient grant agreement. Reimbursement requests must be submitted with progress reports every month or quarter, even if they contain a $0 request. Progress reports,deliverables and reimbursement requests should be submitted on or ahead of the date specified in the work plan. If a delay is anticipated, the subrecipient should email the TBW project manager notifying them of the impending delay. Contract Amendments Informal contract amendments are amendments that do not substantively change the project scope or outcome(e.g.,changes to deliverable and task due dates within the 12-month contract period and budget revisions that do not increase or decrease the project budget). Subrecipients must submit a written request for an informal contract amendment to the GLO independent of routine progress reports. For budget revisions that do not change the overall budget, subrecipients must submit a completed Budget Amendment form.The form is available upon request. Formal contract amendments include changes to the project scope, increases or decreases to the project budget,and extensions to the project duration beyond the 12-month contract period. For Subrecipients must submit a written request with acceptable justification to the GLO for consideration at least 90 days prior to the expiration of the contract. Subrecipients may request a contract extension provided additional time is required for the successful completion of the project and the term of the contract does not extend beyond the Federal Award period. Note, requests will be considered on a case-by-case basis and can potentially impact future funding considerations. Subrecipients must fulfill tasks as described in the subrecipient grant agreement as projects are awarded based on the information provided in the original application. Substantive modifications to the contract tasks, budget, or deliverables may require EPA review and approval. Acknowledgement of TBW Funds Publications, materials, and permanent signage produced with grant funding must include the required acknowledgement statements as well as the EPA, GLO and TBW logos. Acknowledgement language is provided in the subrecipient grant agreement. Reports, papers, requests for proposals,and bid solicitations must provide the acknowledgement statement and the EPA, GLO and TBW logos on the front cover or title page of the document. Performance Monitoring, Evaluations and Risk Assessment To ensure compliance with expectations, GLO staff will provide the subrecipient with a "Project Monitoring and Review Timeline" at the beginning of the grant contract.The timeline will detail how TBW staff will review, audit, and assess a project's compliance during the grant and provide information on the consequences of non-compliance. Please note, adherence to this schedule can play a role in securing future grant funding. The GLO will perform quarterly project evaluations and annual risk assessments.These mechanisms will be used by GLO staff to identify contracts that may need additional monitoring and/or oversight and identify areas of risk. Additional monitoring activities may include telephone calls, meetings, desk reviews and site visits. Subrecipients will be notified in writing if non-compliance issues are identified during either the quarterly or annual reviews. Site visits The GLO will conduct at least one site visit during the grant period for TBW projects. Subrecipients must provide the GLO or other agencies of the state or federal government reasonable access to the site for project monitoring. Geographic Information Systems Data Products Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated,or purchased with TBW grant funds will be subject to all applicable terms of the Texas Administrative Code(TAC) Rule §205.10, State Agency Geographic Information Standards (texreg.sos.state.tx.us/public/readtac$sub.ListRegister?p reg id=288527). Any GIS data to be transferred or exchanged that is collected,manipulated,or purchased with funds from this contract must be documented as specified in the Federal Geographic Data Committee's (FGDC) Content Standard for Digital Geospatial Metadata (CSDGM). The federal metadata standard is available online at www.fgdc.gov/metadata/csdgm. Any electronic spatial data collected, manipulated, or purchased with TBW grant funds and/or local match funds shall be transferred in a mutually acceptable GIS format,along with appropriate documentation. Non- spatial data deliverables(textual,spreadsheet, database,etc.)must be delivered in standard text, image,or database formats, and on mutually acceptable delivery media. All applicants are expected to comply with these guidelines.An applicant who cannot comply with these guidelines must provide a written justification detailing why an exception is warranted. Intellectual Property Subject to the rights of the federal government, the GLO will own, and the subrecipient must irrevocably assign to the GLO, all ownership right, title, and interest in and to all intellectual property acquired or developed bythe subrecipient in connection with the TBW grant,including without limitation all intellectual property in and to reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed bythe subrecipient in connection with the TBW grant. The GLO will have the right to obtain and to hold in its name all patents, copyrights, trademarks, service marks, registrations, or such other protection as may be appropriate to the subject matter, including extensions and renewals. Subrecipients must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance and execute such documents, as required to perfect the intellectual property rights granted to the GLO without any additional charge or expense. Audit Compliance Subrecipients who expend $750,000 or more in federal awards during a fiscal year must obtain an annual audit and comply with audit requirements set forth in 2 C.F.R. Part 200, Subpart F. Subrecipients who are under this threshold must submit a completed Audit Reporting Form within 60 days of the end of their fiscal year. The Audit Reporting Form can be found attached to your contract. Entities, such as state agencies and institutions of higher education, subject to the statewide single audit are not required to submit the Audit Reporting Form. All subrecipients are subject to audit. Subrecipients selected for audit must provide the GLO and other agencies of the state and federal government reasonable access to the project site and to project records. Project records and deliverables are subject to the state and federal administrative and audit regulations, including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2 C.F.R. Part 200). Period of Retention Unless applicable federal laws or regulations specify a longer retention period, subrecipients are required by state law to retain project files for a seven-year period following the official grant award closeout date or until final audit resolution is reached. Following closeout,subrecipients will receive a letter from the GLO specifying the period of retention for the grant award. EPA-FUNDED PROJECTS- FINANCIAL REQUIREMENTS General Requirements Financial Assistance Standard Terms and Conditions Subrecipients must comply with the Department of Commerce Financial Assistance Standard Terms and Conditions, including the Office of Management and Budget (OMB) Uniform Guidance (2 C.F.R. Part 200) and all associated Terms and Conditions.Subrecipients should refer to 2 C.F.R.§200.101(b)(1)to determine the applicability of 2 C.F.R. Part 200 and 2 C.F.R. § 200.330 (Subrecipient and contractor determinations) through § 200.332, (Subrecipient monitoring and management).The Standard Terms and Conditions is available on the GLO website. Subrecipients should review and understand the subrecipient grant agreement requirements and all applicable state and/or federal assurances, certifications, OMB rules, Uniform Management Grant Standards and travel rules and guidelines, including the following: • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200) • Assurances for Non-construction (SF-424B)/Construction Projects (SF-424D) • Certifications regarding Debarment, Suspension, and other Responsibility Matters; Drug Free Workplace Requirements and Lobbying (CD-511) • Certifications regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Transactions (CD-512) • State of Texas Travel Guidelines (TexTravel) - https://fmx.cpa.state.tx.us/fmx/travel/textravel/index.php Invoices and Reimbursements TBW is a reimbursement-based grant program. The subrecipient is expected to make the initial outlays for the project. The GLO will only reimburse the subrecipient for allowable, budgeted expenses. Any costs incurred prior to the effective date or after the termination or expiration of the subrecipient grant agreement are not eligible for reimbursement unless agreed upon by the GLO and City of Corpus. Payments are directly linked to grant performance and may be withheld if project schedules are not met and/or deliverables are not submitted. Subrecipients are required to submit reimbursement requests and documentation for local and third-party match with the corresponding progress report on or before the 10th day of the month following the reporting period. Reimbursement requests should be submitted to Vendorinvoices@glo.texas.gov, Gloria.maynard@glo.texas.gov and Lucy.Flores@glo.texas.gov. If a subrecipient does not incur expenses during the reporting period,a$0 invoice should still be submitted. For the final invoice,documentation for reimbursement requests must be submitted within 60 days from the date the expense is incurred. Invoices must be submitted on the approved GLO forms. Subrecipients must include documentation that adequately supports the expenses. Documentation of direct costs must be acceptable to the GLO. Subrecipients should be set up for direct deposit for reimbursements. Unallowable costs Unallowable costs, as defined in 2 C.F.R. Part 200, Subpart E — Cost Principles, are ineligible for reimbursement Unallowable costs include, but are not limited to, costs related to alcohol, contingency, entertainment,fundraising,sponsorship,tips,and any staff or program not directly related to TBW activities. The reimbursement of administrative costs is prohibited. Withholding To ensure completion of the project in accordance with the subrecipient grant agreement, the GLO may withhold an amount equal to five percent (5%) of the budget. Final disbursement will occur upon project completion and submission of final deliverables. End of year balance If at the end of the contract there is a surplus of funds in the City of Corpus designated TBW account. All funds must be used on TBW related expenses with GLO approval in preparation for the new year. The use of surplus funds may be used for the purchase of a TBW program vehicle, TBW vehicle maintenance, scientific equipment, supplies, etc. TBW Budget Categories Salary Salary includes the wages of the subrecipient's personnel working directly on the project. For reimbursement documentation, subrecipients are required to submit time sheets or another form of documentation from the payroll system for all subrecipient staff paid by the grant upon GLO request. Documentation must be acceptable to the GLO. Fringe Fringe benefits include allowances and services provided to employees by the subrecipient as compensation in addition to regular salaries and wages.Fringe benefits should be limited to no more than 35%of individual salaries and wages. For reimbursement documentation, subrecipients are required to submit time sheets or another form of documentation from the payroll system for all subrecipient staff paid by the grant upon GLO request. Documentation must be acceptable to the GLO. Travel Travel costs include expenses for transportation, lodging, subsistence, and related items incurred by employees traveling for project-related purposes. Subrecipients must claim actual expenses for travel not to exceed the maximum allowable rates. Reimbursement of per diem rates is not permitted. Itemized receipts and proof of payment must be submitted for reimbursement documentation upon GLO request. Reimbursement for lodging, travel, and other incidental direct expenses must be limited to the rates established in the Texas Administrative Code and the State of Texas travel guidelines, Textrovel. Additional information is available at https://fmx.cpa.state.tx.us/fmx/travel/textravel/. Lodging and meal reimbursement must not exceed the allowable U.S. General Services Administration per diem rates at https://www.gsa.gov/travel/plan-book/per-diem-rates. Mileage rates must not exceed the allowable State rate at https://fmx.cpa.state.tx.us/fmx/travel/textravel/rates/current.php. Travel-related expenses to attend specific meetings, conferences or events must be included in the subrecipient's mutually agreed upon budget narrative. If not included in the original budget narrative,the subrecipient must submit an acceptable justification and receive the TBW project manager's written approval prior to the travel. Grant funds should only be spent on travel necessary to complete the goals and deliverables delineated in the project work plan. Travel should occur within Texas. Grant funds may be used to travel to one (1)out- of-state conference, meeting, or workshop. Out-of-state travel is limited to the contiguous United States and must be strongly justified and approved by the TBW project manager. Supplies Supplies include all personal property with an acquisition cost of less than$5,000 per unit.Supplies must be purchased during the contract period for the purpose of implementing the project unless prior GLO approval was attained. Subrecipients must comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement o be Followed when procuring supplies. Itemized receipts and proof of payment are required as reimbursement documentation. Equipment Equipment includes tangible, non-expendable personal property with a useful life of more than one year and an acquisition cost of more than $5,000 per unit. Subrecipients must comply with 2 C.F.R., Part 200,Sec.320 Methods of Procurement to be Followed when procuring equipment. Subrecipients are prohibited from purchasing equipment not included as a reimbursable item in the subrecipient grant agreement. Subrecipients must perform a lease versus purchase analysis to ensure it's more cost efficient to purchase the equipment rather than lease. Written approval must be received from TBW staff before an equipment purchase can be initiated. Itemized receipts and proof of payment are required as reimbursement documentation. Subrecipients must retain title to, and possession of equipment purchased with grant funding unless the equipment is transferred to the GLO, upon written request by the GLO.The final request for reimbursement must include a list of all equipment purchased as part of the project, including the name of the manufacturer, the model number, and the serial number. Disposition of equipment must follow state and federal audit regulations. Contractual The contractual category includes all subrecipient subcontracts required,as determined by the subrecipient, to implement the project. This budget category would include "professional services" as defined in Texas Government Code Chapter 2254 (i.e., architects, landscape architects, land surveying, land appraisers), engineering contracts, construction contracts and university subawards. Per the TBW subrecipient grant agreement, these subrecipient subcontracts must comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement to be Followed when procuring contractual services. Competitive bidding procedures must be followed as required and in all other cases when possible. Per State law, architectural and engineering services cannot be competitively bid and must be acquired using a Request for Qualifications. Subrecipients must provide the GLO with a copy of each subcontract agreement and any subsequent amendments, including agreements with third-party contributors, within 10 business days after execution. Subrecipients must submit invoices and proof of payment(e.g.,canceled checks or copies of bank statements) as reimbursement and match documentation. A competitive bid process is required to establish a subcontract under the following circumstances: • <$50,000: no Request for Proposals/Qualifications required • >$50,000: Competitive Request for Proposals/Qualifications must be obtained from a minimum of 3 biddersFor state agencies and state universities, state procurement rules apply, even when using federal funds (2 CFR 200.317). Applicable thresholds include: • < $10,000 - no Request for Proposals/Qualifications required-Can issue purchase order directly to vendor. • < $25,000 -informal Request for Proposals/Qualifications process required • >$25,000 -formal Request for Proposals/Qualifications process required Other Costs include any anticipated purchases excluded from all other budget categories, including printing, registration fees, equipment rental, student tuition, fleet vehicle use and volunteer time. Subrecipients must include itemized receipts or invoices for budgeted expenses and documentation(e.g.,canceled checks or copies of bank statements)verifying the subrecipient has paid all invoices submitted for reimbursement or as match. Vendor/Service Contracts: Vendors or goods and service contracts should be budgeted under the Other category.While not required per the TBW subrecipient grant agreement,these contractors should attempt to comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement to be Followed, when possible, and adhere to the thresholds list in the Contractual section above. Subrecipients must provide the GLO with a copy of each vendor/service contract agreement and any subsequent amendments, including agreements with third-party contributors, within 10 business days after execution.Subrecipients must submit invoices and proof of payment(e.g.,canceled checks or copies of bank statements)as reimbursement and match documentation. Computers and Computer Software:Subrecipients are prohibited from purchasing computer software not included as a reimbursable item in the subrecipient grant agreement.Computers,accessories,and computer software cannot be purchased within the final three (3) months of a grant award. Salary and Tuition:Subrecipients may request reimbursement for both salary and/or wages and tuition costs earned by the same student working directly on the project. Indirect and Allocated Direct Costs Indirect and Allocated Direct costs include the costs of continuing operation as established by the Negotiated Indirect Cost Rate Agreement(NICRA)and the Cost Allocation Plan (CAP). Reimbursement of these costs is prohibited. Ordinance Ordinance authorizing execution of Texas Beach Watch (TBW) grant contract with General Land Office (GLO) to perform collection and analysis of water samples from designated sampling stations and notification of the public water quality advisories to the public. For the contract period September 1 , 2023, through August 31, 2024("Fiscal Year 2024" or "FY2024"). City Council August 13, 2024 Background and Summary General Land Office (GLO) Texas Beach Watch (TBW) Grant • To be used for collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPP. Provider shall perform project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. • Contract shall be effective as of the earlier of September 1, 2020, and shall terminate on August 31, 2025 City Council August 13, 2024 Background and Summary GLO Work Order Work Order is effective on September 1, 2024, and shall terminate or August 31, 2025 • Total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $140,000.00. • Provider will be reimbursed $55.00 for each base sample submitted • Provider will be reimbursed $70.00 for each repeat sample required. City Council August 13, 2024 Fiscal Impact and Staff Recommendation Fiscal impact No fiscal impact for FY2025. • All positions are 100% grant funded. o 1 FTE position Staff Recommendation: Approval of the two-reading ordinance. City Council August 13, 2024 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of August 13, 2024 ss52 Second Reading for the City Council Meeting of August 20, 2024 DATE: August 2, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Assistant City Manager HeatherH3(o-)-cctexas.com 361-826-3506 Ordinance Terminating Tax Increment Reinvestment Zone (TIRZ) #5 CAPTION: An ordinance terminating Tax Increment Reinvestment Zone (TIRZ) #5, City of Corpus Christi, Texas; dissolving the tax increment fund for the zone; dissolving the board of directors for the zone; providing an effective date; and appropriating and transferring related funds as necessary. SUMMARY: This item is an ordinance to terminate the Tax Increment Refinancing Zone (TIRZ) #5. On January 31, 2023, the City Council approved a motion to cancel the developer reimbursement agreement with South Padre Investment, Inc. due to the sale of one third of the property to a different developer for use in a different project. BACKGROUND AND FINDINGS: On July 14, 2020, the City Council was presented with an overview of a developer-petitioned Tax Increment Reinvestment Zone (TIRZ) called Bohemian Colony (BOCO) for developer reimbursement of street, sewer, stormwater, water infrastructure, and maintenance of a proposed 10-acre park. The proposed 258.9-acre development was located on the southwest corner of South Padre Island Drive (SPID) and Crosstown Expressway and is currently used primarily for agricultural purposes. The proposed development was to have 999 multifamily units, 777 townhomes, and 450,000 square feet of commercial space. The TIRZ was finalized and a development agreement was approved in late 2020. In October 2022, staff were made aware that the landowner for the property located in the TIRZ sold approximately one-third of the land to another developer who is proposing a different type of development. The new developer indicated that they had the option to purchase more of the land for future development. Staff reached out to the original developer in November 2022. The developer indicated that despite his best efforts, the development as proposed would not be moving forward. The developer had no objection to canceling the existing development agreement. In December 2022, a memo went out to City Council regarding the situation and in January 2023, an identical memo was sent to the TIRZ #5 Board. The TIRZ#5 Board is not required to approve the cancellation of the developer agreement prior to it being presented to council so at the City Council meeting on January 31, 2023, cancellation was approved by the council. Since the cancellation of the development agreement in early 2023 there have been no new development proposals for the site. Due to this, staff is recommending to terminate the zone. ALTERNATIVES: City Council could choose to not terminate the zone FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: City staff recommend termination of TIRZ #5 since the project as proposed will not be moving forward and all required documentation has been closed and/or finalized and no additional development proposals have been submitted for consideration. LIST OF SUPPORTING DOCUMENTS: Ordinance—TIRZ #5 (BOCO) Termination Presentation ORDINANCE NO. AN ORDINANCE TERMINATING TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE, CITY OF CORPUS CHRISTI, TEXAS; DISSOLVING THE TAX INCREMENT FUND FOR THE ZONE; DISSOLVING THE BOARD OF DIRECTORS FOR THE ZONE; PROVIDING AN EFFECTIVE DATE; AND APPROPRATING AND TRANSFERRING RELATED FUNDS AS NECESSARY. WHEREAS, on August 18, 2020, the City Council of the City of Corpus Christi, Texas ("City Council") adopted Ordinance No. 032183, designating Tax Increment Reinvestment Zone Number Five, City of Corpus Christi, Texas, (the 'Zone") pursuant to Chapter 311 , Tax Increment Financing Act, Texas Tax Code; and WHEREAS, Ordinance No. 032183, Section 4 provides that the Zone will terminate on the earlier of (i) December 31 , 2040; (ii) the date on whjch all project costs are complete and financing is no longer needed; or (iii) at an earlier or later time designated by subsequent ordinance of the City council; and WHEREAS, on October 27, 2020, the Corpus Christi City Council approved a Project and Financing Plan for TIRZ No. 5; and WHEREAS, on October 27, 2020, the Corpus Christi City Council approved a Development Reimbursement Agreement for TIRZ No. 5 entered into by the City of Corpus Christi, ("the City") and South Padre Investment, LP, a Texas limited partnership ("the Developer'); and WHEREAS in December 2023, the City received notice from Developer that he had sold portions of land for the Development and could not move forward with the project as agreed to; and thus, failed to perform obligations as set out in the Development Reimbursement Agreement and pursuant to the TIRZ No. 5 Project and Financing Plan; and WHEREAS, the Development Reimbursement Agreement between the City and the Developer has been terminated, the termination has been agreed to by all parties, and it is the desire of the City Council to terminate this TI RZ No. 5; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: A. That Tax Increment Reinvestment Zone Number Five, City of Corpus Christi, Texas is hereby terminated. B. That the Tax Increment Fund for Tax Increment Reinvestment Zone Number Five, City of Corpus Christi Texas is hereby dissolved and terminated. C. That the Board of Directors for Tax Increment Reinvestment Zone Number Five, City of Corpus Christi, Texas is hereby dissolved and terminated. D. That this Ordinance shall take effect and be in full force and effect from and after the date of its adoption by the City Council. ADOPTED this day of August, 2024. se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 Action Item for the City Council Meeting of August 13, 2024 DATE: July 17, 2024 TO: Peter Zanoni, City Manager FROM: Randy Almaguer, Compliance Officer, CCREDC ralmaguer(a)-ccredc.com (361) 882-7448 Del Mar College Internship Program CAPTION: Ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 Internship program; appropriating $15,000 from the unreserved fund balance of the Type B fund; and amending the budget. SUMMARY: This ordinance allocates additional funds of$15,000.00 for the Del Mar College (DMC) Internship Program. The program is having great success with the $7.25 match with participating small businesses and anticipates an increase in participation for the summer and fall semester, 2024. BACKGROUND AND FINDINGS: During the June 17, 2024, meeting, the Type B board unanimously passed an amendment with the DMC Internship program to increase the FY2024 budget by $15,000.00 for a total amount not to exceed of$130,000.00. Del Mar College is requesting a funding increase of$15,000.00 for FY24, this request is necessary to maximize program reach and effectiveness. The program for calendar year, 2024 has had 32 intern placements and anticipates an additional 30-40 interns for the fall semester. The program is working to target efforts to increase the diversity of industries and student majors participating in the program. For the January— May report, 4 interns have been offered full time positions with the respective companies the student was interning at and were converted to FTE's. The program is forecasted to be over the original internship funding request of$115,000.00 by the end of December and has used $61,227.86 through June of 2024. Del Mar College has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type B grant will match the wage up to $7.25 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type B Board has funded this program since 2007. By using their program, small business owners can pay minimum wage and get a solid intern working in their major area of study. There are many things that interns can do for small businesses such as: • social media posts for the business's marketing plan • write copy for marketing, product descriptions for online listings • capture and collect analytics for marketing and websites. • put information into more digestible formats for business owners, using databases or other technology tools. • data entry for bookkeeping or record keeping • photograph, capture, and log products for online use. Load them to online stores. • capture customer information and maintain customer relations management systems. • customers follow up and communication. • other"field specific" tasks. ALTERNATIVES: The City Council may choose not to increase the additional funding or choose a lesser amount. FINANCIAL IMPACT: This item will add $15,000.00 from the Type B Economic Development Fund for a total amount not to exceed of$130,000.00 for the FY 2024 Internship program. FUNDING DETAIL: Fund: 1146 Type B Economic Development Organization/Activity: 15020 Small Business Projects Mission Element: 707 Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommend approving the funding increase. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Type B Funding Increase Amended Agreement One-reading ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 internship program; appropriating $15,000.00 from the unreserved fund balance of the Type B fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of $15,000.00, for a total not to exceed $130,000.00, are appropriated from the Type B Fund No. 1146-15020-57-530000 for the Del Mar College 2024 Internship Program. Section 2. The FY2023-24 Operating Budget is amended to increase expenditures by $15,000.00 for the Del Mar College 2024 Internship Program. Section 3. That the City Manager or designee is authorized to execute an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 internship program. Section 4. This section constitutes a written request by the mayor or majority of the members of the Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 1 of 1 Sn--k4c BIP DEL MAR COLLEGE Del Mar College SBIP- Corpus Christi DEL MAR COLLEGE SMALL BUS I NESS Job Development Internship Program 2024 Annual INTERNSHIP PROGRAM Report Jan-May June-Aug Sep-Dec Totals YTD End of Year Projection Employer Participation(Spots filled) 30 New Employer Participation 12 Student Participation 32 Part-Time Jobs Created Full-Time Jobs Created NEW:Intern-To-Full-time Converted 4 Grant Funding Spent in Dollars $61,227.86 Grant Funding Spent by Semester 2024 2023 21,439.54 2022 19,271.29 2021 - 8,502.88 2020 8,680.05 2019 14,457.00 2018 22,628.25 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 ■Spring Summer ■Fall Number of Interns 2024 2023 2022 2021 2020 2019 2018 0 10 20 30 40 50 60 70 80 90 ■Spring ■Summer ■Fall Business Partners Industries All Temps Personnel Accounting/Bookkeeping ANS Accounting Services,LLC Retail/Sales Atelier Salon*** Advertising,PR&Marketing Beacon Chiropractic Clinic Human Resource/Payroll Beauty&the Bistro Catering*** Real Estate Bub+Beck by Madison Taylor LLC Office Administration De Colores Childcare Coaching&Mentoring DMC-SBIP Cosmetology DMC-SBDC Culinary Arts Duke Controls Early Childhood/Childcare Elite Bookkeepping Medical Endless Styles Salon&Boutique GIS Fierce Advertising Hospitality Jakab Accounting Firm Audiovisual(media installation) Juarez Financial+Tax Business Services(recruitment/staffing) Lolly's Learn&Grow Center Oil Field&Gas Lunceford Tax Holdings(dba Jackson Hewitt Tax Service) Auto Repair Made in Corpus Christi Mi Mundo(childcare) N-Zone Sports Oceana Luxe MedSpa Palacios&Palacios*** Ray of Sunshine Salon South Texas Retina Texas Realty Exchange Texas Tech Audio Visuals Thomas Exxon Mobile Tranbarger&Company LLC SCCI Payroll Services Redbrix Property Group,LLC Near Future Business Partner Participation Justice Incorporated My Preschool&Child Development Center ***Currently have TWO interns Com an Name Industry Student Name Student Major Intern Position All Temps Temp Agency Anai Austin Business Administrative Personnel Administration Assistant ANS Accounting CPA Firm Yulivy Easley Accounting Accountant Services Atelier Salon Hair Salon Maria Suarez Cosmetology Hair Apprentice Atelier Salon Hair Salon Valeria Quezada Cosmetology Hair Apprentice Beacon Chiropractic Hannah Fry Nursing Assistant Chiropractic Clinic Clinic Beauty&the Catering Alexander Kuhn Culinary Arts Catering Bistro Attendant Beauty&The Catering Christopher Tyler Hospitality Catering Bistro Tichacek Attendant Bram Partners Childcare Cassandra Ortiz Early Childhood Teacher Inc Development Bub + Beck by Retail Store Mark Perez Journalism Social Media Madison Taylor Management De Colores Childcare Sarai Olivares Early Childhood Classroom Childcare Education teacher DMC-SBDC Business Noah Cantu GIS GIS Intern Development DMC-SBIP Internship Arianna Rios Communications Marketing and Program Operations DMC-SBIP Internship Yulivy Easley Accounting Data Entry Program Duke Controls Industrial Thomas Garcia Industrial Management Management Elite CPA Firm Michael Castillo Accounting Accountant Bookkeeping Endless Styles Hair Salon Alexus Campos Cosmetology Hair Apprentice Salon &Boutique Fierce Advertising Khalid Alabi Marketing Salesmen Advertising Agency Jakab CPA Firm Savannah Accounting Accountant Accounting Firm Spanutius Juarez Financial CPA Firm Amanda Accounting Accountant +Tax Wojciechowsl<i Justice Inc HVAC Services Albert Gonzales HVAC Maintenance Justice Inc HVAC Services Dexter Jackson HVAC Maintenance Lolly's learning Childcare Estefania Aguayo Business Office and growing Administration Administration center Lunceford Tax CPA Firm Rebecca Peralez Accounting Accountant Holdings(DBA Jackson Hewitt Tax Service) Made In CC Retail-Printing Karina Benitez Business Sales and Order Creations Administration Creation *** Highlighted Businesses and Student-Interns are pending through the hire process*** Included in June-August numbers. Mi Mundo Childcare Cassandra Ortiz Early Childhood Teacher Development N Zone Sports Youth Sports Esteban Kinesiology Coach/Mentor Gonzalez Oceana Luxe Medical Spa Marilyn Jones Nursing Medical Med Spa Aesthetician Palacios & CPA Firm Elizabeth L Accounting Office Palacios Gomez Administration Palacios & CPA Firm Yaneli Diaz Accounting Accountant Palacios CPA Phoenix Rising Reality Rebecca Peralez Accounting Accountant Apartments DBA Ray of Sunshine Hair Salon Mariah Cantu Cosmetology Hair Apprentice Salon South Texas Retina Luis Deleon Nursing Front Retina Consultants Administration Consultants SSCI Payroll CPA Firm Bianca Aguilar Accounting Accountant Services Texas Realty Reality Firm Alma Martinez Accounting Accountant Exchange Texas Tech Audio Technology Jorge Jared Informational Tech Visuals Services Medina Torres Technology(IT) Representative Thomas Exxon Automobile Kristen Holland Disel Applied Mechanic Mobile shop/gas station Technology Tranbarger CPA Firm Erica Valdez Business Office Company& LLC Administration Administration Tranbarger CPA Firm Ariel Perez Business Office Company& LLC Administration Administration AMENDMENT TO THE AGREEMENT BETWEEN CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE DISTRICT FOR INTERN PROGRAM TO SUPPORT SMALL BUSINESSES The CORPUS CHRISTI B CORPORATION, hereinafter referred to as the Corporation and DEL MAR COLLEGE DISTRICT hereinafter referred to as Del Mar, do hereby make and enter into this amendment (the "Amendment") which, together with the Agreement for the Intern Program, which was approved by the Board of Directors of the Corporation (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the Corporation and Del Mar. I. Subsection (a) of Section 3, Grant, is hereby amended to add $15,000.00 to the maximum grant amount by deleting the subsection in its entirety and replacing it as follows: a. The Corporation will grant Del Mar an additional incentive of $15,000.00 for a total amount not to exceed of $130,000.00, which must be used to fund up to $7.25 per hour the salary for the interns during the Spring Semester of 2024, Summer Session in 2024, and the Fall Semester 2024. The Corporation and the Del Mar agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. APPROVED AS TO LEGAL FORM: Leah Olivarri Date President Corpus Christi B Corporation Jacqueline S. Bazan Assistant City Attorney Lys- I 7, (�Ocg y Lenora Keas Date Executive Vice-President and Chief Operating Officer Del Mar College District SC �o o� � AGENDA MEMORANDUM NeggPqftAY E Public Hearing and First Reading for the City Council Meeting of August 13, 2024 is 52 Second Reading for the City Council Meeting of August 20, 2024 DATE: July 15, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 3909 Laguna Shores Drive CAPTION: Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Ordinance rezoning a property at or near 3909 Laguna Shores Drive from the "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District to the "CR-1" Resort Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Applicant originally requested a zoning change to the "CR-1" Resort Commercial District, and consents to staff recommendation.) Planning Commission and Staff recommend approval. SUMMARY: To bring the property into conformity as a recreational vehicle park use with the additional use of boat storage. BACKGROUND AND FINDINGS: The subject property is a nonconforming recreational vehicle park use. The property owner expressed the desire to come into conformity via rezoning but also requested additional uses including boat storage a recreational vehicle park use, not permitted in the requested "CR-1" Resort Commercial District. Given the subject property's location within the Accidental Potential Zone II (APZ-II), the applicant reached out to the Community Planning Liaison Office from Naval Air Station Corpus Christi (NASCC). The rezoning request has been discussed with NASCC and reviewed by the Technical Review Committee to ensure the protection of the NASCC mission and prevent further encroachment into the APZ-II. To the north, properties are zoned "CG-2" and vacant. To the south, properties are zoned "RS-4.5" and "CR-1", and include water, vacant, and low-density residential uses. To the east is the Laguna Madre and to the west are properties zoned "RS-TF" and "CN-1" and include medium-density residential uses, as well as, vacant properties. The"CR-1" District allows commercial parking, indoor and outdoor recreation, office uses, overnight accommodations, restaurants, retail sales, auto rental, water-oriented uses, multifamily dwellings, community service uses, educational facilities, government facilities, medical facilities, and places of worship. The "CR-1" District does not permit recreational vehicle park use. The proposed rezoning is consistent with many broader elements and goals of Plan CC and consistent with the Future Land Use Map designation of commercial. Public Input Process Number of Notices Mailed: 25 notices were mailed within the 200-foot notification area and 3 outside the notification area. As of June 27, 2024: In Favor In Opposition 1 inside notification area 3 inside notification area 0 outside notification area 0 outside notification area A total of 2.91% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission and staff recommend approval of the "CR-1/SP" Resort Commercial District with a Special Permit and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) i. No more than 41 RV pad sites may be placed on the property 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan. 3. Military Compatibility Area Overlay District (MCAOD): a. None of the Recreational Vehicle pad sites may be located in the Accident Potential Zone 2 (APZ-II) in the Air Installation Compatibility Use Zone (AICUZ) of the MCAOD. 4. Lighting- Lighting must be compliant with the MCAOD overlay. 5. Time Limit: Per the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For: 7 Against: 0 Absent: 1 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Ordinance rezoning a property at or near 3909 Laguna Shores Drive from the "RS-4.5" Single- Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District to the "CR-1" Resort Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Applicant originally requested a zoning change to the "CR-1" Resort Commercial District, consents to staff recommendation.) 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 Zoning Map of the City of Corpus Christi, Texas; 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, THAT: 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 identified as Lot 10, Block 8, Tyler Subdivision, as shown in Exhibit A, from: the "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG- 2" General Commercial District to the "CR-1/SP" Resort Commercial District with a Special Permit. The subject property is located at or near 3909 Laguna Shores Drive. Exhibit A, a map, is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) i. No more than 41 RV pad sites may be placed on the property 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan (Exhibit B). 3. Military Compatibility Area Overlay District(MCAOD): a. None of the Recreational Vehicle pad sites may be located in the Accident Potential Zone 2 (APZ-2) in the Air Installation Compatibility Use Zone (AICUZ) of the Military Compatibility Area Overlay District (MCAOD). 4. Lighting: Lighting must be compliant with the MCAOD overlay. 5. Time Limit: Per the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 4 Exhibit A FRS-6 �RMH R o u N CN- 1 RS-6 CG-2 i o� ti �wC") RS- TF ��o SUBJECT Jz� PROPERT4Y RS-6 CIR, RS-4. 5 .ate RS-6 •S-4 5 SUBJECT ROPERTYsWITH ZONING Subject Property A-1 Apa—,Hauu Duct -1 LwnnedlrMusWlD.— A-1A Apavtmen,H—Di— 12 Light IMusmal D— *2 ApnM1mem House Dls 0 Heavy Indusrtvl D— An ^ '1' •a AB Pm/es—1 0l Di-me P11D Planned—Development AT Aya—Tounst Dlsu 1 R-lA One Famiy U,lllW D—M E-1 Nerghbmhpod 8—.,s Distr Y R-M One Family Dr 11,l D D— B-1A Neg bo hppd Baynes,D.— R-1G One Family Dwell Frp D-0 8-2 eayh ,Business PstrMl R-2 Mukipw Pweling uessntt 1 L Gamer Is,nne B--.D,—. RA die Family deeli.rg n— \ 8-J Business D— RE Reslde W Esu,e Dish,- TsU,.5CT B Busroess D.— R-TE Dw ,,D.— PROPER7y Bb PI'undn Busivreis amtt Sp ipL Permd B-0 Pmnary evsnr-ss-0 0-1 T-,A navel Trailer Part dservs ED eppuschnsts8eachf—qpD- T.:a Manures—H -P.tDI.— City of Fsri.HERE ' F-R Fain,R—D— r-c Ma.�oda�,rea wane sr,hams©r, Co IIputi LOCATION MAP HC HrSbrkalLwGnal Lane.Man D-1 C11,iSLi PreservalMn Page 3 of 4 Exhibit B CM <s oW - ? <�e= =a a - � Wt W 8= a W He = Ns - W �S =O Ln mW r Z z '® -J W < a _58, 6✓�m W Z x W s< LLJ _ ¢ gags i_z— IN � a < � a \ o m Tow z 30aiJ ' eels L -- — —— — — — — — — — — — —— — — — — Page 4 of 4 ZONING REPORT Case # ZN8186 Applicant & Subject Property District: 4 Owner: Toreros Group Applicant: Toreros Investment VI LLC Address: 3909 Laguna Shores Drive, located along the east side of Laguna Shores Road, south of Yorktown Boulevard, and abutting the Laguna Madre to the east. Legal Description: Lot 10, Block 8, Tyler Subdivision Acreage of Subject Property: 8.15 acres Pre-Submission Meeting: March 30, 2023 Zoning Request From: "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District. To: "CR-1" Resort Commercial District with a Special Permit Purpose of Request: To bring the property into conformity as a recreational vehicle park with the additional use of boat storage. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "RS-4.5" Single-Family 4.5 Water Water Site "CR-1" Resort Commercial Vacant Low-Density Residential "CG-2" General Commercial Commercial Commercial North "CG-2" General Commercial Vacant Commercial "RS-4.5" Single-Family 4.5 Water Water South Vacant Low and Medium-Density "CR-1" Resort Commercial Low-Density Residential Residential East Water (Laguna Madre) "RS-TF" Two-Family Vacant West "CN-1" Neighborhood Medium-Density Low, Medium, and High- Commercial Residential Density Residential Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County, Texas) Volume 67 Page 169. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is within the Accident Potential Zone II (APZ-II) (Attachment B). Code Violations: None Transportation and Circulation Designation Section Proposed Section Existing Laguna Shores "P1" Parkway 2 Lanes, 2 Lanes, Road Collector 80 feet ROW 65 feet ROW (Scenic Corridor) 40 feet paved 35 feet paved Transit: The Corpus Christi RTA provides service to the subject property via Route 4 Flour Bluff with a stop at Laguna Shores @ Yorktown Boulevard. Bicycle Mobility Plan: The subject property is adjacent to a proposed One-Way Cycle Track starting at the corner of Laguna Shores Road and Yorktown Boulevard, and along Yorktown to Cimarron Boulevard. Utilities Gas: 2" WS line exists along Laguna Shores Road. Stormwater: Minor roadside ditch along Laguna Shores Road. Wastewater: 10" CIPP line along Laguna Shores Road. Water: 8" PVC along Laguna Shores Road. 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Flour Bluff Area Development Plan (Adopted on June 22, 2021). 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 25 within a 200-foot notification area 3 outside 200-foot notification area In Opposition 3 inside the notification area 4 outside the notification area 2.91% in opposition within the 200-foot notification area (3 individual property owners) In Favor 1 inside the notification area (2.91%) Public Hearing Schedule Planning Commission Hearing Date: May 15, 2024 — Tabled, June 12, 2024 — Tabled, June 26, 2024. City Council 1st Reading/Public Hearing Date: June 25, 2024 City Council 2►,d Reading Date: August 13, 2024 Background: The subject property is a nonconforming recreational vehicle park use. The property owner expressed the desire to come into conformity via rezoning but also requested additional uses including boat storage a recreational vehicle park use, not permitted in the requested "CR-1" Resort Commercial District. Given the subject property's location within the Accidental Potential Zone II (APZ-II), the applicant reached out to the Community Planning Liaison Office from Naval Air Station Corpus Christi (NASCC). The rezoning request has been discussed with NASCC and reviewed by the Technical Review Committee to ensure the protection of the NASCC mission and prevent further encroachment into the APZ-II. To the north, properties are zoned "CG-2" and vacant. To the south, properties are zoned "RS- 4.5" and "CR-1", and include water, vacant, and low-density residential uses. To the east is the Laguna Madre and to the west are properties zoned "RS-TF" and "CN-1" and include medium- density residential uses, as well as, vacant properties. The "CR-1" District allows commercial parking, indoor and outdoor recreation, office uses, overnight accommodations, restaurants, retail sales, auto rental, water-oriented uses, multifamily dwellings, community service uses, educational facilities, government facilities, medical facilities, and places of worship. The "CR-1" District does not permit recreational vehicle park use. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals, and Strategies for Decision Makers: • Natural Systems, Parks & Recreation: Natural Systems, Parks & Recreation focuses on the protection and enhancement of natural areas and parks with goals to enhance water quality, preserve natural areas, maintain green corridors, improve green infrastructure, and expand public access to diverse, high-quality recreation opportunities. o Goal: Important natural areas are preserved and protected as usable habitat networks with ecological integrity ■ Strategy: Support ecotourism as a way to encourage and fund the preservation of the natural environment and wildlife habitat. • Economic Development o Goal: The tourist and convention industry has become an important part of the local economy, and the City has encouraged the development of this industry by protecting natural amenities and by promoting, where appropriate, man-made developments that will attract and serve the tourist/ conventioneer. ■ Strategies: Support the marketing of the tourist business through the continued implementation of strategic planning for promoting natural and man-made amenities to potential and existing tourists. • Future Land Use, Zoning, and Urban Design o Encourage orderly growth of new residential, commercial, and industrial areas. o Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. Flour Bluff Area Development Plan (ADP) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the ADP and FLUM designation of use commercial. According to the ADP, there are two factors to consider when designating land use, how land is currently being used and potentially could be used in the future. The UDC categorizes a recreational vehicle park as overnight accommodation in the commercial use category and FLUM designation for the subject property is commercial. However, Recreational Vehicle Parks are only permitted in the "RV" Recreational Park District. The use is consistent with the following from the ADP: • Support expanded and additional recreation vehicle areas to serve tourists. • Rezoning of the proposed commercial and/or multi-family land use near TX-358 (South Padre Island Drive) and adjacent to the Laguna Madre for recreational vehicle usage should be encouraged. • Zoning this area for recreation vehicles (RV) would take advantage of the natural resources of the Laguna Madre, excellent access to SPID, and would meet community objectives to minimize the potential for property losses in flood-prone areas. UDC § 6.5 Military Compatibility Area Overlay Districts (MCAOD) The areas in the MCAOD are designated as departure and approach paths and are exposed to measurable risk of aircraft accidents and the influence of increased noise. • Therefore, limiting the density of development and intensity of uses in such areas is necessary. • The subject property is located within the Accident Potential-II Zone (APZ-II). The APZ- II is within the Safety Subzone of the MCAOD and consists of an area that has a measurable potential for aircraft accidents relative to Accidental Potential Zone-1 or the clear zone. • Using the Standard Land Use Coding Manual, U.S. Department of Transportation, overnight accommodations can best be categorized as 15 Transient Lodgings. Transient lodging is not permitted in the APZ-II. UDC Table 6.5.3 Land Use Compatibility in Military Compatibility Area Overlay District Land Use and Density SLUCM Land Land Use Clear Zone APZ-I APZ-II Maximum Use Name NO. Name Density 15 Transient N N N Lodgings 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 many broader elements and goals of Plan CC and the FLUM's designation of commercial use. • While the site complies with the Unified Development Code's development standards with an available 3.78 acres of land out of 7.74 acres, more than half of the subject property lies within the APZ-II; reducing the density capability of the site. Within the APZ- II, recreational vehicle parks are categorized as transient uses and are prohibited in the APZ-II. • In determining an appropriate recommendation to allow the expansion of the existing recreational vehicle park, staff weighed the proposed re-development which is a 40-stall re-development to include amenities, support spaces, and an additional principal self- service boat storage use against the following: o Appropriateness of the request in proximity to Waldron Naval Outlying Landing Field (NOLF) o The associated APZ-II in the northeastern portion of the site and possible future enlargement of the AICUZ's current footprint o The vision that has been formulated for Flour Bluff o The compatibility of the proposed use with the surrounding properties and the zoning pattern along the Laguna Madre. • The "CR-1" provides for a variety of tourist and water-oriented commercial activities, retail commercial, and indoor or outdoor amusement uses, that reflect the character of a resort area with emphasis on establishing scenic and/or pedestrian corridors, walking and bike paths, amenities, and public open spaces. • The "CR-1" does not permit recreational vehicle use. • The "CR-1" is a recurring zoning district along the Laguna Madre, with most originating from the 1983 area-wide Flour Bluff rezoning, resulting from the 1977 AICUZ studies for NAS-CC, Cabaniss NOLF, and Waldron NOLF. • While the "RV" District is also fitting along the Laguna Madre, staff considered future revisions of the AICUZ footprint, and scale of the regulation (whole site versus individual stall) and observed that a commercial district would be more appropriate. • The site is appropriate, and the use is compatible with the surrounding properties. The subject parcel abuts the Laguna Madre, a Flour Bluff ADP-designated eco-tourism and water-based recreation destination. The Laguna Madre is where recreational vehicle developments are also being encouraged, and proposed mobility infrastructure has been planned to connect similar destinations. • To the north of the property, an existing non-conforming RV park development and Laguna Shores Road provide a physical buffer to the residential uses to the west. • Where immediately adjacent to residential use, staff considered that the park has been in existence for the past 20 years. • Transient lodging is not permitted in the APZ-II. • As with any zoning case, applicants are encouraged to engage with staff early in the rezoning process. After the Technical Review Committee review and discussion with the NASCC about the rezoning request and site plan, the applicant revised the site plan with no recreational vehicle pad sites in the APZ-II (See Attachment A— Site Plan). Planning Commission and Staff Recommendation (May 26, 2024): 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. The Planning Commission and staff recommend approval of the "CR-1/SP" Resort Commercial District with a Special Permit and the following conditions. 1. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) i. No more than 41 RV pad sites may be placed on the property 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan. 3. Military Compatibility Area Overlay District (MCAOD): a. None of the Recreational Vehicle pad sites may be located in the Accident Potential Zone 2 (APZ-2) in the Air Installation Compatibility Use Zone (AICUZ) of the MCAOD. 4. Lighting: Lighting must be compliant with the MCAOD overlay. 5. Time Limit: Per the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachment(s): (A) Site Plan (2nd Revision: May 21, 2024) (B) Existing Zoning and Notice Area Map (C) Correspondence: Community Planning Liaison Officer, NASCC (Updated: June 18, 2024) (D) AICUZ Map (E) Notice in Opposition (A) Site Plan Wd Revision as of 5/21/24 - ----------------I- I II , AICOZ BOUNDARY APZ-2 i I II k II � � 1 LAGUNA SHORES RD z oa a,m O NOTES:1. LAYOUT INCLUDES 40 TOTAL RV SPACES. SCHEMATIC SITE LAYOUT 2. THIS PROPOSED PROJECT IS A RE-DEVELOPMENT OF AN EXISTING RV PARK. FOR 3. THIS SITE IS SCHEMATIC.PRECISE LOCATION OF LAGUNA SHORES RV PARK RV SPACES,BOAT PARKING,OFFICE,AND ANY SITE AMENITIES SHALL BE DETERMINED DURING 7.6 ACRES TOTAL AREA THE DEVELOPMENT PHASE.IT IS THE INTENT OF THIS PLAN TO ILLUSTRATE GENERAL YQ R K ENGINEERING LOCATION OF PROPOSED RV SPACES. C CIVIL • PLANNING • CONSULTING 361-245-9100 I YOR%£NGCOM TEXAS ENGINEERING FIRH F-72063 PRUJECT NO.1D23-22-DI iD M23 BY YORK ENGINEERING.WL (B) Existing Zoning and Notice Area Map - 6 '-�,RMH �R 0 V 11 16 /f 15 14 CN- 13 S- 6 z C p 12 3 17 4 4 Gam $I16t1�fC�T sF J=Q PFtOPERfiTY 6 -67 22 $ 25 23 41 2€l 1 2 19 21 1r8 10 R 4. 5 9 RS- 6 V CASE. ZN8?8 6 tea, A wL Zoning and notice Area 5 RM-1 Multifamily 1 IL Llghl lnduslrlal .tr RN-2 Muldtamgy 2 IH Heavy lnduslrlal RM-3 Multifamily 3 PUO Plannad Unit Oev.Overlay ON Prolesaional Offl. RS-10 SinginFamiy 10 RN-AT Multifamily AT RSA Single-family 5 CN-t Neighborhood Commercial RS-45 SinglsFamlly 4.5 CN-2 Neighborhood Commercial RS-TF Two-Famlly CR-1 Resort CamrnDmlal RS-15 Single-family 15 CR-2 Resort Commercial RE Reside nbal Eslate CG-1 Gerreral Cammo-rdal RB-TH Townhouse CG-2 General Gommerdal Sp Speclal Permit CI Intensive Commercal RV Recreational Yoh kle Park CBO Downtown Commercial RMH Manafaclured Home CR-3 Resort Commercial -- FR Farm Rural H HistnrlcOverlay SUBJECT BP a-1i.ssPark PROPERTY sutyad Pmperey era MM 200'b ff 0 irr Faanr 4 oamer tw,200,kb don 0— C�itV f1[ tsii,HER-_ aria.doww,d plabor xmeaa�,ea+ Curpl.Iti CATION' -MAF3. �l1 lti[1 (C) Correspondance: Community Planning Liaison Officer, NASCC From: PaLi�,Beni®mrn L ffir]CN L94 NAVF C SE]A€fC ftlS�4] To: And-ewbrus [be�a l cc; wr,xtl r74,2:;nro ael-lt„e�EJ--Id ra_w.*,k MrJ',Nd Mlle subjr of REr Zoning Cem 2hMig 4 T&Te m 1nYni F!r ti kw Park at 38M Lnyme 9mre,&x1evard OULE: Tmndn,3u a 18,202A 8:A3:-q1 AM Attar meffm rugg-aC l.ar g rs r�,,.7+w.l urlrre.0% .4TT WOl.w... AMCCCO21tir [ [NVARNP G: External a-mail.Avoid clicking on lies or attachments_We will Yf VER ask for a password,useraame,payment or to take action from an email. 'When in doubt_please forw.and to SecurityAlert@cctexas.com. ]] Audrew. Received! I cor«viith no RV pads in the APZ and the removal of the four in the attachment. Also,I Crave a meeting today at 3:00 to discuss this property uiththe investor and builder. Ben From:Andrew Dimas[DevSvcs]<andrewd2@cctexas_com> Sent:TuesdaV,.une 18,2024 8:39 AM To.Po aw.3er amin L�Ben)CIV USN NAVFAC SEJAX FL(USA} cenyam in..pclak.civ us.navy.mil> Ca Michae Dice{michaeld3@cctexas.rorn>;Bria Whitmire<hriaw@cctex.as_corn>;Elena 3Lente I <:ElenaB@crGexasecom>;5aradja Registre<SaradjaR@cctexas_com>;Michael Miller ,:-ril er@tealcan.rom> Subject, [h,-;r-DoD Source] Re:Zoning Case ZN8186 Torreros Inve!;tments RV Park at 3809 Laguna `mores Boulevard Good Morning Sir, Just following up that you received the atta ch ment and confirming the hlavyistatf reconimendadon of no RV pad sites in the APZ- If I may be of further assistance. please let me know. Thanks, Andrew K. Dimas, Planning Manager Development Services Department(DSD) 2406 Leopard Street, Corpus Christi,TX 784D8 Main Line: (361)826-3240 (D) AICUZ Map y© J ROPE TY � SCE f CASE. ZN8186 � wn �3i N W r AICUZ 5 0 APZ-1 0 APZ-2 CZ �_. S UBJECT PROPERTY Cityof Corus Esri,HERE LOCATION MAP Christi ' (E) Returned Notices PUBLIC HEARING NOTICE CITY PLANNING COMMISSION REZONING CA No. ZN81W Toreros Investments VI LLC has petitioned the City of Gdrpus Christi to consider a change of zoning from the CG-2" General Commercial District and "CR-1" Resort Commercial District to the"CR-1" Resort Commercial District and not resulting in a change to the Future Land Use Map. Note: A portion of the subject property is within the Accident Potential Zone-2.The property to be rezoned is described as: A property located at or near 3909 Laguna Shores Road and described as Lot 10, Block 8, Tyler Subdivision, located along the east side of Laguna Shores Road, south of Yorktown Boulevard, and adjacent to the Laguna Madre to the east. 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, May 15, 2024, during one of the Planning f Commission's regular meetings, which begins at 5:30 p.m. at City Hall, in the City 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 p 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 ingl6s es limitado, habrA un interprete en la junta pars ayudarle. Para rn6s 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),Carpus Christi Unihed 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 zoninaCcr7.cctexas.com. Property Owner(s)Name: C�rr trcL 7syfs -�s y Address: d�� G ]ylOr � .�or Y,S � �t � Phone No: 3(,r-q(,3 ( ) IN FAVOR �G70 ( APPOSITION / A�K 1 500le-Aik%q sint �` a�4t1N oil }SEASONZ14/01 L� �j 1 N�dr���%a/�, LG/�?kri le /J 1 �ttls Na¢ice? [�lha da m t h-�ms --a bq Id, Signature S5 5 like- ,/ ,5 well loc,)er +Ku'd &+ oalties Planner Assign Fle aBuen Ilo (3(" e Gti✓ Email: EIenaB(@rctexas.co Phone-361-826-3598 INFOR Case No:ZN818 Prope7 PUBLIC HEARING NOTICE CITY PLANNING COMMISSION REZONING CASE No. ZN8186 Toreros Investments Vl LLC has petitioned the City of Corpus Christi to consider a change of zoning from the CG-2"General Commercial District and "CR-1" Resort Commercial District to the"CR-1" Resort Commercial District and not resulting in a Chan a to the Future Land Use MaL Note: A portion of the subject property is within the Accident Potential Zone-2. The property to be rezoned is described as: A property located at or near 3909 Laguna Shores Road and described as Lot 10, Block 8, Tyler Subdivision, located along the east side of Laguna Shores Road, south of Yorktown Boulevard, and adjacent to the Laguna Madre to the east. 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, May 15, 2024, during one of the Planning Commission's regular meetings, which begins at 5:30 P.m. at City Nail, in the City 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 limitado, habra un interprete en la junta para ayudarie. Para mas 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 conceming 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 zoning Cd)cctexas.com. Property Owner(s)Name: !Lu t Y\ 1K 1 i` \�� Address:_ V� 1 �•1 M � ��_ l� ^� 1 Phone NG:_ ( ) IN FAVOR (V1`OPPOSITION REASON: C- nature Planner Assigned.Elena Jiuenteilo Email:ElenaB Dcctexag.Com Phone:361-826-3598 INFOR Case Nc.ZN8186 Property owner lD: 18 PUBLIC FILARING NOTICE CITY PLANNING C:C7".1 ION REZt]NINC,CASE No EN8186 To�rrroe rn"strmots Yl LLC has t7lt wr.--j tre 0tY of Co+Pus has A ch tram Vie GCr-Y GarM[ 4 !DistHc #n�'CR-t'Resort tv+i ir!r r_ .a [1 pe r W Et C� ! ! 1 i re U ousLii _#choroa 2 the Future UDUA� UZ 140% A P 011111 tiLCt^:'•C+''! '�.'k"J"n H'±heT!ehe a�rr_� r`iI!-''�lFr.] ZrK�- Thrh prop-otty ti'3'l]C r4zu-r1�IS deser.PAt)S1'A 7 A plop-M poca!ad a1 ar naar 3909 Laglur*Shade Road arse! dose ribad as Lot 10 Mock 8, Tyler 5UWjvi1,Igai,1"4ted along the vast.aide of Laguna Shores ROMd, south of Yofktnwn lluk.Iavard.and adjacent to the Lap una Madro tO the aas r Please lkot the mapF on the te'f@fie side. 7hc Piannic.; Cornmasion trill cor&ct a 1p,&4 "avn 10 dist uSs Hnd .5�` �� for`,JI3te a '@GCt"e"*rvalto"I yo the C+t1r EC�ounpl.The p&;t 8h(v will be L.:7 r Yf •[9 - 7f :«net Gha+rWer-. 17-1 Le .1.3rc3:'at(ett.YSru er[s rr..r&A o anent r ^�ea'wv:O express Ywc rv€or)k*d this ret4;—Min l roCNov, :- ai The P..annim;Cornrrnaion fnuy recomfnernd to the City Coundl,&"(DVar►1 or Oontal. or awov*of an ntermediale zoning dasa)Scat°rs n ardtof S;A 6al ���•'}+�, Permit AprfCival 0? a CNrge of Zoning, if incon3intent wM!r tf'r0 C;.y's lJi �"�r-eta COMPeehenvie Flan, will also, have t1w ellect of am*ftng the Cornplvhensivr Par to fef1w the aprroverd zoning. For rnor**#Wfaa!,on' please cal(364)826-3240_ Pe sans Witt+dim. britses planning to r'er4 this r`fr`ctnq.who f-ay fequire 4 l saryr_es'sro regUeslM to owdact the City St?Cr, ry's Office 31 least 46 boons rn advaiw e.36J.826-3240, Si us?ed desea ding:^se 3l Conselo de Alwe y su ing*s i s limilado, haW un interpfete en Ia junta Para ayudarle Para mars intormacion, favor de llwna:a'De-partarmento dG ServiCaos die Desarrcallo (361) 026- 3246. fh }F15' 1m 40WOBNOt GGfriIMr4 a r t:-# f<1 SSz143a0n 3'a"ti1 he hd9 by A afFi'R1Gef r,r ftWljbOM of lb S at.M1"or ci&A,orb pence.by takes 7n+o Ca5'xb,� Jr Taaa61 To tit+on the reed,vft brm rrlust he 1tltiM C efrSrely via mait r,Q 1hv re�,af�l addren on th,.no'.4ce or via entail to zcafr ft Cdl s t.+arn, .,,:F�.-•�,+�u+raer;sj ttarrmc � "r�*I.11'�. �!�1 - - %F;. DR IN laAFa��iT.w —y5� •u., r�: — - -ter, A rasAI t'r'�:lrs1 irapQ¢t teas RG:Llr! Zoning Case ZN8186 The Toreros Group JW District 4 Rezoning for a property at or near z - 3909 Laguna Shores From the RS-4.5, CR-1 and CG-2 Districts(APZ- '� 'f To the CR-1 District with a Special Permit r .S SUBJECT PROPERTY A coy of CogxL Il.00ATION MAP ChrIA City Council August 13, 2024 Zoning and Land Use s Proposed Use: �RMM To bring the property into conformity as an RV Park °wa RV Ord 017506 use with the additional use of boat storage 1983 ADP (Area Development Plan): `N-' cc-z Flour Bluff, Adopted on June 22, 2021 Ord 017506 1983 �o FLUM (Future Land Use Map): s-r SUBJECT Commercial PROO PEUM s Existing Zoning District: Rs-s RS-4.5, CR-1, CG-2 (APZ-II) Ord 017506 Adjacent Land Uses: 1983 North: Vacant; Zoned: CG-2 R -4.5 South: Water, Vacant, LDR; Zoned: RS-4.5, CR-1 Ord 017506 Rs-s N East: Water 1983 t West: Vacant, MDR; Zoned: RF-TF, CN-1 P NOLF Waldron MCAOD Overlay Zones AICUZ YORkr Air Installation Compatible Use Zone 0 "�euo CZ Clear Zone APZ-1 Accident Potential Zone I APZ-11 syeJE, Accident Potential Zone 11 ��' PROPERTY s N �Q, t NOLF Naval Outlying Landing Field; MCAOD Military Compatibility Area Overlay District Public Notification S_s 25 Notices mailed inside the 200' buffer MH 3 Notices mailed outside the 200' buffer y°R ° V 16 15 14 CN- 13 Notification Area RS-s 2 Y 12 3 O ^ 17 Opposed: 3 (2.91%) 4 s�� SUBJEC T Separate Opposed Owners: (3) 5F �� PROPERTY 6 s -67 zz In Favor: 1 (2.92%) �3 25 20 1 19 zl 10 R -4.5 9 RS-6 N *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. \\ �� Staff Analysis and Recommendation • The CR-1 provides for a variety of tourist and water-oriented commercial activities, retail commercial, and indoor or outdoor amusement uses, that reflect the character of a resort area with emphasis on establishing scenic and/or pedestrian corridors, walking and bike paths, amenities, and public open spaces. • The RV use is fitting along the Laguna Madre. • Staff considered future revisions of the AICUZ footprint. • The site is appropriate, and the use is compatible surrounding properties. • Subject property abuts the Laguna Madre which is a Flour Bluff ADP designated eco-tourism and water-based recreation destination • However, in concurrence with NASCC, staff cannot support encroachment into the APZ-II — Protection of the military mission is an imperative. STAFF RECOMMENDATION: APPROVAL of the "CRA" District with a Special Permit. Site Plan with SP Conditions 1. Uses:The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: so a. Recreational Vehicle Park(UDC§6.1 Recreational Vehicle w � CRAPHIC SCAL iiiii� Park District) i / i. No more than 41 RV pad sites may be placed on the / property. 2. Master Site Plan:The owners shall develop the property by the attached Site Plan,Exhibit B. �} ! 3. Military Compatibility Area Overlay District(MCAOD): a. None of the Recreational Vehicle pad sites may be located in / the Accident Potential Zone 2(APZ-2)in the Air Installation Compatibility Use Zone(AICUZ)of the MCAOD. 4. Lighting: Lighting must be compliant with the MCAOD overlay. I - / 5. Time Limit: Per the UDC,this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted.This Special Permit APZ-II shall expire if the allowed use is discontinued for more than six consecutive months. g d �� �� `J�� PI•?OPERTY` f •''fie f � CASE: ZN8186 N WE Aerial View S Subject 12 Property SUBJECT 6 PROPERTY Cityof Esri, HERE Corpus LOCATION MAP Christi so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g� 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for Starlight Estates Unit 8 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: MPM Development, LP is developing 16.54 acres of single-family residential homes with approximately 50 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $393,888.30. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 16.54 acres subdivision named Starlight Estates Unit 8, located south of Yorktown Boulevard and west of Krypton Drive. The final plat was approved by the Planning Commission on February 22, 2023. The water improvements consist of 1 ,862 linear feet of 12" PVC pipe. The allowable reimbursement amount is $393,888.30. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission & Grid Main Line Construction Standards. The current trust fund balance is negative and will continue to be negative for the foreseeable future. Therefore, funding for this agreement is slated to come from future revenue sources. The project is eligible for reimbursement from the Water Arterial Transmission & Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Starlight Estates Unit 8 development. An alternative to utilizing trust funds to construct the water line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $393,888.30. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). 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 Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on February 22, 2023, to develop a tract of land, to wit: approximately 16.54 acres known as Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 16-inch 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 be constructed to its ultimate capacity under the City's applicable Master Plan; and 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 and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse 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 shall only be made when monies are available in and appropriated from the Water Arterial Transmission and 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 order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission and 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. 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 a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement") with MPM Development, LP ("Developer") for the installation of Water Improvement, including all related appurtenances, for the development of Starlight Estates Unit 8, Corpus Christi, Nueces County, Texas. 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 $393,888.30 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $393,888.30 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on February 22, 2023 to develop a tract of land, to wit: approximately 16.54 acres known as Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("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 be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid 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 §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 13 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. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this 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 it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1862 LF $120.00 $223,440.00 2 12" CAP TAPPED FOR 2" 2 EA $1,250.00 $2,500.00 3 12" TEE 6 EA $1,850.00 $11 ,100.00 4 12" GATE VALVE W/BOX 6 EA $6,600.00 $39,600.00 5 12" EL, ANY ANGLE 4 EA $1,500.00 $6,000.00 6 6" PVC PIPE 39 LF $80.00 $3,120.00 7 FIRE HYDRANT ASSEMBLY 3 EA $9,200.00 $27,600.00 8 6" GATE VALVE W/ BOX 3 EA $2,000.00 $6,000.00 9 DOUBLE OR SINGLE 21 EA $800.00 $16,800.00 WATER SERVICE 10 6" DIA X 30" PVC PIPE 9 EA $775.00 $6,975.00 NIPPLE TOTAL $ 343,135.00 7% CONTINGENCIES $ 24,019.45 11% ENGINEERING, SURVEYING, TESTING $37,744.85 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 13 LESS WATER ACREAGE FEE $ 11 ,011 .00 TOTAL AMOUNT REIMBURSABLE $ 393,888.30 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements less $11,011.00 lot/acreage fee credit is $393,888.30. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $393,888.30 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 13 f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1. C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: PMP Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 2. If to the City: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 13 City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 5 of 13 The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 13 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 13 must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 13 contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 13 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/citV- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 13 Remainder of page intentionally left blank, signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 11 of 13 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 13 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 13 of 13 EXHIBIT 1 PLAT OF STATE OF TEXAS $ STARLIGHT ESTATES UNIT 8 FINAL PLAT OF A 16.777 ACRE TRACT OF LAND,MORE OR LESS,A PORTION OF FLOUR BWFF COUNTY OF NUmES $ AND ENCINAL FARM AND GARDEN TRACTS,SECTION 24,LOTS 6 MRU 11.A MAP OF WHICH IS RECORDED IN 1LUME'A',PAGES 41-43,MAP RECORDS,NIECES CO.,TX WE,MPM DEVEAPM LP,HEREBY CERTIFY THAT PRE THE OWNERS OF THE LAND CORPUS CHRISTI, NUECES COUNTY, TEXAS EMBRACED WITHIN TIREE BOUNDARIES OF THE FOREGOININ G PLAT,SUBJECT i0 A LIEN IN FAVOR OF THAT WE HAVE HAD SAID HAW BEEN HERETOFORE AND pgiE PLOTTEp:OI/10/23 SUBDMDED AS SHOWN.THAT STREETS AND EASEMENTS HEREBY SHOWN HAVE BEEN PUBLIC BASS & WELSH ENGINEERING COMP.NO.:PLgi-SH2 MR ER 0,OR IF NOT PREVIOUSLY DEDICATED,M PRE HEREBY ES OF D➢i0 THE PUBLIC USE JOB NO:22004 FOREVER AND iNAi iN15 PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND TX SURbEY REG.NO 100027-00,TX ENGINEERING �+ SCALE!I'=50' Dmlcgnorv. REG.N0.F-52,3054 S.PIAMEDA STREET, PLOT SCALE:SANE �2, gff Qq,pT CORPDS CHRISTI,TEXAS 78404 SHEET t OF 3 LY THIS ME_DAY OF 20- �4�001 CJ,,ff���vy O� 0 750' 1500' 3000' MOSSA MOSTACHASI,GENERAL PARTNER OZ f(Q N�f OF y b. T SCALE: 1'= 1500' STATE OF TEXAS COUNTY OF NUECES R65 INS T RUMENT WAS ACKNOWLEDGED BEFORE ME BY M0554 MOSTPGHASI,GENERAL PPRTNEFR ? OF MPM DEVELOPMENT,LP. 4 y THIS THE DAY OF 20 STARLIGHT ESTATES R N O UNIT 6(NOT YET DEVELOPED) STARLIGHT ESTATES NOTARY PUBLIC. [N AND FOR THE T 7(NOT u STATE OF TEXAS "SITE YET DEVELOPED) (UNIT 8) OSO CREp LOCATION MAP 1=1soa STATE OF TEXAS $ COUNTY OF NIECES $ STATE OF TEXAS $ WE, (NAME),HEREBY CERTIFY THAT WE PRE ME HOLDERS OF COUNTY OF NUECES $ A uEry ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF ME FOREGOING MAP AND MAT THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERLY WAS APPROVED BY THE WE REPROVE THE SUBDMSION AND DEOIGTIDN FOR ME PURPOSES AND CONSIDERATIONS DEPARTMENT OF DEVELOPMENT SERWCES OF THE CITY OF CORPUS CHRISTI.TEXAS THEREIN EXPRESSED. LEGEND: BY: EPA A.WHITMIRE,P.E.,CM,CPM OE DRAINAGE EASEMENT TIRE: DEVELOPMENT SERVICES ENGINEER D.R. DEED RECORDS,NUECES CO.,TX DATE M.R. MAP RECORDS,NUECES CO..TX STATE OF TEXAS $ O.R. OFFICIAL RECORDS,NUECES CO.,TX STATE OF TEXAS $ COUNTY OF NUECES $ UE UTIUTY EASEMENT COUNTY OF NUECES $ THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), BEHALF OF ME CITY OF CORPUS CHRISTI,TEXAS BY ME PLANNING COMMISSION. BOLES (TIRE),OF THIS ME DAY OF 20— 1. ENE RECEIVING WATER FOR ME STORM WATER RUNOFF FROM THIS PROPERTY IS ME OSO CREIX.ME TCEO HAS NOT CLASSIFIED THE AOUATIC UM USE FOR ME OSO CREIX,BUT THIS ME DAY OF 20� IT IS RECOGNIZED AS AN ENVIRD-04TALLY SENSITIVE AREA.THE OSO CREEk FLOWS HPMRAN ZARGHOUNI AL RAYMOND,III,NA DIRECTLY INTO ME OSO BAY.ME TCEO HAS CLASSIFIED THE AAUATIC DFE USE FOR ME CHAIRMAN SECRETARY OSO BAY AS'EXCEPTIONAL'AND'OYSTER WATERS"AND CATEGORIZED THE RECEIVING WATER AS"CONTACT RECREATION"USE. NOTARY PUBLIC, IN AND FOR Plat approved.2/22/23 2. TIE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID,SOUTH ZONE,HAD 1983. THE STATE TE OF TE RNS STATE OF TEXAS $ 3. FEMA INFORMATION AS SHOWN OR NOTED HEREON IS FROM FEAR MAP,COMMUNITY PANEL 48355C0540G,REVISED PREUMINARY MAY 30,2018.ALL OF ME SUBJECT SITE IS IN FEMA COUNTY OF NUECES $ ZONE X OTHER FLOOD AREAS AND FEW ZONE X OTHER AREAS EXCEPT A PORTION OF ME SITE IS IN FELLA ZONE AE(EL II)AS INDICATED. I,KARA SANDS,CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, 4. STATE OF TEXAS $ ♦. LAICAL IN A 16.777 ACRE TRACT OF LAND,MORE OR LESS,A PORTION OF TH DO HEREBY CERTIFY AT ME FOREGOING INSTRUMENT GATED MEFLOUR BLUFF AND ENCINAL FARM AND CAREEN TRACTS,SECTION 24,LOTS 6 THRU 11,A COUNTY OF NUECES DAY OF 20_WITH ITS CERTIFICATE OF $ MAP OF WHICH IS RECORDED IN V."A,P.41 -43,MAP RECORDS,NUECES CO..TX. I,NIXON M.WELSH,REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS h WELSH 5. THE TOTAL PUTTED AREA CONTAINS 16.777 ACRES OF LAND INCLUDING STREET ENGINEERING,HEREBY CERTIFY THAT TIRE FOREGOING PLAT WAS PREPARED FROM A SURVEY AUTHENTICATION,WAS FILED FOR RECORD IN NY OFFICE THE DAY DEDICATIONS. MADE ON THE GROUND UNDER MY DIRECTION,IS TRUE AND CORRECT AND THAT WE HAVE OF 20_AT O'CLOCK�M., 6. THE YARD REQUIREMENT.AS DEPICTED,IS A REOUIREMENT OF THE UNIFIED DEVELOPMENT BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CODE AND IS SUBJECT i0 CHANCE AS THE ZONING MAY CHANCE. CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. AND DULY RECORDED ME DAY OF 20_AT 7. ALL DRIVEWAYS SHALL CONFORM TO ACCESS MANAGEMENT STANDARDS OUTLINED IN ARTICLE THIS THE DAY OF 20 O'CWCK-M.IN THE MAP RECORDS OF SAID COUNTY IN 7 OF THE UDC. VOLUME_PAGE�NSTRUMENT NUMBER 8. SET 5/8-IRON RODS AT ALL LOT CORNERS WHEREVER POSSIBLE OTHERWISE SET CHISEL WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID MARKS IN CONCRETE OR NALS AT LOT CORNERS.ALL IRON RODS SET CONTAN CAPS NIXON N. MELSH, R.P.L.S. COUNTY AT OFFICE IN CORPUS CHRISTI,NUECES COUNTY,TEXAS,THE DAY LABELED BASS AND WELSH ENGINEERING. AND YEAR LAST WRITTEN. BY: DEPUTY KMiA SANDS.CLERK COUNTY COURT NUECES COUNTY,TEXAS STARLIGHT ESTATES UNIT J, V.%X,P.%X,M.R. a3- 561°17'42"E 1499.14' sruV GHT ESTATES UNIT 7aq , !T1 10 V.%%,P.%%,M.R. 561.27'02"E I,a y GO 170.00' OG tt �z 1 z N Z 1 2 5 4 5 6 I 2 8 9 10 � I _J L -- -- =2, ----- --- ---------- --- --- --- ------- - ---- ---- ---------- ---- ---- ---- Z + 120.00' S'UE 30 30. 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Nay 08 ma.s, N57'55'11"W 941.13' §§ mEIR LE1RR wt1R11li IF I ii7iii OSO CREEK tHBR 1Erm1 DATED 1P/7/i1 LEGEND: CURVE DATA DE DRAINAGE EASEMENT D.R. DEED RECORDS,NUECES CO.,T% Do-565.0' n=16520' ©0-270.00 n=0]'S00 n=26'44'2fi" T=3B.200 R=585.00 R-17.2S R=120.00' R-485.00' M.R. BIPP RECORDS,NUECES CO.,TX T=30.26' T=53.80' T-I J.23' i=9.22' T=115.28' L-]8.40' L=10].28' =]4.42' =-1' -22fi.35' O.R. OFFICIAL RECORDS,NUECES CO.,T% p 25' Sp' In,CB=14-16'12'. C-14-S0'34*W CB-S32'21'26'W CB=N54'00'06'1Y CB=S72'46'24"E CH-76.34' CH=107.12' CH=34.40' C11=16.40' CH-224.30' UE UPIJTY EASEMENT OA-73'03'16' �E G=0E33'4]• HO p=08'OJ'30• �K d-O]'04'44" N�A=9]'22'S9" SCALE!1•=50' R=15.00' R=480.00 R=}]0.00' R=200.00 R-15.00' T=11.11' r=35.93' T-23.44' T-12.37' T=15.91' L=19.11' L=JI.J3' L=48.80' =24.J1' L-24.45' CB=S65'04'36'W CB=rv55'OJ't9•W CB-N32'4fi'03•E CB-S54'' '50"E CB=S]5'2}'20'W CH=1].Bfi' CH=JI.88' CH=48.J8' CH=2a.69' CH-21.83' R--SI 5.0054 OF R 95'08�58• 0 R--8150050• ©4=08'3}'43" R=85.00.0}• T-R51' T=15.85 T=14.21' R=400.00 i=14.14' P LAT O F =25.87' -24.39' L=22.J5' T=29.94' =22.fi8' =59 5' STARLIGHT ESTATES UNIT 8 CB-N20'S1'59'W CB=IS 735'Ol'W CB=NOB']J'36'w CB=S55'0]'19'E CB=NI V36'W)N CH=22.J8' CH-ZI.J9' CH=20.63' CH=59.J2' CH=20 19' CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING - T TX SURY REG.NO 100027-00'TX ENGINEERING - REG.NO.F-52,3054 S.ALPAIEDA STREET, CORPUS CHRISTI,TEXAS 78404 v 0 0 N STARUGHT ESTATES UNIT 7, S61°17'42"E 1499.14' 3 V.XX,P.XX,M.R. p N S61'18'10"E I 2 } 4 s 8 J O B 9 10 II 12 N 185.00' 21 5'UE 5_UE ---- -MEW- ---- ---- ------- 85.00' ]8.00' S'uE 78.00' J8.00' JO' g 5'UE 1 2.00'--$ 8 m 6250 SF ,mn o ry o o 24 ry^ 23 m 22 N81'IB'tOV! e w S61-18.10"E --'aryTQ+-- 135a8 SF d 13907 SF m m 14288 SF m R0 m 19 m 109.33' n 125.00' N n� r na �m 14624 SF fP 14983 SF m„ 18 `"� n n n�$ u§ -�-- N n ry m it 15342 SF tJ �m J228 SF o f f $ Y 8250 SF �o l n�' 16489 SF \\III O m ry m Iry S61'18'10'E �N ut f -r W 3'63'18'10'E n N m Q 25.00' II d 25'YR FEW ZONE% tOB.30' m z N 29 8250 SF w m _ 5'EE 78.ta OTH AREAS N N fi J981 SF\ m ry S81't6'10'E K ------ -J8.14' _ 78.14' 25'YR c n Iz n 125.00' _78_14' -I 2y e NST55'111Y J8.14'// _ 82.07' S'EEJ L-10VE ¢¢``" 30 30. Try 5692 SF = p 93.55�Y -I O - 5'EE f z Z Fpp�ZON�E X _ _ _ W H 9THER FLOOD _ _ _ R�m NO -- - SST55'I I'E J52.98' !'PP N5T55'11 111.08' f� FEMA ZONE - _ _�_DSO PARKWAY Q � 1 - - SST55'11'E 15 V v __FE_NA ZONE%OTHER FL000_ PAS_RE _ - - 55.48' -)5.00 S'EE - - FENA ZONE PE(EL I I) J _5�Z- )5.00 - _�-- _ _ 85T55'11 9'1= 10.81' ^ VI 5.00' 25'YR 85.00'------ 5'EE - - _ ` z 85.00' 75.0a'- ]5.00 - ]5'YR 75.00'- --75.Op• 1J a$ 14 ig 15 ag 18 m• 17 ]5'YR- J ,� 11250 SF ut 11250 SF P N 11250 SF r a II250 SF e$ 12711 SF 'a 19 O1 a 20 125' nN 12750 SF $g 11250 SF <6' 21 ?$ 22 11250 SF H13435 ISO m 11250 23 24 SF H,� 11250 SF ` I JaJS SF J5.00' 2� J5.40' 1_LE-- - - m J5.00' 75.00' -- J5.00' 10'uE - N57°55 1 1"W 941.13' 10'u� � "" J5.00' 10 E 94.00'- 59 I JI 5 CURVE DATA 0 A=93'22,59" R-1s.00 T=15.91' PORTION LOTS 9,10&11.SECT 24, UMIT OF WETIANDS ALONG NE L-14.45' LEGEND. FB&EF&Gi,V.'A',P.41-a}, BANK OF OSO CREEK PLOTTED CB=575'2l'20'W M.R.,MPM DEVELOPMENT.LP., FRO N C OF E COORDINATES yU CH-21.83' DE DRAINAGE EASEMENT REMNNDER OF 126.079 ACRE TRACT THEIR LETTER DATED II/17/21 OO 4=8637'03" DOC.NO.2017045883.O.R., R-15.00' D.R. DEED RECORDS,NUECES CO.,TX APPROXINENTLY 19 ACRES T=14.1V =22.BB' M.R. MPP RECORDS,NUECES CO.,TX CB=N14'36'41'W Cn=20.58' O.R. OMCIA-RECORDS,NUECES CO.,TX UE UTILITY EASEMENT OSO CREEK PLAT OF STARLIGHT ESTATES UNIT 8 25�' CORPUS CHRISTI, NUECES COUNTY, TEXAS SCALE!I-50' DATE PLOTTED:0-11/23 BASS & WELSH ENGINEERING PLAT-SH3 AS PLAT JOB MG:22004 VEY TX SUR REG.NO 100027-00,TX ENGINEERING SCALE t'=50' REG.NO.F-52.W54 S.ALAMEOA STREET, PLOT SCALES SAME CORPUS CHRISTI,TEX 78404 SHEET 3 OF 3 EXHIBIT 2 t QQC Agreement A11312lication Date of Application: 1-16-24 Type of Agreement Requested: Deferment [ ] Reimbursement [A Participation [ ] Approved Plat Name: Starlight Estates Unit 8 Public Improvement Type: Water Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $390,509.67 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [4 Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applica ignature & Title Submit Application Electronically to: contra ctsandaareements(a)cctexas com Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 N ^ o 0 z w -c a r z m =z k2 Q is Ind Ind u O � s.. 4 S b L/V yyf tt � G � i 'i w Ind � � � - at d E E ? fi5 tl €J G u h a � ❑❑ G o 296 P 4- a x 5 Ow- 4 % Go L 3 U N P—TN s ,a how w G � 3 � 5 k GSA 9 " Arc .$ z " g - oo a ':v coc000a000 a o.o rvarvaoaoaoa aa000 a0000 z o Narv.urvairvrva8a «N .�., 0 -5, -4 LiqW-13 I 2�4 _33H5CNIM-,_IOA NH aArN_Nr)O Gq+L,'IS 0 9NJMCJJ, Nil 03f1NLINC,', vl- 7-1 1 HL W 4 11H II 7 1 II ti 'TII 21 III SI II z 77' --- --- ----- 3,,tZ,ll.PZN Z6 0- 11 ` yeeaay. s _ ^k yv�3 3 a Fi3 — I (a3NN_L�)£MDa ob]a AadYLS J� _ � — r _ +n; �f La3s ♦c vx ins az 173� a� —_ _ _ _ _ _ _ _ xcd 3nervrcaa�i..3a�M,kzi l 3 �+ N z i o ca I I w r 5 } z 1 1 v _ 1 ^�lo71, — 1G II + � x _ of I I �A I ti` 1 ' - - - 1 I �I _ I !� I : c I �I r JJ l� I Ord �six r II 1 Lo a ,a _ r I 1 1 9+L. 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S S 9 s S Epa9 € a*wa d,v StlX31 luawyoaao SlItl130�0NrONr15 tl31VM uyn p Fp euStlX31 lueWy�� = 5�ry130 OtlOtlNY1S tl31rM p SI151NH0 5lIdN00 to AllO • a g C I151UH0 SIIdNOJ to AlIO • tlp b m4 IRN l �i a#kfo �d @II aE <P$ $! ®d.4,a 4!%ell,'1 o Y4 g§eg g gm s gg g S �p p i III €g 9 g �@ €� �, � SP� s�g tlP'•3g� .g gggtg a ci �A39 m gx �� ppd a 9a ,38 g gg a °i gNo ga{{ Ei K 9 3 S 41 m 3 € zr E f$gg m� S P g h gay Jul g€ g €€ 1_ €m Se mp i� r! igg & m 11Y pe wg € 5 q @p$ € S p,pg P al1, pt Ig g € y,Pi Y8 ffi g € 0g Ec g¢ Y 0 § g 8�a m Se °se €4 s p aei �a 4� °YY h5 S a aF 4 E p a Y @Se h s S 8 8 gH9 3 9m� � � 9 g g g 9 � � � €��m^ ,� � ad�xa S €�e9 gSqgSW �i ��d§ it �s 7 S Y p € a& €gs F e f m e 9 S Pam s i e � ap 4 �ed��b98€ �BRES"d�i € P'@ kk k€B"pe2 C% CE9 3Y3I 3�@ 3054Pv 4$Ed 3 dE456 d�i3 �€3! 3@ 3 AP5@4 .p YS F Ell 4 L I A EXHIBIT 4 Exhibit 4 BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 3054 S Alameda St. P.O. Box 6397 1/15/20241 Corpus Christi, TX 78466-6397 STARLIGHT ESTATES UNIT 8 GRID MAIN WATER REIMBURSEMENT ESTIMATE WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1862 LF $ 120.00 $ 223,440.00 2 12" CAP TAPPED FOR 2" 2 EA $ 1,250.00 $ 2,500.00 3 12"TEE 6 EA $ 1,850.00 $ 11,100.00 4 12" GATE VALVE W/BOX 6 EA $ 6,600.00 $ 39,600.00 5 12" EL, ANY ANGLE 4 EA $ 1,500.00 $ 6,000.00 6 6" PVC PIPE 39 LF $ 80.00 $ 3,120.00 7 FIRE HYDRANT ASSEMBLY 3 EA $ 9,200.00 $ 27,600.00 8 6"GATE VALVE W/ BOX 3 EA $ 2,000.00 $ 6,000.00 9 DOUBLE OR SINGLE WATER SERVICE 21 EA $ 800.00 $ 16,800.00 10 6" DIA X 30" PVC PIPE NIPPLE 9 EA $ 775.00 $ 6,975.00 TOTAL $ 343,135.00 7% CONTINGENCIES $ 24,019.45 11% ENGINEERING, SURVEYING, TESTING $ 37,744.85 LESS WATER ACREAGE FEE $ 11,011.00 TOTAL AMOUNT REIMBURSABLE $ 393,888.30 EXHIBIT 5 I Exhibit 5 Pixy ofCorp.4s Cbristi,m TexaK } D-pw cnt or Devwlopmenl Services City of P.O.Box 9277 C'nrpns Christi,Texas 73469.9277 Corpus at: 2 06 Le 40 _ •7 Located at:2�tOG Leopard Street R'Now ='C h ri st1 `Conrer of].caparti St,and l ax Ave.) «� '1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA"_ NAME: MPM DEVELOPMENT, LP STREET; P.O. BOX 331308 CITY- CORPUS CHRISTI ,p: 78463 FIRM is: ®Corporation A Partnership ❑Sole Owner ❑Association A Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm", Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board,Commission,or Committee Mossa Mostaghasi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership in the above named"firm". Name Consultant NIA N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas/ads changes occur. � Certifying Person: MOSSA MOSTAGHASI Title: GENERAL PARNTER (Print) Signature of Certifying Person: T f Date: 8-18-23 IG'`97F;VELOPl1EA'i"SVCS1SN.gR{'.f)'+I-4:dD DEVLLOPMENT,ORDINANCL AWNUNIST AI-10N:APPI.ICA710T FORM&PORNIS AS PER LEGAL,2011131SCLOSURE OF INN EKESTS 3TATE1,1ENTi.27.)2.1JOC Water Arterial Transmission & Grid Main Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). City Council August 13, 2024 Location Map ti. 0 s00 bOKwi Location Map Starlight Estates Unit 08 ft*o,ea a-wmer Imp--ni hft suuaure _ i sugraewea.ry �C.10NnU!a'U�vda4r�tl Sep ' � w 2 Total Reimbursement Estimate WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1862 LF $120.00 $223,440.00 2 12" CAP TAPPED FOR 2" 2 EA $1,250.00 $2,500.00 3 12" TEE 6 EA $1,850.00 $11,100.00 4 12" GATE VALVE W/BOX 6 EA $6,600.00 $39,600.00 5 12" EL, ANY ANGLE 4 EA $1,500.00 $6,000.00 6 6" PVC PIPE 39 LF $80.00 $3,120.00 7 FIRE HYDRANT ASSEMBLY 3 EA $9,200.00 $27,600.00 8 6" GATE VALVE W/ BOX 3 EA $2,000.00 $6,000.00 9 DOUBLE OR SINGLE WATER SERVICE 21 EA $800.00 $16,800.00 10 6" DIA X 30" PVC PIPE NIPPLE 9 EA $775.00 $6,975.00 TOTAL$ 343,135.00 7%CONTINGENCIES$ 24,019.45 11% ENGINEERING, SURVEYING, TESTING $37,744.85 LESS WATER ACREAGE FEE $ 11,011.00 TOTAL AMOUNT REIMBURSABLE$ 393,888.30 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. r a Approximate Limits of ,J Starlight Estates Unit 08 0 200 400 Feet I i I I I Location Map Starlight Estates Unit 08 i F IA 43 LL Proposed 12" Water Improvement Infrastructure LIMITS Subject Property -he City of Corpus Christi makes no warranty.express or implied,including warranties of merchantability and Project Number: 15487 --itness for a particular purpose for the enclosed data.Use of the information is the sole responsibility of the user. The material comes from a variety of sources.We do not control or guarantee the accuracy,relevance, Date: 2f8I2Q24 timeliness or completeness of any information. While we endeavor to provide timely and accurate information, we make no guarantees. Department of Development Services By use of this data user understands and agrees to information above. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for Royal Oak South CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141 ,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141,108.94 to reimburse the developer in accordance with the agreement. (District 1). SUMMARY: MPM Development is developing 20.261 acres of single-family residential homes with approximately 115 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $141,108.94. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 20.261 acres subdivision named Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection. The plat was approved by the Planning Commission on November 1, 2023. The water improvements consist of 365 linear feet of 16" PVC pipe. The allowable reimbursement amount is $141,108.94. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Grid Main Construction Standards. The project is eligible for reimbursement from the Water Arterial and Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Royal Oak South subdivision development. An alternative to utilizing trust funds to construct the water arterial transmission & grid main line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $141 ,108.94. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $141 ,108.94 to reimburse the developer in accordance with the agreement. (District 5). 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 Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141,108.94 to reimburse the developer in accordance with the agreement. (District 1). 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 20.26 acres known as Royal Oak South Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for 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 be constructed to its ultimate capacity under the City's applicable Master Plan; and 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 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 order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and 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. 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 a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the installation of a 16-inch water line, including all related appurtenances, for the development of Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. 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 $141,108.94 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $141 ,108.94 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 1, 2023 to develop a tract of land, to wit: approximately 20.26 acres known as Royal Oak South Subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("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 be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid 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 §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 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. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this 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 it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 16" PVC PIPE 365 LF $220.00 $80,300.00 2 16" CAPPED TEE FOR 2" 1 EA $500.00 $500.00 3 16" EL,ANY ANGLE 4 EA $3,500.00 $14,000.00 4 16" x 8"TEE 1 EA $3,500.00 $3,500.00 $98,300.00 11% ENGINEERING, SURVEYING, &TESTING $23,128.60 7% CONTINGENCY $14,718.20 SUB-TOTAL $136,146.80 2% BOND $4,962.14 TOTAL REIMBURSEMENT 1 $141,108.94 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 12 d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements is $141,108.94. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $141,108.94 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 12 that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1. C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 5 of 12 b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at 1ttp://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 12 EXHIBIT 1 PLAT OF III Tq INIJ F TEINS STATE GMIXEO wNUEC THE IDD 2.PAIE ROYAL OAKDLESSOUTH F Al e COUNTY OF NGECE2 AITIGJI I G11HE 11FE 1NAAD A°MA11 FLw...P. o..RFDLoNNDL, �I2R DR AT ME' N—El IIINT Do E. OF THAT ADTNOHATT w2 AI I T PPG sO IEnI IO NDDEDI�,TION.A,SHOWN HAVE BEEN ZIE'12VIPICBER, CORPUS CHRISTI, NUECES COUNTY, TEXAS N THIS THE DAY OF ,2G . LEA TRAIL MHANA GS GH sI.PRESIDENTo SATE IF TE,s DOINTY OF NIEIEN D SITE" I'A INSTRUMENT WAR AM GI PROPERTIES Ye RNOwLEIceD eEFOIE ME ev Massa MOSacunsl.PRESIDENT aF 0 250' 500, 1000, THIS,F. PAY CD scaLE.r=soo LDCATION MAP AND FIR THE 1"=50ol SITE OF TEIAS § COUNTY OF NUECES § THIS THE DAY OF .20 SATE of TExas N DN„ AELSH, RPLs. CIINTIOFNUECEF Q BASS & WELSH ENGINEERING HT PE THE FNALFLATIF THE IT AIN BE..RED PONPEITY WAS TX SURVEY REG. NO 100027-00.TX ENGINEERING DEPARTMENT IF DEVFLa.ME NT sE RVICEA OF THE CITY IF c.RPus APPOAPED,11 THE TE REG. NO. F-52, 3054 S. ALAMEDA STREET, E CORPUS CHRISTI, TEXAS 78404 NIIET T IF L 1-1 IF TE AS DATE LEGEND YNINTY IF NIED11 s (NAME).HF DE DRANACE EASEMENT YF APPROVE THE—DIVISION AND DEDIceTION EON THE PuRPosES AND CONSDERATIDNs TFAH STATE IF TExas § D.R. DEED RECORDS, NUECES Co..TX THEREIN EIPRESSED. MINTY IF NIEOEC sf br. BEHALF M.R. MAP RECORDS, NUECES CO.,TX OF THE cItt of co RPus cHRISTL TEAS BY THE PLANNI NO CDMMI"NN. D.R. OFFICIAL RECORDS,NUECES CO..TX TILE. 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' . s. 071 ss.oo' so.00' I o'uF so.oo' s0.oo' sa.00' S89°]2'33°W 1730,29'� IURV UURVE DATA 2 a05, Al 56Z Ev 0 25 50 I00' ©1- On=90°00�10' L R=10.00' _ =10.00' SCALE.1'-so' L-15.71 = a E = s E. DE-N05"a]'1F'W roved the Plennln CH=20 72 CH=a2 04 GH=Ia 1a' av by e PLAT OF Commlsslon on November 1, O o=2a'3s's8" On 90*00 00' sosa ROYAL OAK SOUTH R=21 00' CORPUS CHRISTI, NUECES COUNTY, TEXAS =21.80' L=a2.9a' LB=N13'05'26'W = 2 E. B,4$S & I�IOLSH EN CiNE ERN G -8R2 LH=a2.61' CH=]a.]a SE _ E E NO 1-11 IIN 11 IF 1T of o 111T N➢RTNWE ST LRDSSIN6-T A > I V 60, P. B52 b 853,M.2. 4 ION,a/c wuk � N ]9 ]8 1 16IGl4 13 IFC N PIC NAIL Div(6oTu 4 vn11 It/c wuk N89-1 '48"EI." __ 110 E).1 INCII woks(TIP) a/c aEaoEa c ---- (eo*n smEs or sRaEG sn.oa'-so-aa- -T3➢. -sz.vz= ter. a'_=l 0 / EA AFlEESW BEH a a�/svTy11 eE 11 9 wc1 ae 7593 SF TIN I-IN111 eENIII 16 6so1 SF o 9 sash s 10 CIA_Ta e "NO caa 1944 SF s04 �� TYPICAL STREET SECTION av A50' POW eI a g ➢Nv CURVE DATA rn1 eo�R i- s e���,a 05 GF R D--9a-oo'00' re-a/.o0 1 0 so.0a's EE sa.oo' 11.1e_i �A> s O - 'IC o.oo' -s 1r-1s.00' T-10.00' 1=130.11' T=]s.01' S89°12'33'W a12.10' O 21 B640 SF J CC A'5-�11'33'E LD-N45844'12'W CD�N45,46'45'W OF YENNE FER➢R1 VE 1m - CH-14.14' CN-09.83' CH=21.22' N69-12'33"E 960 oo o sag°1r 33'w - DI D-9o°00'00'" eas 9aae^ N89.18'33'E ROD.0o' 1 R=1 o.ao' sa.oo' sa.oo's EE as.o��25 221 s.P6' =1 00 '=13,E3' 0/ - CB�N45 4T'27 W CDS19 50'21"W 20'Y6 6333SF 00 CH=]4.14' CH=24.82' 15' (ro q� O y i09'12'33"W O D-41°2s'11' O D=a9'Sa'31' FY 1a O 130.00' R=3 99' R=14.99' 16 11 6500 SF o a 1128 SF�N to - 23 --of -- L=2s.30' CN�2152] 5 W ABAN00NE0 ACCORDING i0 i%RR E _III 6500 SF CB�68'29'S4'W - ENTERPRISE PRDDUCTS PIPELINE APPROX _ --- - 20 CN=24.16' ON TH E m Sa9°12 33"W COUNCIL,OPP NO 01 aoc No. y w 0N50.0 50.00's'UE Ss.00'� �� 6500 SF -Coo o.a. LOT k b 6, NDR T AC oln o FD 5/B'I.R. N CCOS CHUR so o' Sa9 1z 33'w suc, S�o Sa9"12-33^w ��f N N89'12'33'E A 660.00' 4 N FD a/a'1.e. 0 _ �p N 130.000 00' -5�0- 50 00' S0,119'--5f1y00_ 50 QD' 50`0'--50 00_ 50.0 45�g0' 21 21 6soo SF o�1128 SF o 0 O� � o 630000 S of o 29 31 ..� 33 35 -� 0 31 493 0 0 'UP 99 1 � o u 0 28 0 0 32 34 0 50 950 SE 5500 SF >5500 SF a 5500 SF >55001 SEo p 5-S( 15.0 a ssoa SE s500 SEo ci4'3 SE a 49s0 SE 4 ➢o o cT v 1 N �594o S R2 � � oW o� m o 8 e251 sF D F �_ z0'vR z so.00 sa.ao's EE 4s.00'� es zs 10'vR/uE s0.oo' s EE sa oo' so.oa_ so. - so.00 sa oo_ so.00' so.oo's EE as.00' 10as.oo' as,00'o a9.sa _ 0 O 120.00' S9°J2'33'W 890.00 D E Sa9°12'33'W 154.96 8 _ _ _ _ _ _ _ _ _ Cl N 89°11'33'E 960.00 6ERALT DRIVE N09°1233E 81 a.95' OF -- - N89°12'33'E 1204.95 N - - 3 _ N09°12 33"E 1144.93 _ -- N O O Z Sa.00' S0.00'S'EE 50.00' S0.00' S5.00' S0.00 50.00' S0.0 50.00's'EE 50.00 0.00 s0.00' S0.00' s0.00 50.00'S'EE 50.00' S0.0 50.00' 40.93 ml 20 o O - YR 4 5400 SF_ 5000 SF 10 o 13 is 500105F o 00106 S 011 19 SF s00P SF 50 020 1 SF C J2 0 IF 0 SF 5000 SF p 5000 0 5000 A o~ rn O � �ssa_sFJ'➢ aa -0-0 5e-0a- s0.o0 0.oo so.oo so.oo so.oo- so.a0 so.oo so.oo'ia'a so oa so.ao ss.es sa.00 so 0o so.oa i o uE sa.00 oo' �s No. 189'12'33°W 1730,29' o.R. P1111IN Is W F SURVEY ENTERPRISE PIIDUC71 PIPELINE AD POW 405, - 567 r1PProve1 by the PI-Ing ROUTE AS TRACED tNOT SURVEYED IN THE C._m.lononNovember1, PLAT SE 61OUNDI FROM Tx RRC WEDEITE, 2023 ADANDONED ACCORDING TO TO DOE ROYAL OAK SOUTH CORPUS CHRISTI, NUECES COUNTY, TEXAS 0 25' 50' IDD' Lma BASS & WEEFSH ENV GIN EERING -"T3 SCALE 1'-50' gE - ET. - E EXHIBIT 2 UDC greement Am3 ication Date of Application: 7-9-24 Type of Agreement Requested: Deferment [ ] Reimbursement N Participation [ ] Approved Plat Name: Royal Oak South Public Improvement Type: Water and Sewer Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $506,137.87 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [X Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature&Title Submit Application Electronically to: contracts a nd ao teem ents()cctexa s.COm Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 [PM o UIC MPIROOMEMEHM "T'O mxxx q a LBI o� N 00AL OAK ZOO UVHl /� � C�OIRpMZ C�HIRMV09 HUEC E3 C�OUHTVV VEKAB �. w awti..n.re e� u�eo F- L OCATIONx MAP �x .� ,x 0 o.a«<o om.o�i....mw M.ow s xs<wwa SHEET 1 COVER SHEET AND MISCELPNEOUS INFORMATION �u�xt nw`mmwrrn m"` s m.rwe�ax.�urwury xoiuon arnxoi rtxe� SHEET 2 PAVING, GRA➢ING AN➢➢PA]NAGI PLAN b FEEL— SV➢MP PLAN AGO POOL]I SHE A NITAPI SEWER AND WEI PLAIN AND 11OPILE az�o - w,Pw .a Quux�uoa „000 .ia so xs+w wim.ms rir� ,s,; ,aoaronrw. SHEET 5 SANDAPI SEWER AND WATER PLAN PAID PROFILE u�9.o�.xo rwx�x� p x�xmxem rwnwioea�nexexe� ss n�µ`µoMeOV Y��' w �xWpPox SHEET 8 STREET,SIDEWALK AND DRAINAGE DETAILS SHEET 9 PCOP JOINTING PLAN oss.�o a.wF.o..,F.wax®.xo aHar SHEET 11 STORM WATER POLLUTION PREVENTION PION,SHEET 1 OF 3 ENT:ON PLAN EET'A OF'A CALL BEFORE YOU DIG! SHEET 14 TNXJDOT ANOSCITv SIGN PAID PAVEMENT MARKING REQUIREMENTS - mm SHEET 15 CIDTVDSTORM WATER STANDARD DETAILS SHEET I6 CIT,WASTE WATER STAN➢AR➢➢ETAILS H-o.wa�w�o.9xxa.xo 0 �..r..�o.��o:ar..�.a io�x•...mo ar�,..�w.pow.�o:aw<w. ..��w«.s w«a<<or.�o o«.o rwH�:w:�o�wa.x�.xutios ox wr �,.a:�wK�waw..�a��o�::u���.an.x�a�.:ax�aax x..rn�o w ax�oxx x:awax:. :.ax�o.x r�xw� �woar ruxs aau xu vuv�s.xo x osux i�xm s sr�nr�o. �^/ ��wear un.mw m,..:,ms,eo w�..r....r =o w wm ruexc wxxs coxnaun�ax�xm.. on nezuwrr:eo m�.e r�+eao�w aw„o a.M rc�:rnow..e w.e w nranrrKe a:�.e �� 0/ ..o.w:,.x,w a��.rwao w..r�w.�o w..�.��.�.raw or e�ownw ��,W✓N• Tow.nz..r-e. w or oeraorwern sm+az ox�wwe.e swa�z wun ee renronweo ix wn n wn.�.e runwses ��2p�2q wxw �o rmw:�o ss wx�:w�:.om aw��xwx,�.w ,ra.�w:ao�w a�e:rw�a sxrw»ar w«N�ow raV�x•�ow mom'mn BASS AND WELSH ENGINEERING 00 N S21k 55 55 50 50 ROE LE RUM g RgIL ' A', F iaPi °G 0 o �aa ro0 e. 0 00 15 65 60 c n x ff IG D nmvc Ewa c 55 55 once o„51 ENiIouCALCULATIONS o 10 0 0 l xs z�u s9 0a � I " + � � PROF LE EGGgI g nRI UE .as PBS 56' v S89'12'33'W "IN z9 —P 55 55 01 50 n .i. 50 0 PRBE E YEN PETER DR PF y ,� a n n co n ai. B t 65�rm 60 -- — -- — -- — -- _— — — TH e EawGE T'/zo/zd 55 B re os< a Ss o O vaoa a e P 55= eRrvsreuc�iOry ore aioowo vureaos<s. 17 7 Fill I'll IT, sra is BASS&WELSH ENGINEERING 0 0 y PROFILE—GERPL ➢RIVE P MP O RBYgL BAD SBUTN ✓— ..e sus I a I + r 0 v w� 2LOHU I N° 0 _��01 o 00 ��h— --- -- --- --� — I -- �noRoaNRRPEI, -4- y. s3'w 1 3O.z9 ¢\ S89'I 2 s.00 1o.oa NLp a. 11INNON�N O owP O,, �w 6O 6O �L,aN,ea3 s r os 55 £ 55 5O 50 PROFILE— ENNEFER➢RIVE PROFILE—JASK]ER DRIVE suLc i=so .o ]3s80 15s08 OR corvs111lN ry ore ei42 Aoly—es65 ,NG s� °°� . — 60 ROVEMENTC TO DO_PUBLIC 04 CORPUS CHRISTI,NUECEC CO.. TP i C 16 s°v is 50 POVI NGPLAN ANnOPROF]LE4 I NODE _ 65 1 5 Do zwo 3 00 awo swo Jill � o PoPaPI re N OF FEE, F vx - — ———— — ss IF � P §e 9— �owu 15 0 PROFILE _=L NFE A 'RHUMBA FAIL — — - - - - - - iPRNI V0-1� m� — —0 00 1 »x 10oP .« :,, P" ED` 11 o �P°oPaap P wo � w x�. LINE I �F eP ,=F �I — nF ESN1B, 1I S89' — 1 '11 ON z n 56 ]2 3 F3 -'vrc.¢.rz si.n exo Pws voa5 o00 V,Fo 7,00 B4OO 1,00 o .os ecoxu uav<re<L435 n.�l 12P — — ———— -iy PreoP s Pvc W Pv a.n ~° oz s s<s zc. 50 cPROFILE-SS LINE C IIENNEF ED DFIVE y YitA!rj4 ss�^I,`ry me as 650 65 {j WOW[I 60 °oav evfivc 061 1 -- DI 1 Pe L ---, 17 Drerv.F 4p\o ,�" N o L R P11, F 0 carvITNIIINN oa aiooiNI v11va111 P oP e Pvc w .oP ao as.rL so ss PreoP a'Pvc vvre v ov a vvc n� Fezro of eus uxo"ED OR rvc ll 1 PReP�NW. Sf.n is Nm*o BE VS[D FOR 55 — — -- -- — 55LUJ� 0 so PROFILE-SS L]NE E l6ERALT ORIVE) P 0 GOP AT OR,SOUTH CORPUS CHG N PROFILE 0 ao -- --.�-- -- IN A rere�.o.ago re,ITT -- — oP e Pw . eee�ere�reecc�rere�N�,e„ 0,� zrea 00 0 m p d dreOP� o 0 =re,re na,e�zre �I d �.0 a Ow -srr �,re,re� r d — =o= — �� w,o �» -- —_ -- — — _---- — — ORGAN a o_ ad N J730 29 «rrere.,.K.oGP es.00 i.o0 es ear oGm Q 6C-1 ree-rP cI'TC:L I0 �o rr m 50 so so s0 � Pane - rvo.F sco�F.�'so NE FER➢R]VE �JASK]ERS ORIVEE 0 1E`00 IU—Z T are O`NE10 IFII o—[s i 1-1 IEI zN¢10 Pao kc, _________________ _________________ ____"0—, e—nizn-rePeo.�'< ��'eviio.e'i i i e�. ____________ __________ __ Vzr nn is.ea vm ssxx 55 MR ROYPL OPK SOEFH so11 so saN„a Ere P�aN PROF F- NF F rrFa.o F DRIVE) 4 0 n v �L z. � v� v= �zz ze 26 N89?]z 8s�EP� zz z�ze z0 — E i Waif nnaav ol� a — o re�o re.re m� sres.z..a gyres.oe- Oa,�e �rere rere�� >res. I' I. ss.. n.o�z9 Ere�No.r `v oii 1111011111TI TO �oNnrereo,�ore ore a�oo�No.rere.osEs � a. a.a...ss..�.,.w....ao...... sraEEr SIGN AND LIGHT POLE PLAN N a pp, a O f � o NB;a J,° 3•3E ON rycx O. ca wurc�c.wad®°.svx. = vmo aou umcu s o.. — aac i w°xo�.ono x°res�s rvoatxx ru " zs" u U � e a� -- — — — -- — — -- ------ -- --------- ------ E L Noa'IAN" alPG u o s ---- �,, °a x° se3•��-33�w „3Oz3 �NPBoa o Bova oau sou3r+ I. ................... . ........... roue ao..si Ms ....... mi PCCP CONTRACTION SAUVN)TOINT I LET,11 ND Quwurusuxzas PROPOSEDI K AT 1UNCTIENN OF "INSTALITATION E(OBJECT UlM00A.A.'1 ,ERR'A F��7n7iE 11 N Pomwrnw mmD CEMENT CONCRETE P ING)NOTES a PP T111—SECTION PROPOSED LINING�NDITCFHAT END OF PROPOSED,T—E El TYPICAL STREET SECTION 60 ASSS ANOSH ENGIUNEEPNG PUBLIC IMPROVEMENTS TO R FLAT CAU MTH CORPUS CHRST,NUECES GO_TY llPIC4F STREET SECTION 50- CTREET,CIDEWALK AND DRAINAGE DETAILS 0"G_ WV, 21 X., --0 --9— ro.P:a"i -- -- — -- — -- —5 -- -- -- --- -- -- ----- — ao.,�m — ------ -- --- -- -- —ryas---- -- --- -- -- —�---- — IIPPOIIIIITI TO Pccp li z-33� "ryryPo�. ory ry�ryo�ry�s�.ry � BPSS&WELSH ENGINEERING o rv. is NM Npa Pz aaouuc.z aM rv�oaaem oo Yo s.w.ore ro - sso 1 6 IrEG,Gp� NG Ire es w IIAGzs oorvsaa—N oa�o�H R plO S', ¢N892'l 2 8'xE4re 11-- — -- -- N 09 N«<a ore o o,re m� o - -111 rea 10,re -- �Vv;m� s u ,sz.oe Q S89']2'33'W ]�30 c29' A [Nore , W l.N,T ue,iNN oa-DINc a011a111 68 �a PO T ON PRTUTNT ITN NOTT —9---- _—] --- -- _—__—� — oCONTROLS a — — o xwe xw w o.xere nevn:a rreox axe..wr.reue.s e: :o w.o 0 N , SEE NSCREEN NG FENCOE oR rv�,Ea � IF -- — — -- ——— ——————— o cx _— -- --� N89'� ra.E AGE 00 „Ii fry zs Q lA � �^ � �a ss z no mno.oxc rve:u ox urrsuna U zoo zo, -- -- LI — -- -- — --- — -- --- -- -- -- -- -- --pNa �o� 111ILL EE , 0 ,3.33'1 IC3o z9 INIIIIIIII 52 STORM WATER POLLUTION PREVENTION PLAN SITE DESCRIPTION EROSION AND SEDIMENT CONTROLS ION INGLE11 T SOIL 1111 CENA PRACTICES oru utcn To ec oisHureacD. PRE9[RVA*ioN of NA*uRPL 1E9ouRCEs o(i[IAPORPRiLv oR reens[o LEE'„ �� �x M 1priia�arvsaoc orv}5 NNX(usoDl\ STRUCTURAL PRUCTILYS SAC, A ry ISTDrern�v crv�)oc uE cPE-ETiorvs Es SPNnpRY W0.5IE. SEDIMENT`ASNS RA NI A El TOE—IN METu 2l II qAL`n„SV^R`T \y wnu REINEORCEMENL ` \ Y wood vc11 E• \.� En °N,=�a'R�°�SR°�Td l'LAN D"A P IND H� � � � � DR DIDDIND PDRPDTES E°D�NnDDR�DN ELEAATIGN PLACEMENT FOR BALED HAY \� FILTER DAMS eukElu ' wi%t`ta ", 0,gym) LOCATION MAPPOULTRY NEL�ING Tx reE RASS AND WELSH ENGINEERING ALVEDnrem s SECTION A—A NT SEDIMENT CONTROL FENCE Mn.cPoL RCHRIIUEECORPUS ST.NCS CO.TX TRIANGDEAR SlIPGASE INSTAEEATIGN GENERAE REWIR ENTs 91 T—`r Name �':s'D,9Y4e:'Db�6r.�D'I { I 1 'E¢SiF ^ems „.rwas,a°a'Nt°,�US �} ^. ...-«..-.e.,n......-«.•�n ®w max.,. IA.��E�'�. ww.a..-.... it .g CONCRETE ANCxGR m w°"ww«."n—X1waaxz- e':e °.n u`rvr m`.mS.e m,«q« RNDUI T'lP. S vSTEL I. Ret�"W"EE°•°•°� f°" -'ha.°r"`w�"n'^ E an, REWIREtENTS FOR RED DACNWIpFID REWIRDENTS F011 FNITE BAG.—D gEGLLATOgv SIGNS REGULATgW STOP — T" � ba® END END I °LP SPEED WRDNG JJ - .... D°Da-smeeT None slGN n ➢ a g� WAY DEnD EN ....°. �`""-`- --q— •«—�•«— D OR NO ONP-SIONAGE 9'D3 W/ REW IRENENis FOR EARNING SIGNS W gfIRE GH EENTS ftq SCxODL SINS r'! _ m 0 O 20 xo,x axxox,,.rvxax a—1 XISION TO_eD,E NSrali..noN ww,.°.o °:sM ..w x,w.,•xwi, xww.e .,° .....xi., TYRI CRL SIGN .xo uu uuu _ e REW IREEEXTS a wx°rt �r...m....w GIB ...._ nw cacox a w.mw..°e w n. niu. m,.w,re.c enexwxouxo .pwA. °m"`s "" ry ..NT. SRI 1 IS TYPICPL GROUND MWNIED SIGN PtACEMFNT EASS PND WELSH ENGINEERING UBDOLIC YALPTD OAK SOUTH mxsxu�iox ax aiooma auxaas6.x 7XaU&CITY SIGN PANEMEN7 P.g _ M a�mq � ..r� r eb wa=<'�•..l _� �� , rp__ "`.`L s. L e.a ....w .` 4 Y ®..C.J,. .......ram.. .......«-., .eC.» ULF C0 -=I A,! — -Az-, r m c RCRYOI pElAlt r 'nk P r RCI(YM CETN 4-n R 11 �` _�_ m" g Q CARPUS COYALSTOAK SEOCUETSH Co CITY STCFM —NDAPID DETAILS r. PLBLICSIMPROVEMENTS TOGA i..« •rrnmmn um Mm % o € 5 k € Q- 1 EASS PND WELSH ENGINEERING —gym ..a,...< ...av w.o-®m.wvrcwv-.�.. ..�-.,,.a .......> .... (wows ir- p9 ggg I—IIJ0.4Jl \ —••• la— .. H, F- BASS AN[WELS'ENGINEERING PUBLIC IMPROVEMENTS i0 r o ..m 5, - 4 � o v w IL AULT CTE 1 o�LZR��4 BASS ARE WELSH ENGINEERING EXHIBIT 4 BASS WELSH ENGINEERING NIXON M.WELSH, P.E., TX Registration No. F-52 Survey Registration No. 1 R.P.L.S. P.O. Box 6397 Email: NixMW@aol.com Corpus Christi, TX 78466-6397 Royal Oak South -Cost Estimate WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT 1 16" PVC PIPE 365 LF 2 16" CAPPED TEE FOR 2" 1 EA 3 16" EL, ANY ANGLE 4 EA 4 16" x 8" TEE 1 EA 11% ENGINEERING, T 3054 S. Alameda 100027-00 St. 4/3/2024 COST TOTAL $ 220.00 $80,300.00 $ 500.00 $500.00 $ 3,500.00 $14,000.00 $ 3,500.00 $3,500.00 $98,300.00 SURVEYING, &TESTING $23,128.60 7% CONTINGENCY $14,718.20 SUB-TOTAL $136,146.80 2% BOND $4,962.14 OTAL REIMBURSEMENT $141,108.94 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 4/3/2024 Royal Oak South - Cost Estimate SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 18"PVC PIPE 412 LF 675.00 278,100.00 2 MANHOLE 1 EA 40,000.00 40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF 10.00 4,120.00 SANITARY SEWER ITEMS $322,220.00 WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 16" PVC PIPE 365 LF $ 220.00 $ 80,300.00 2 16"CAPPED TEE FOR 2" 1 EA $ 500.00 $ 500.00 3 16"EL,ANY ANGLE 4 EA $ 3,500.00 $ 14,000.00 4 16"x 8"TEE 1 EA $ 3,500.00 $ 3,500.00 $ 98,300.00 11%ENGINEERING,SURVEYING,&TESTING 46,257.20 7%CONTINGENCY 29,436.40 SUB-TOTAL 496,213.60 2%BOND 9,924.27 TOTAL REIMBURSEMENT 506,137.87 Page 1 of 1 EXHIBIT 5 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78463 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NIA NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission, or Committee Mossa MostaghaSi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: M OSSA M OSTAG HAS I Title: GENERAL PARNTER (Print) Signature of Certifying Person: date: 12-18-2023 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORMS1FORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. 'Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Water Arterial Transmission & Grid Main Line Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141 ,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141 ,108.94 to reimburse the developer in accordance with the agreement. (District 1 ). City Council August 13, 2024 Location Map 4m3HIG"_LCly 4 TRAIL z w„RIO�k Da, A f N � � p r � n WISOLM TRAIL a SEWLIA TRAIL 4 b -nWral "BAD SITE' 0 P50' 500' 1000' SCALES I'= 5C.' L❑CATI❑N MAP 1'�00' Total Reimbursement Estimate WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 16" PVC PIPE 365 LF $220.00 $80,300.00 2 16"CAPPED TEE FOR 2" 1 EA $500.00 $500.00 3 16"EL,ANY ANGLE 4 EA $3,500.00 $14,000.00 4 16"x 8"TEE 1 EA $3,500.00 $3,500.00 $98,300.00 11%ENGINEERING,SURVEYING,&TESTING $23,128.60 7%CONTINGENCY $14,718.20 SUB-TOTAL $136,146.80 2%BOND $4,962.14 TOTAL REIMBURSEMENT $141,108.94 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) if C E3 _ �r,• N Barlow TO Chisolm Trl Coronado TO overland Trl Royal oak South v 0 v Q Legend 0 125 250 500 Water US Feet Project Location ;f Location Map Royal Oak South Proposed Water Improvements Date Created:9/9(2024 SC G� 0 AGENDA MEMORANDUM �OgP00.P�'0 Public Hearing and First Reading Ordinance for the 08/13/24 � 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a-)cctexas.com (361) 826-3575 Wastewater Trunk Line Construction and Reimbursement Agreement with MPM Development for wastewater improvements for Royal Oak South Subdivision. CAPTION: Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1). SUMMARY: MPM Development is developing 20.26 acres for various homes and is requesting funds to construct the wastewater trunk line improvements associated with the development. The estimated one-time cost of the improvements is $365,028.94. BACKGROUND AND FINDINGS: The Developer, MPM Development has requested reimbursement through a reimbursement agreement for the 20.26-acres subdivision named Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection Royal Oak South subdivision plat was approved by the Planning Commission on November 1, 2023. The development, located south of the Chisolm Trail and Rand Morgan Rd intersection, plans on 20.26 acres including street dedications. The wastewater trunk line improvements consist of 412 linear feet of 18" PVC pipe. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Trunk Line Construction Standards. The project is eligible for reimbursement from the Sanitary Sewer Trunk System Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Oso Creek Corner Subdivision. An alternative to utilizing trust funds to construct the wastewater trunk line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Sanitary Sewer Trunk System improvements is $365,028.94. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 5). FUNDING DETAIL: Fund: 40300 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 Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 1, 2023, to develop a tract of land, approximately 20.26 acres known as Royal Oak South Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the 15-inch Wastewater Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and 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 Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater 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 Wastewater Trunk System 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 first in line in the order for reimbursement from the Wastewater Trunk System Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Trunk System 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. 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 a Sanitary Sewer Trunk Line Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development ("Developer"), for the extension of a 18-inch wastewater line, including all related appurtenances, for the development of Royal Oak South Subdivision, Corpus Christi, Nueces County, Texas. 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 24 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund to the No.4220-21800-777 Wastewater Trunk System 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 $365,028.94 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate $365,028.94 from the No.4220-21800-777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the wastewater trunk system 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER TRUNK LINE SYSTEM CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 1, 2023 to develop a tract of land, to wit approximately 20.26 acres known as Royal Oak South Subdivision located south of the Chisolm Trail and Rand Morgan Rd Intersection as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 1 of 12 a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, 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. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this 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 it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 18" PVC PIPE 412 LF $675.00 $278,100.00 2 MANHOLE 1 EA $40,000.00 $40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF $10.00 $4,120.00 SANITARY SEWER ITEMS $ 322,220.00 11% ENGINEERING, SURVEYING, &TESTING $23,128.60 7% CONTINGENCY $14,718.20 SUB-TOTAL $360,066.80 2% BOND $4,962.14 TOTAL REIMBURSEMENT $365,028.94 b. The plan must be in compliance with the City's master plans. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 2 of 12 c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer 3. REIMBURSEMENT. a. The cost for the Wastewater Improvements is $365,028.94. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $365,028.94 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund per the UDC and this agreement, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 3 of 12 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Trunk System Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Trunk System Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 4 of 12 City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 5 of 12 d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 7 of 12 damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 8 of 12 (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Remainder of page intentionally left blank; signature page to follow. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 12 of 12 EXHIBIT 1 PLAT OF III Tq INIJ F TEINS STATE GMIXEO wNUEC THE IDD 2.PAIE ROYAL OAKDLESSOUTH F Al e COUNTY OF NGECE2 AITIGJI I G11HE 11FE 1NAAD A°MA11 FLw...P. o..RFDLoNNDL, �I2R DR AT ME' N—El IIINT Do E. OF THAT ADTNOHATT w2 AI I T PPG sO IEnI IO NDDEDI�,TION.A,SHOWN HAVE BEEN ZIE'12VIPICBER, CORPUS CHRISTI, NUECES COUNTY, TEXAS N THIS THE DAY OF ,2G . LEA TRAIL MHANA GS GH sI.PRESIDENTo SATE IF TE,s DOINTY OF NIEIEN D SITE" I'A INSTRUMENT WAR AM GI PROPERTIES Ye RNOwLEIceD eEFOIE ME ev Massa MOSacunsl.PRESIDENT aF 0 250' 500, 1000, THIS,F. PAY CD scaLE.r=soo LDCATION MAP AND FIR THE 1"=50ol SITE OF TEIAS § COUNTY OF NUECES § THIS THE DAY OF .20 SATE of TExas N DN„ AELSH, RPLs. CIINTIOFNUECEF Q BASS & WELSH ENGINEERING HT PE THE FNALFLATIF THE IT AIN BE..RED PONPEITY WAS TX SURVEY REG. NO 100027-00.TX ENGINEERING DEPARTMENT IF DEVFLa.ME NT sE RVICEA OF THE CITY IF c.RPus APPOAPED,11 THE TE REG. NO. F-52, 3054 S. ALAMEDA STREET, E CORPUS CHRISTI, TEXAS 78404 NIIET T IF L 1-1 IF TE AS DATE LEGEND YNINTY IF NIED11 s (NAME).HF DE DRANACE EASEMENT YF APPROVE THE—DIVISION AND DEDIceTION EON THE PuRPosES AND CONSDERATIDNs TFAH STATE IF TExas § D.R. DEED RECORDS, NUECES Co..TX THEREIN EIPRESSED. MINTY IF NIEOEC sf br. BEHALF M.R. MAP RECORDS, NUECES CO.,TX OF THE cItt of co RPus cHRISTL TEAS BY THE PLANNI NO CDMMI"NN. D.R. OFFICIAL RECORDS,NUECES CO..TX TILE. THIS TIE Dav of zI CE UTILITY EASEMENT STATE OF TExgS 4 ER III,AIM COUNTY OF NIECES 4 cuaRMAN s[cRETARY No Es THIS INSTRUMENT WAS ACUNOWLEDGED BEFORE ME B (NAME), 1 IRON Raos HER POLIT CIRNE11.WHERE NIT T s/e'WIRONE RO (TITLE),of Ras'AND wFLSHIIBL ENO INEFRINc_ DDS SET CONTAIN PLASTIC CAPS INDEED THE STATE IFLATF TEzns BND FIR STATE OF TEIAS § GTECD RIZED THE RECEMNc RECREAT ER AS CONTA COUNTY OF NUECES § WATCT ION ISE. 1,EARN IANCI ILEMK IF TIE CIINTI CIIAT IN AND EPA ARE CIINTI, IONEARNAID"J'ARINNA IS THE STAFTE OF 1—LAMBERT GRID.SOUTH DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT RATED THE I E Z ENT IF S11JECT ITE A IN TEMA ZONE x,ITHER AREAS,MAP NO. TI AND DI TY REIORUEO THE DAY OF AT Ap�rwed by ih Planning SURE ET DA LE EDIYanolRs. 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P1111IN Is W F SURVEY ENTERPRISE PIIDUC71 PIPELINE AD POW 405, - 567 r1PProve1 by the PI-Ing ROUTE AS TRACED tNOT SURVEYED IN THE C._m.lononNovember1, PLAT SE 61OUNDI FROM Tx RRC WEDEITE, 2023 ADANDONED ACCORDING TO TO DOE ROYAL OAK SOUTH CORPUS CHRISTI, NUECES COUNTY, TEXAS 0 25' 50' IDD' Lma BASS & WEEFSH ENV GIN EERING -"T3 SCALE 1'-50' gE - ET. - E EXHIBIT 2 UDC greement Am3 ication Date of Application: 7-9-24 Type of Agreement Requested: Deferment [ ] Reimbursement N Participation [ ] Approved Plat Name: Royal Oak South Public Improvement Type: Water and Sewer Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $506,137.87 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [X Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature&Title Submit Application Electronically to: contracts a nd ao teem ents()cctexa s.COm Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 [PM o UIC MPIROOMEMEHM "T'O mxxx q a LBI o� N 00AL OAK ZOO UVHl /� � C�OIRpMZ C�HIRMV09 HUEC E3 C�OUHTVV VEKAB �. w awti..n.re e� u�eo F- L OCATIONx MAP �x .� ,x 0 o.a«<o om.o�i....mw M.ow s xs<wwa SHEET 1 COVER SHEET AND MISCELPNEOUS INFORMATION �u�xt nw`mmwrrn m"` s m.rwe�ax.�urwury xoiuon arnxoi rtxe� SHEET 2 PAVING, GRA➢ING AN➢➢PA]NAGI PLAN b FEEL— SV➢MP PLAN AGO POOL]I SHE A NITAPI SEWER AND WEI PLAIN AND 11OPILE az�o - w,Pw .a Quux�uoa „000 .ia so xs+w wim.ms rir� ,s,; ,aoaronrw. 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I' I. ss.. n.o�z9 Ere�No.r `v oii 1111011111TI TO �oNnrereo,�ore ore a�oo�No.rere.osEs � a. a.a...ss..�.,.w....ao...... sraEEr SIGN AND LIGHT POLE PLAN N a pp, a O f � o NB;a J,° 3•3E ON rycx O. ca wurc�c.wad®°.svx. = vmo aou umcu s o.. — aac i w°xo�.ono x°res�s rvoatxx ru " zs" u U � e a� -- — — — -- — — -- ------ -- --------- ------ E L Noa'IAN" alPG u o s ---- �,, °a x° se3•��-33�w „3Oz3 �NPBoa o Bova oau sou3r+ I. ................... . ........... roue ao..si Ms ....... mi PCCP CONTRACTION SAUVN)TOINT I LET,11 ND Quwurusuxzas PROPOSEDI K AT 1UNCTIENN OF "INSTALITATION E(OBJECT UlM00A.A.'1 ,ERR'A F��7n7iE 11 N Pomwrnw mmD CEMENT CONCRETE P ING)NOTES a PP T111—SECTION PROPOSED LINING�NDITCFHAT END OF PROPOSED,T—E El TYPICAL STREET SECTION 60 ASSS ANOSH ENGIUNEEPNG PUBLIC IMPROVEMENTS TO R FLAT CAU MTH CORPUS CHRST,NUECES GO_TY llPIC4F STREET SECTION 50- CTREET,CIDEWALK AND DRAINAGE DETAILS 0"G_ WV, 21 X., --0 --9— ro.P:a"i -- -- — -- — -- —5 -- -- -- --- -- -- ----- — ao.,�m — ------ -- --- -- -- —ryas---- -- --- -- -- —�---- — IIPPOIIIIITI TO Pccp li z-33� "ryryPo�. ory ry�ryo�ry�s�.ry � BPSS&WELSH ENGINEERING o rv. is NM Npa Pz aaouuc.z aM rv�oaaem oo Yo s.w.ore ro - sso 1 6 IrEG,Gp� NG Ire es w IIAGzs oorvsaa—N oa�o�H R plO S', ¢N892'l 2 8'xE4re 11-- — -- -- N 09 N«<a ore o o,re m� o - -111 rea 10,re -- �Vv;m� s u ,sz.oe Q S89']2'33'W ]�30 c29' A [Nore , W l.N,T ue,iNN oa-DINc a011a111 68 �a PO T ON PRTUTNT ITN NOTT —9---- _—] --- -- _—__—� — oCONTROLS a — — o xwe xw w o.xere nevn:a rreox axe..wr.reue.s e: :o w.o 0 N , SEE NSCREEN NG FENCOE oR rv�,Ea � IF -- — — -- ——— ——————— o cx _— -- --� N89'� ra.E AGE 00 „Ii fry zs Q lA � �^ � �a ss z no mno.oxc rve:u ox urrsuna U zoo zo, -- -- LI — -- -- — --- — -- --- -- -- -- -- -- --pNa �o� 111ILL EE , 0 ,3.33'1 IC3o z9 INIIIIIIII 52 STORM WATER POLLUTION PREVENTION PLAN SITE DESCRIPTION EROSION AND SEDIMENT CONTROLS ION INGLE11 T SOIL 1111 CENA PRACTICES oru utcn To ec oisHureacD. PRE9[RVA*ioN of NA*uRPL 1E9ouRCEs o(i[IAPORPRiLv oR reens[o LEE'„ �� �x M 1priia�arvsaoc orv}5 NNX(usoDl\ STRUCTURAL PRUCTILYS SAC, A ry ISTDrern�v crv�)oc uE cPE-ETiorvs Es SPNnpRY W0.5IE. SEDIMENT`ASNS RA NI A El TOE—IN METu 2l II qAL`n„SV^R`T \y wnu REINEORCEMENL ` \ Y wood vc11 E• \.� En °N,=�a'R�°�SR°�Td l'LAN D"A P IND H� � � � � DR DIDDIND PDRPDTES E°D�NnDDR�DN ELEAATIGN PLACEMENT FOR BALED HAY \� FILTER DAMS eukElu ' wi%t`ta ", 0,gym) LOCATION MAPPOULTRY NEL�ING Tx reE RASS AND WELSH ENGINEERING ALVEDnrem s SECTION A—A NT SEDIMENT CONTROL FENCE Mn.cPoL RCHRIIUEECORPUS ST.NCS CO.TX TRIANGDEAR SlIPGASE INSTAEEATIGN GENERAE REWIR ENTs 91 T—`r Name �':s'D,9Y4e:'Db�6r.�D'I { I 1 'E¢SiF ^ems „.rwas,a°a'Nt°,�US �} ^. ...-«..-.e.,n......-«.•�n ®w max.,. IA.��E�'�. ww.a..-.... it .g CONCRETE ANCxGR m w°"ww«."n—X1waaxz- e':e °.n u`rvr m`.mS.e m,«q« RNDUI T'lP. S vSTEL I. Ret�"W"EE°•°•°� f°" -'ha.°r"`w�"n'^ E an, REWIREtENTS FOR RED DACNWIpFID REWIRDENTS F011 FNITE BAG.—D gEGLLATOgv SIGNS REGULATgW STOP — T" � ba® END END I °LP SPEED WRDNG JJ - .... D°Da-smeeT None slGN n ➢ a g� WAY DEnD EN ....°. �`""-`- --q— •«—�•«— D OR NO ONP-SIONAGE 9'D3 W/ REW IRENENis FOR EARNING SIGNS W gfIRE GH EENTS ftq SCxODL SINS r'! _ m 0 O 20 xo,x axxox,,.rvxax a—1 XISION TO_eD,E NSrali..noN ww,.°.o °:sM ..w x,w.,•xwi, xww.e .,° .....xi., TYRI CRL SIGN .xo uu uuu _ e REW IREEEXTS a wx°rt �r...m....w GIB ...._ nw cacox a w.mw..°e w n. niu. m,.w,re.c enexwxouxo .pwA. °m"`s "" ry ..NT. SRI 1 IS TYPICPL GROUND MWNIED SIGN PtACEMFNT EASS PND WELSH ENGINEERING UBDOLIC YALPTD OAK SOUTH mxsxu�iox ax aiooma auxaas6.x 7XaU&CITY SIGN PANEMEN7 P.g _ M a�mq � ..r� r eb wa=<'�•..l _� �� , rp__ "`.`L s. L e.a ....w .` 4 Y ®..C.J,. .......ram.. .......«-., .eC.» ULF C0 -=I A,! — -Az-, r m c RCRYOI pElAlt r 'nk P r RCI(YM CETN 4-n R 11 �` _�_ m" g Q CARPUS COYALSTOAK SEOCUETSH Co CITY STCFM —NDAPID DETAILS r. PLBLICSIMPROVEMENTS TOGA i..« •rrnmmn um Mm % o € 5 k € Q- 1 EASS PND WELSH ENGINEERING —gym ..a,...< ...av w.o-®m.wvrcwv-.�.. ..�-.,,.a .......> .... (wows ir- p9 ggg I—IIJ0.4Jl \ —••• la— .. H, F- BASS AN[WELS'ENGINEERING PUBLIC IMPROVEMENTS i0 r o ..m 5, - 4 � o v w IL AULT CTE 1 o�LZR��4 BASS ARE WELSH ENGINEERING EXHIBIT 4 NIXON M. BASS WELSH ENGINEERING WELSH, P.E., TX Registration No. F-52 Survey Registration No. 100027-00 R.P.L.S. P.O. Box 6397 Email: NixMW@aol.co Corpus Christi, TX 78466-6397 m Royal Oak South -Cost Estimate SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST 1 18" PVC PIPE 412 LF $ 675.00 2 MANHOLE 1 EA $ 40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF $ 10.00 SANITARY SEWER ITEMS 11% ENGINEERING, SURVEYING, &TESTING 7% CONTINGENCY SUB-TOTAL 2% BOND TOTAL REIMBURSEMENT 3054 S. Alameda St. 4/3/2024 TOTAL $278,100.00 $40,000.00 $4,120.00 $ 322,220.00 $23,128.60 $14,718.20 $360,066.80 $4,962.14 $365,028.94 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 4/3/2024 Royal Oak South - Cost Estimate SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 18"PVC PIPE 412 LF 675.00 278,100.00 2 MANHOLE 1 EA 40,000.00 40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF 10.00 4,120.00 SANITARY SEWER ITEMS $322,220.00 WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 16" PVC PIPE 365 LF $ 220.00 $ 80,300.00 2 16"CAPPED TEE FOR 2" 1 EA $ 500.00 $ 500.00 3 16"EL,ANY ANGLE 4 EA $ 3,500.00 $ 14,000.00 4 16"x 8"TEE 1 EA $ 3,500.00 $ 3,500.00 $ 98,300.00 11%ENGINEERING,SURVEYING,&TESTING 46,257.20 7%CONTINGENCY 29,436.40 SUB-TOTAL 496,213.60 2%BOND 9,924.27 TOTAL REIMBURSEMENT 506,137.87 Page 1 of 1 EXHIBIT 5 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78463 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NIA NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission, or Committee Mossa MostaghaSi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: M OSSA M OSTAG HAS I Title: GENERAL PARNTER (Print) Signature of Certifying Person: date: 12-18-2023 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORMS1FORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. 'Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Wastewater Trunk Line Construction & Reimbursement Agreement Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1 ). City Council August 13, 2024 Location Map 4m3HIG"_LCly 4 TRAIL z w„RIO�k Da, A f N � � p r � n WISOLM TRAIL a SEWLIA TRAIL 4 b -nWral "BAD SITE' 0 P50' 500' 1000' SCALES I'= 5C.' L❑CATI❑N MAP 1'�00' Total Reimbursement Estimate SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 18"PVC PIPE 412 LF $675.00 $278,100.00 2 MANHOLE 1 EA $40,000.00 $40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF $10.00 $4,120.00 SANITARY SEWER ITEMS $ 322,220.00 11%ENGINEERING,SURVEYING,&TESTING $23,128.60 7%CONTINGENCY $14,718.20 SUB-TOTAL $360,066.80 2%BOND $4,962.14 TOTAL REIMBURSEMENT $365,028.94 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) if C E3 _ �r,• N Barlow TO Chisolm Trl Coronado TO overland Trl Royal oak South v 0 v Q Legend 0 125 250 500 Waste Water US Feet Project Location Location Map Royal Oak South Proposed Waste Water Improvements Date Created:9/9(2024 so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for King's Landing Unit 9 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131 ,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131 ,835.50 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 24.86 acres of single-family residential homes with approximately 104 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $131,835.50. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 24.86 acres subdivision named King's Landing Unit 9 subdivision located north of Lady Claudia Street and west of London Pirate Road. The plat was approved by the Planning Commission on September 20, 2023. The water improvements consist of 590 linear feet of 12" PVC pipe. The allowable reimbursement amount is $131,835.50. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Grid Main Construction Standards. The project is eligible for reimbursement from the Water Arterial and Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new King's Landing Unit 9 subdivision development. An alternative to utilizing trust funds to construct the water arterial transmission & grid main line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $131 ,835.50. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $131 ,835.50 to reimburse the developer in accordance with the agreement. (District 5). 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 Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131,835.50 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023, to develop a tract of land, approximately 24.86 acres known as King's Landing Unit 9 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for 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 be constructed to its ultimate capacity under the City's applicable Master Plan; and 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 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 order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and 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. 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 a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the installation of a 12-inch water line, including all related appurtenances, for the development of Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. 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 $131,835.50 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $131 ,835.50 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 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023 to develop a tract of land, to wit: approximately 24.86 acres known as King's Landing Unit 9 subdivision located north of Lady Claudia Street and west of London Pirate Road. as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("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 be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid 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 §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, 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. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvement is $131,835.50 Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $131,835.50 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 12 the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 3 of 12 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 12 C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, on behalf of said company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 12 EXHIBIT 1 AND SuxvEYS ix,xPx xEVELOPxExr.LP v'xcrES 5'UE, DOC. NO. %%, 0.R. 5'UE, Doc. S00°55'32"E 5.50' N89°04'28'E 591.87' -- NO. %%, G. -------- ---------N89°04'28'E-1110_33'- ------------------- _ _ _ _ 5'llE 146.43' N 90.44 J5.00' 6J.00' S'UE 63.00 J5.]SF - 51m a r.00• W.00.5'UE 50.00 5030' 30.00' S0.00' So.00' 4 $ NI u a a l2 N O 52 38 SF 1 _0 2 35 6 ]535455 56 02 SFr 5850 SF 5850 SFzSB5SF� 5850 SF 5850 SF 5850 SF�9188 SF 2208 SF JJtB SF 9139 N1010 SF 49. e. 25 YR a - o25'YR Z �z A-_e > s SEE60.03J.50' 3].50' 35.00' S0.00' 50.00'S'EE 50 00' S0.00' S0 00' 50.00'- -- - --I O >I TARGARYEN ST - m C - -- - TARGARYEN CT- - _ - - N.9-59'3]' N89.04'20'�40�.02' N89.0 E IttJ 4'29• .9-T Z 98.l4• - v, -- N\ N N89.04.28'E 2J9.11' N E rv89°04.28'E 1020.33• i - - H A CURVE DATA ]5.00' 6J.0o' 63.00• 5'EE 60.00' 35.Oo' 50.00• 50.00'S•EE 50.00' 50.00' 50.00' 50.00 -y 14.II' 3J.50' 3J.50' Q D=90-00:00' 1Ot58 IF \ I / 25'YR R=15.00' 25'YR T=15.00' a 0e•5•E - L=23.56' CB=S45'55'32'E Z n q' /2y o - CH=21.21' O Im A q6 45 44 - 43 m 39 0 3B 3] 36 35 34 33 32 QB 0=48'45'Ol' ° y,3. 2 J 9188 IF 820E SF No�, J]18 SF o 9139 SF �SJ02 SF SJSo IF `5750 IF `5750 IF"n 5]50 IF `5750 IF `SJSo IF'n R=35.00' 00 v+°' 990]IF Q N 9132 IF O l o L=15.86' CB= 41'57'E CH=-22.29' N _ 5'UE S89°G4_22'Y __ __- - -- - -- (.] - �0.00• 55.00' 60.00• 63.00• 55.00• 60.00' R-56.00' S 146.15' 5' E 90.30' J5.00• 67.DO' 5'UE 63.00' ]5.00•� m T=49.11• L=2]1.22• m o a CB=S00.5' 32'E Cll ry - o - CH=J3.25• O �� 37 m 9132 IF 39 p 2 1 2 3 4 5 6 ] 9906 IF mlo 0 QB D=48°45'01' I �•�.e n 9188 IF 8206 IF n N ]]lB IF ry ui 9139 SF of ]J52 SFo N J150 SF J200 SF ]800 IF J150 SF o u JBOD IF R=35.Do' O - L=29.]8' CB=N66.33'01'V ' p4'_�e3. a 25' R C CH=28.89' 36 49% �o " m m 25'YR ri m y OI 10156 IF 4'� \ 37.50' 3J.50' m E D=90.00.00' y 14.t t' 45.00• 55.00_ 60.00' S'EE 60.00'--55_00'--60_00- R=15.00' / - ]5.00' 5•EE 6J.00_ -63_00'- 60.0�' J E q S89'04'28'u 1020.33' i=15.00' I QD S U4'28'V 2J9.1l• CB2S44604'28'V e/C CONLETH CT CONLE TH ST - -We9-D4 28'E 1ll].SOY Z CH=2l.21' N89.59.37' - - - N89'Oa•28'E 400.02• - - - -- QF D=90'00;00- IN 9].72 H '^- '^. N89°04.28-E 102o.33' I R=I5.00 N\ B N89.04'22'E 279.11• A Q T" 753"7'--sF =23!16' m s\ / J5.00' 6J.00' S•EE 63.00' 6000' 3].50"^ 3J.50' �00' S5.00' 60.00' S' 60.00'CB=N45.55'32'V Cn=21.21' 1O120 SF 14.11 25YR© 00'00'00' m � 41. 25•YR a _R=IS 00' _ -ai=15.00' �w/29 a0. 32 3l 30 �' 29 34 33 32 29 28 L=23.56' - 2 9188 SF 8208 SF J]IB SF N 9139 SF J992 SF?N J3Jo SF 8040 SF 8040 SFC=N44'04'26-E m H1.21 34 33 9BJ8 SF 9130 SF _145.60' So E 90.44' -- 75.00• -- 6]O0_ -63_00'-5'UE J5.00•J a3J.50' 3].50• A -- -- - L60.O0'- 55_00_ 60.00_ 60.DC, S•UE 55.�0' -60_00'- r�� --5'UE------589°04' 8"W 591. 04-- --sUc- -- o __ __ -- --- -- - 23 24 25O 26 2] 22 �p r 5•uE S89°O '28"wf 1110. 33 suE 22 4 3 l 2 3 4 5 6 J K ING'S LANDING UNIT 5 Im m KING'S LANDIRG UNIT M. V.%, P. %%iHRU%%, M.R. V.%. P. %%iHRU%%, M.R. N00°55'32"W 1 1.50' PLAT OF KING'S LANDING UNIT 9 0 25• 50• too, CORPUS CHRISTI, NUECES COUNTY, TEXAS � ED, SCALE:I'=50' BASS& W%LSHD ENGINE ERINR c �&Pxao.'�Mfg fe 21 RE US3t R SHEET 2 P.rESGLE:SANE AB- T 577. IFICATE E.3 NANEp HABRILLA,f,T:,T(GN CpNPANY.NUECES I,HPH a_ T.LP --3'------ 5' UE, DOC. - SOO°55'32"E 20. 37' N89°04'28'E 1110. 33' No. xx, o.R. --------- N89604128'E __ ---- ----------- 30' 30' 120.00' 34 50.00• 50.00' 50.00'S'UE 50.00' 50.00' 50.00 50-' S0.00• 50.00'S'UE 50.00' S0.00• 50.00• 50.00'E5.4t N 000 SF 33 IS ^e l6 t] 18 19 20 6] ^a 9 9 l0tt ^o° 12 l3 l4 `5950 SF 5950 SFgl SB50 SF 5850 SF 5850 SF 5950 SF�95850 SF 5650 SF 5850 SF 5850 SF�H5850 SF 5850 SF 5650 SFao 120.00'n ,^ mc N a3225•Y o 30' 30' 6000 SF_ 50_00_ 50.00' S0.�0'S'EE 50.0�' S0.00_ 5000' 50a0' Sa 00• 50_00' S000'S'EE 50.00' S0.00' C S89'04.28'V 1020.33• m iARGARYEN ST- - _ - - - - N IP I i 3l N89.04'29'E lllJ.83' 6000 IF O to ---- N69'04.28'E 1020.33• q S69°04.28'H _ -- -- - 120.00' i 50.00' 50.00'S' E 50.00' S0.00• 50.00' S0.000' S0.00' 50.00' S0.00 5• E 50.00' 50.00' 50.00' 50.00' 35.33� 30, 30' a y- 25'Y 25•VR a 6000 IF 30 Na ^a =o la /i a I 19 ry �� -9 �N 33 a 32 3l 30 29 ul 28 2] 26 25 N 2a 23 22 2l 20 19 - PI 29 a N SJ50 SF ` SJ50 IF SJ50 SF 5]29 SF=m SJ50 SF 5750 IF 5]5D IF 5J50 SF"n 5J50 SF 5750 SF 5]50 SF 5]50 IF `5]50 IF'^:5]40 S I`" C' 600a SF NOf O -Jo zo I= I 569.04'26'v of I� _ e N o IN 28 i 60.00• 55.00• 60.00• 60.00 5'UE 55.00' 60.00• 60.00• 55.00 60.00' 60.00' 95.00' 60.33.1 ry N a N to I 6000 IF I N W ^ A NI I . H of C, Iu 6 c J 8 9 10 ^� tl 12 l3 ^� l4 15 l6 1J ^� l8 m m a 8 00 I�27&S N ]800 SF ]l50 SF J800 SF ]600 SF ]t50 SF ]800 SF J800 IF N]150 SF ]600 SF J800 IF ]150 IF o✓:J]95 IF lQ °!la 6000 IF o ' ory aW S89-04'28'V O Clom m m 25'YR m 120.00 fi m I O Z- C' o 30' 30' IC2 IN 60.9.IF of I Z ~__ 60.00' 55.00• 60.�0'--60_00' 55.00_5•EE 60.0�' 60.�0'--55_00_ 60.00_ 60.00' S5.�0' 45.33• E C S89'04'28'v 1020.33' CONLETH Si - - - - - - S69.04'28'Y H- p A - - - - - rve9°04'29'E 11 t].87 6000 IF al I 25 N89'O4'28-E Mao.33' A I= O CURVE DATA of A D=90.00'00' 2 60.00' 55.00' 60.00' 60.00' S5.00• 60.00' 60.00' S' E IS 00 60.00 60.00' S5.00' 45.33'� 30'1 30' N 120.Oa• R=15.00' =15.00' El =23.Sfi' 25•YR 25'YR to 11 of I 24 c CB=S45.55'32'E y- e I 6000 IF a CH=21.2l' 29�, 29 27 2fi 25 24 23 22 21 20 19 16 a 1J I ul to I I R=15.00' 8040 IF )3]0 IF 8040 IF ^u:]3]0 IF k 8040 IF k 8040 SF ?u]3]0 SF k 9040 IF k 8040 IF k 73]0 IF?�`",:8036 SF i=15 00• 12 O e I 23 L=23.56' 6000 SF CB=S44.04'28'H NI rF 28'V m m a 60.00' S5.00' 60.�0' _60_00' Cs 55.00' 60.00' S'uE 60.�0'--55_00_-60.00' 60.00' 55.�0' -60_33 30' 30•- __ _---- 60.0--- _ ya --- --- -- 5'uE - -- S89°O4' 8"W 111 33 I 6 ] 8 9 l0 1l l2 l3 l4 IS l6 1a S 9°04'28"W NING'S LANDING UNIT 5 NOT 55'32'W m 24. 37' I 120.00' 1 1 2l I9 V.X, P. XX THRU XX, N.R. 14 PLAT OF a 25' Sa' to KING'S LANDING UNIT 9 CORPUS CHRISTI, NUECES COUNTY, TEXAS SCALE:1'=50' BASSS 'LILIo-ENGINEEERIN c &;PAT.'NO1 ftAT-HT3 SCALES I'2�51 S H u51Ia1R5 T' oil I Oil NX ZE - � ' � � �III�EI 13�11�EI 11�11 � ��IEIIEI I1I�� .,�. Elul 1111 fly EI f l I f l li 11 l I II I I 61 OW l� kl■�E� I�I��' ' I� it lal� ,+ ��tw FI I��i➢CFI la�lr��l I�JII�E�i I� �I € ��� US ul� Et�Bf l�l I�IV�I� I�JI�EI 13�II�EI 3mh�r 131�9� _ ICY 11 III1E�FI E1�11EI I _ AEI 1��113�FI 19111 III �I� h�E EI ��II!�I. I��I ° t�R�1hBq q�� I�1, ° I�EI ICI f��1�ia q��l OEM's 03" imam MINIMUM M I�IJI oil AEI NOUN —, U .. , EXHIBIT 2 rv' UDC Agreement Application Date of Application: 7-10-24 Type of Agreement Requested: Deferment [ ] Reimbursement [x] Participation [ ] Approved Plat Name: Kings Landing Unit 9 (PL7943) Public Improvement Type: Water Reimbursement Approved Public Improvement Plans: Y[ ] N [ ] Cost Estimate for Public Improvements: $131,835.50 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email LA Phone[ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Gimp &Title Submit Application Electronically to: contractsand agreements(obcctexas.com Mall to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 MPM DEVELOPMENT ALP PO Box 331308 Corpus Christi,TX 78463 361-774-3832 August 1, 2024 To Whom It May Concern, The water line reimbursement amount for Kings Landing Unit 9 was calculated using the final plat. We measured the length of Lady Alexa Dr within Kings Landing Unit 9, as the water line runs parallel to this road.This section of Lady Alexa Dr connects to the existing line in Kings Landing Units 2 and 5, located to the south. Construction plans were not necessary for these calculations since only the length of the line was required, not its depth.The quantity list was created using the same calculation method as in Kings Landing Unit 5. For reference,the plat for Kings Landing Unit 9 and the overall neighborhood plat are attached. Thank you for your time. Mossa Mostaghasi MPM Development, LP General Partner EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 7/9/2024 Kings Landing Unit 9- Cost Estimate WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12 INCH PVC PIPE 590 LF $ 112.00 $ 66,080.00 2 12 INCH CAPPED TEE FOR 2 INCH 1 EA $ 1,120.00 $ 1,120.00 4 12 INCH GATE VALVE WITH BOX 2 EA $ 5,300.00 $ 10,600.00 5 12 INCH CROSS 2 EA $ 2,500.00 $ 5,000.00 6 FIRE HYDRANTASSEMBLY 2 EA $ 10,200.00 $ 20,400.00 7 6 INCH 90 DEGREE ELBOW 2 EA $ 1,100.00 $ 2,200.00 8 6 INCH DIAMETER BY 30INCH PVC PIPE NIPPLE 3 EA $ 775.00 $ 2,325.00 9 6 INCH GATE VALVE WITH BOX 2 EA $ 2,000.00 $ 4,000.00 SUBTOTAL $ 111,725.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 12,289.75 CONTINGENCY(7%) 7,820.75 TOTAL $ 131,835.50 Page 1 of 1 EXHIBIT 5 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NIA NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission, or Committee Mossa MostaghaSi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: M OSSA M OSTAG HAS I Title: GENERAL PARNTER {Print} Signature of Certifying Person: date: 11-14-23 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORNISTORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. 'Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Water Arterial Transmission & Grid Main Construction Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131 ,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131 ,835.50 to reimburse the developer in accordance with the agreement. (District 3). City Council August 13, 2024 Location Map Location Map King's Landing Unit 5 vmp� W-1rnquvnw n 2 Total Reimbursement Estimate WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12 INCH PVC PIPE 590 LF $112.00 $66,080.00 2 12 INCH CAPPED TEE FOR 2 INCH 1 EA $1,120.00 $1,120.00 4 12 INCH GATE VALVE WITH BOX 2 EA $5,300.00 $10,600.00 5 12 INCH CROSS 2 EA $2,500.00 $5,000.00 6 FIRE HYDRANT ASSEMBLY 2 EA $10,200.00 $20,400.00 7 6 INCH 90 DEGREE ELBOW 2 EA $1,100.00 $2,200.00 8 6 INCH DIAMETER BY 30INCH PVC 3 EA $775.00 $2,325.00 PIPE NIPPLE 9 6 INCH GATE VALVE WITH BOX 2 EA $2,000.00 $4,000.00 SUBTOTAL$111,725.00 ENGINEERING,SURVEYING,&TESTING(11%)$12,289.75 CONTINGENCY(7%)$7,820.75 TOTAL$131,835.50 Trust Fund Balance as of July 31 , 2023 Available Combined Trust balance as of 07/31/2023 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) n Future King's Landing Unit 09 a. Y P ' 1 � r r Legend 0 125 250 500 Preliminary Water Lines U5 Feet Location Map Project Location King's Landing Unit 09 Proposed Water Improvements o � r n � • _ High FM 43 School Date Ceated:8/9/2024 so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g� 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with LSK Development, LLC for water improvements for Azali Estates Unit 3 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: LSK Developments, LLC is developing 13.87 acres of single-family residential homes with approximately 61 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $136,870.31 BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 13.87 acres subdivision named Azali Estates Unit 3, located north of Yorktown Boulevard and east of Azali Drive. The final plat was approved by the Planning Commission on December 13, 2023. The water improvements consist of 1 ,289 linear feet of 16" PVC pipe. The allowable reimbursement amount is $136,870.31 . The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission & Grid Main Line Construction Standards. The current trust fund balance is negative and will continue to be negative for the foreseeable future. Therefore, funding for this agreement is slated to come from future revenue sources. The project is eligible for reimbursement from the Water Arterial Transmission & Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Azali Estates Unit 3 development. An alternative to utilizing trust funds to construct the water line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $136,870.31. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). 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 Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on December 13, 2023, to develop a tract of land, to wit: approximately 13.87 acres known as Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 16-inch 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 be constructed to its ultimate capacity under the City's applicable Master Plan; and 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 and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse 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 shall only be made when monies are available in and appropriated from the Water Arterial Transmission and 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 order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission and 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. 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 a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement") with LSK Development, LLC ("Developer") for the installation of Water Improvement, including all related appurtenances, for the development of Azali Estates Unit 3, Corpus Christi, Nueces County, Texas. 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 $136,870.31 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $136,870.31 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 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and LSK Development, LLC, ("Developer/Owner"), a Texas Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on December 13, 2023 to develop a tract of land, to wit: approximately 13.87 acres known as Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("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 be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid 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 §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 13 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. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this 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 it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: AZALI ESTATES UNIT 3 GRID MAIN WATER REIMBURSEMENT ESTIMATE 06/30/23 12" GRID MAIN WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 12" PVC PIPE 1289 LF $66.00 $85,074.00 2 12" CAP TAPPED FOR 2" 2 EA $1,500.00 $3,000.00 3 12" TEE 6 EA $2,200.00 $13,200.00 4 12" GATE VALVE W/BOX 8 EA $1 ,500.00 $12,000.00 5 12" EL, ANY ANGLE 4 EA $2,000.00 $8,000.00 6 6" GATE VALVE W/BOX 6 EA $800.00 $4,800.00 SUBTOTAL $126,074.00 10% CONTINGINCIES $12,607.40 SUBTOTAL $138,681 .40 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 13 7.5% ENGINEERING, SURVEYING, & TESTING $10,401 .11 SUBTOTAL $149,082.51 LESS WATER LOT FEE $12,212.20 TOTAL AMOUNT REIMBURSABLE 1 $136,870.31JI b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements less $12,212.20 lot/acreage fee credit is $136,870.31. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $136,870.31 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 13 e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1. C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: LSK Development, LLC P.O. Box 8155 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 13 Corpus Christi, Texas 78468 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 5 of 13 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 13 e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 7 of 13 of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 8 of 13 maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 13 This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/Iegal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/citV- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 13 This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 11 of 13 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 13 DEVELOPER/OWNER: LSK Development, LLC P.O. Box 8155 Corpus Christi, Texas By: Ata O. Azali Governing Person STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Ata O. Azali, Governing Person of LSK Development, LLC, a Limited Liability Company, on behalf of said corporation. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 13 of 13 EXHIBIT 1 PLAT OF FRESSFOLLYJ- AZALI ESTATES UNIT 3 ATATE OF TEHAE OF n T FDL Li wHicH Ts RDcorenEn TD wwNE'a.Pnr,D aT Cl.DAP REcoRTs.NUErFs cD..Tx 0 400' 800' 1600' IDINTA IF NIECEE CORPUS CHRISTI, NUECES COUNTY, TEXAS WE DORSAL DAPPLOPMENT LLC F Ell IEI1 I'T14T WE ARE TIE OWNERS OF SCALE-1-SOD' cED WITHIN THD eou BASS & WELSH ENGINEERING -w C —ET nR. AS SIOWN THAT STREETS ANN ERIC M ENDS AS S I OWN HAVE SEEN 11CH32RESEE'DIAREED. FIRM ND. F-52, 3D54 S. ALAME➢A ST. IIIL _ {� AND THAT NOTThis PUT SA,RARE MADE FOR THE PURPOSES of DESCRIPTION AND DEDICATION CORPUS CHRISTI, TE%AS T8404 E �/ DE Tuffs THE IS'OF zD SHEET ore RaDCH vT Ew n NOREAN INa a CIA o.AAALI.PRESIDENT nR� lul KRVP,IN 11.l KARO nR 'SITE' STATE OF TExAs § COUNTY OF NIECES 4 THE NDEIPELO MDNT.LTC AIINOSTEDDED BEFORE ME RA ATA AEI PRESIDENT OF.DORM ocAT 1[IN MAP S' =000' NOTIRI SUITE OF,ETAS SATE OF TEKPA § RAINUF IF NIECES § IF 7 HATE OF TE _ § DEPANTMON DF DD�LDPMONT A EDS DF TID Er DF RARPIS RI,I TE S COLD'OF NIECES g LEGENDSEHDEIA OF A LIEN ON THE LAND ' ENA RNA'" =EEOP*H TMMEM sERNDes AT DE DE DRANACE EASEMENT FARE 00 N 0 MAP AND I HAT WE A=N THEPIIACIDAON AND DEDGECURN FOR THE A I DEED RECORDS,PIECES CO.TP MCI MAP RMIORDA NHEIE1 CC_TV R SATE IF TExAs ® DATE Al. OFFI EST RECORDS,DUECEA 10_TP TILE_ RAINY OF NIECES § UE. InLor EASEMENT FUAH E'N `ED SATE of TIED. g ,N s THE oRARf RAr OFRisTL TExAs.Rv THE PwaNi�MMirnoNG ON IEETALF IF COUNTY OF NIECES § THIS INSTRUMENT was ACINOwLEDOED EFORE ME EF (NAME). M(HERE MILLER Ac RAIMOND oI.AM (TITLE).OF FROM THS E DEC EKING WALEI Al CONTACT RECREA oN USE MONUEN`AT`N I"HOT"RNER'S sTe-... Ro . SPATE of TECAR § INIEL Ell AINTAN PLASTIC APPS THE sn,E IF TExAs COUNTY OF NIECES § ueELED PESI AND 11 IF INcmDORINc. CIE" THE FIT N AND PLATE OF Toxas g HERERv c[RTISFv THAT THE FoRDcomc INSTRIMENT DATED RHsaD couNTDar of zooD.NAD TaeA. Al ALL IF THE CUP FIT ATE FDA IN GONE I 1ITH EAWI COUNTY OF NIECES ® zo WITH DS CERTIFICATE of AUTHENTICATION. MAP was FILED FOR RECORD IN My OFFICE THE DAI OF 'ONE E,tFu AIRN THE NORTH P AI 11 OF THE E,TE as CHowN. 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ALAMEUA IF CORPUS CHRISTI, TEXAS 73404 EXHIBIT 2 Reimbursement Agreement Application Date of Application: 1/19/2024 Type of Agreement Requested: Deferment [ ] Reimbursement j x ] Participation [ ] Approved Plat Name: Azali Estates Unit 3 Public Improvement Type: Approved Public Improvement Plans: Y [ ] IN [ ] Cost Estimate for Public Improvements: Ownership and authorized signatories to enter into the agreement: Contact Information Name: Mona Serna E-mail address: office@ataliving.com Phone Number: 361-994-2850 Preferred Method of Contact: Email [x ] Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: LSK Development Company Address: P.O. Box 8155 Corpus Christi, TX. 78468 President t Applicant's Signature &Title Submit Application Electronically to: contra ctsandaoreements(a)cctexas co Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 aim 7 a- r� � d a oa J Jo Jo aGo ¢o m r� - w -6b �LL � a 0 0 osm� ¢¢v <ow Q85 5.3� Noo -u nu6�un <e _ kd MN - LJ InnIuu66��uunnI �/V n �3< m € a N e`- N i 3 ff 8 u n n n m 0 1 4 a a s a �g o ` FOE $0 4 0 , r ooa 92 � psi 89 g " �soo �Q4o¢who� G p s a u Vpu6 0 0 � - ti =a � MOO FOIL, /J/1 `,, _ tj "gyp- - �zE � =�cc w§ wS� 4§ pjo azG�. o o00000000000000000000000 000000000000eseo 1 —7 El) 7 F— p RI,I -14 I -jD r 3n ss � I N C C F nIJ I LJ in y W oi cF, Iwl r J o n m g I �� in e o� o w ul IF s in u � t � 1 o a i f , 3�s �I _^ �� js�l ws ti � a o 0 o� N rY i y o �o B 1 f �I L o II _ - In �z m �� �� �,. 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oil �� sWO HL Qm - A — _ � °sod _ l AN g �-0cs _��allo sndac.,� � ���� usrarro sndao� In / � lit! - 1110 % %�hgt 1 � H Ho . -1 HIM r I fa%ss3 ji Ow r �I ,ems r� , EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521- FAX361 882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 AZALI ESTATES UNIT 3 GRID MAIN WATER REIMBURSEMENT ESTIMATE 06/30/23 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12"GRID MAIN WATER ITEMS REIMBURSABLE BY CITY 1 12"PVC PIPE 1289 LF 66.00 85,074.00 2 12"CAP TAPPED FOR 2" 2 EA 1,500.00 3,000.00 3 12"TEE 6 EA 2,200.00 13,200.00 4 12"GATE VALVE W/BOX 8 EA 1,500.00 12,000.00 5 12"EL,ANY ANGLE 4 EA 2,000.00 8,000.00 6 6"GATE VALVE W/BOX 6 EA 800.00 4,800.00 SUBTOTAL $126,074.00 10%CONTINGINCIES $12,607.40 SUBTOTAL $138,681.40 7.5%ENGINEERING,SURVEYING,&TESTING $10,401.11 SUBTOTAL $149,082.51 LESS WATER LOT FEE -12,212.20 TOTAL AMOUNT REIMBURSABLE $136,870.31 Page 1 of 1 EXHIBIT 5 Exhibit 5 1 ' DISCLOSURE OF INTERESTS \ Development Services Department p p ent 2406 Leopard St.Corpus Christi,TX 78408 i Phone:361.826.3240 i platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: LSK Development LLC STREET: P.O. BOX 8155 CITY: Corpus Christi ZIP: 78468 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑ OtherLLC DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownershilp in the above named "firm". Name Job Title and City Department(if known) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title NA 3. State the names of each "board member" of the City of Corpus � y p s Christi having an ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee NA 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA CERTIFICATE (To Be Notarized) I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: �,1 Title: i�l'fSiG� (Print) Signature of Certifying Person: Date: I I S 1 �- Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 Water Arterial Transmission & Grid Main Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). City Council August 13, 2024 Location Map AN � r, R �r 0 100 300 F..1 Location Map CITY Azali Estates Unit 03 -' LIMITS Proposed WaW Improvement A9 iNunbar 151i9 DNB:b 24 OeperMenl N 0.uabpnwl5ervbs Total Reimbursement Estimate AZALI ESTATES UNIT 3 GRID MAIN WATER REIMBURSEMENT ESTIMATE 06/30/23 12"GRID MAIN WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 1289 LF $66.00 $85,074.00 2 12"CAP TAPPED FOR 2" 2 EA $1,500.00 $3,000.00 3 12"TEE 6 EA $2,200.00 $13,200.00 4 12"GATE VALVE W/BOX 8 EA $1,500.00 $12,000.00 5 12"EL,ANY ANGLE 4 EA $2,000.00 $8,000.00 6 6"GATE VALVE W/BOX 6 EA $800.00 $4,800.00 SUBTOTAL$126,074.00 10%CONTINGINCIES$12,607.40 SUBTOTAL$138,681.40 7.5%ENGINEERING,SURVEYING,&TESTING $10,401.11 SUBTOTAL$149,082.51 LESS WATER LOT FEE $12,212.20 TOTAL AMOUNT REIMBURSABLE $136,870.31 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Approximate Limits of Azali Estates Unit 03 t= Kare ur Proposed 12" PVC Water Line 1 r , ' r 0 100 200 Feet l I I l l Location Map CPU�T'Y M Aza I i Estates Unit 03 I%TS Proposed Water Improvement Subject Property g N.T 5 The City of Corpus Christi makes no warranty,express or implied,including warranties of merchantability and Project Number: 15479 fitness for a particular purpose for the enclosed data.Use of the information is the sole responsibility of the user- The material comes from a variety of sources-We do not control or guarantee the accuracy,relevance, timeliness or completeness of any information. Date: 219/2024 tion. Mile we endeavor to provide timely and accurate information, we make no guarantees- Department of Development Services By use of this data user understands and agrees to information above. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MTS, LLC for water improvements for Kaspian Subdivision CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1 ,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement (District 5). SUMMARY: MST, LLC is developing 19.49 acres of single-family residential homes with approximately 64 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $1 ,245,538.00. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 19.49 acres subdivision named Kaspian Subdivision Unit 1 , located south of FM 43 and east of CR 43. The final plat was approved by the Planning Commission on December 13, 2023. The water improvements consist of 3,990 linear feet of 16" PVC pipe. The allowable reimbursement amount is $1 ,245,538.00. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission & Grid Main Line Construction Standards. The project is eligible for reimbursement from the Water Arterial Transmission & Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Kaspian Subdivision Unit 1 development. An alternative to utilizing trust funds to construct the water line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $1,245,538.00. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fee from Water and Wastewater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $1,245,538.00 to reimburse the developer in accordance with the agreement. (District 5). 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 Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on December 13, 2023, to develop a tract of land, to wit: approximately 19.49 acres known Kaspian Subdivision Unit 1 located south of FM 43 and east of CR 43; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 16-inch 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 be constructed to its ultimate capacity under the City's applicable Master Plan; and 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 and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse 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 shall only be made when monies are available in and appropriated from the Water Arterial Transmission and 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 order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission and 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. 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 a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement") with MST, LLC ("Developer") for the installation of Water Improvement, including all related appurtenances, for the development of Kaspian Subdivision Unit 1 , Corpus Christi, Nueces County, Texas. 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 24 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 $1,245,538.00 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $1,245,538.00 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MST, LLC, ("Developer/Owner"), a Domestic Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on December 13, 2023 to develop a tract of land, to wit: approximately 19.49 acres known as Kaspian Subdivision located south of FM 43 and east of CR 43 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("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 be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid 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 §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, 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. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this 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 it is expressly agreed that any Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Water Arterial Grid Main Construction Item Quantity Unit Unit Cost Item Cost 1 16"PVC water line 3,990.00 L.F. $190 $ 758,100 2 16"Bevelled gear valve&valve box 9.00 Ea. $20,500 $ 184,500 3 16" x 16" x 16"M.J.tee 5.00 L.F. $1,800 $ 9,000 4 16"x 16" Tapping sadple,valve,&valve 1.00 Ea. $22,000 $ 22,000 box 5 16"in line M.J. joint r;!straints 10.00 Ea. $500 $ 5,000 6 16"x 12" M.J. reducer 1.00 Ea. $1,200 $ 1,200 7 16"x 8" M.J. reducer 1.00 Ea. $800 $ 800 8 16"x 6" M.J. reducer 3 Ea. $800 $ 2,400 9 16"M.J.cap 1.00 Ea. $800 $ 800 10 12"M.J.valve 1.00 Ea. $2,400 $ 2,400 11 811 M.J.valve 1.00 Ea. $1,200 $ 1,200 12 6" M.J.valve 3.00 Ea. $1,000 $ 3,000 13 Fire h drant assembly 3.00 Ea. $6,500 $ 19,500 14 Trench protection 3,990.00 L.F. $3 $ 11,970 15 Stormwater Pollution Prevention 1.00 LS. $7,500 $ 7,500 Sub-Total Construction Costs $ 1,029,370 +PEE OF �F*�I r5�:••" 9sh1 .� Engineering 8% $ 82,350 .JUAN 666 PER LES,JR. 52 Construction Staking Supervision 2% $ 20,587 S SIB• G 10NAL TOTAL $ 1,132,307 jZoz3 Conti enc 10% $ 113,231 Total Construction Cost $ 1,245,538 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 2 of 12 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements is $1,245,538.00 Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $1,245,538.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 12 accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MST, LLC 5626 Ocean Drive Corpus Christi, Texas 78412 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 12 C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/qovernment/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MST, LLC 5626 Ocean Drive Corpus Christi, Texas 78412 By: MST, LLC, a Texas Limited Liability Company, its general partner. George Mostaghasi, Managing Member STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by George Mostaghasi, Managing Member of MST, LLC, a Domestic Limited Liability Company on behalf of said company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 12 of 12 EXHIBIT 1 STATE OF TEXAS COUNTY OF NUECES Ante Df C.-Hy of Nye We,the Mostaghasi Investment Trust,hereby certify that w e th,o of the land embraced witM1in th,boundaries of the foregoing plats"'I"'To a Tien a Sands,Clerk of 11,County Court In red f„1111 County,d,M1ereby c,tify that th. In favor of SIR TO or Teas Bonk,LhEt—have survey and subdivided as shown', H 9oin9 y or a 20__,wilL Its Yicate o a foie Instrument datetl the tla verb forever; that easements as authenticatbn was sled tec„d In my office the- day of_ _ 20_ f At I—street sM1awn oe tletllcotetl to LM1e pubic use and dal recorded the _ If _____ 20_ _ sM1own are dedicated to the public use for the install atlon,operation and use of O'clock _ y day and that this map was made fof the purpose of description O'cock M�In sdid County ge a public utllltles', and Volume �Pa —_ _,Map Remrds dedication. Witness my hand and seal of the Caanly Court In antl far said County,of office In CH ', thie-__- day or-- ----_zo__. Chhstl,T_Ld the day and year last whiten. Na. Filed U.,Reed pe dSCo a SOa .eaanty H unty, aeTk ossein MOstaghasi,Trustee at O'cock M. Nueces Texas STATE OF TEXAS State ai COUNTY OF NUECES County of Nueoes nstrument w s k wledged b ore me by Hosslen Mostaghasl as Trustee I,F,etl C Hayyden,J a Reglsteretl Profasslonal L d SLrve`or for Hayden SLrveying,In At the Mostaghasid In vestment Truste Have p the foregoing IT n rvey LL he ground un r my and ITS b THE k owledge,In�otmatlon.a belief:dl U-S b engaged all L d Block c shown M1ereo�a replete such under contract to set of an ,,nets as Ind I,a,I this day of 20 Q' operations wM1M1 due and reasonable diligence--t-SM sound professional practice. Z - Fm-n2 ZIT 7M1s Ne _ANY of 20 N °o J Notary pamie Iri and for me state or -cps Taxos Lcensa No.44A6 STATE OF TEXAS COUNTY OF NUECES SITE ° We.Spirit of 7....Bank Hereby c Ulyy that w 9 11 TOTAL PLITTEO A r a F I r n LM1e holders o a Llen on the land e ..d SHUT,tI, )A s/e"DIAMETER STEEL REBAR AlW FODNII Af E°ERY c0RNER E%cEIY AS'PE, FTIl boundaries of IT,foregoing map and that SA approve - th,subdivision and dedication for th,purposes and D)PEI�FLaao imsuaafeE RATE MAP.MAP SUNDER 1111 as20c.PR conslderaLI...therein e.p,,,,,d. BY: a)EAL PROPOSED'INISUEDRFL00R EL`..NI wlLL OF A MINIMUM OF UVE THE VICINITY MAP NOT To SCALE PIFT-Ell bl 1111CHIS1L.D FLIABILDINA ISHI A TITLE: - s)THE NT'THE THE ILAI IE1 THE AIUAT11 LIFE III FIX THE III IAI STATE of TEXAS PLAT of T R WATER,.AND HAD CATENIPRED THE REIEIXND OATERE AS COUNTY OF NUECES T T T This 9nal plat If the herein described o erty w T approved by the KASPIAN SUBDIVISION-UNIT 1 ;DTM Depordnent of Development Services EX p the Qty of Corpus Chhsli, 0 AL2DEAR 'IARE YA LA AIND DEAERINCS BASEDAR eANIT,D In T F TM Texae. LEGAL DESCRIPTION: FALL CODRONATE SSd EM oR E This tree___—_ y Dr 20_-. BEING A TOTAL OF 19.491 ACRE TRACT OUT OF A CALLED PITENIII r soDTR zDNE NAD e3(COBS se)EPDw zoll ALL DisrANCEs suawN ARE suRFACE 99,517 ACRE TRACT OF LAND BEING OUT OF A 284,6048 ACRE 1)S111ARD ISSUREMENT As F INH ED DEVELo MENT TRACT OF LAND, MORE OR LESS, COMPRISING THE SOUTH I.DE AND IS T TO R THEIF ANDE Br A Wh,t e,RE,X,Jft,OPA, ONE—HALF OF SECTION NO, SIX (6) OF THE LAURELES FARM s)P AIII DII—Ar Amass ALONe coaNTI RDADMHE Is PISHIDITED. Develop U Services Engineer TRACTS, AS SURVEYED BY FRENCH AND HABERER SURVEYORS, HD CCDNTI RDAD As MUST IF DUILT To A MINIMUM of A IA-FT PAVEMENT AND BEING OUT OF A LARGER GRANT OF LAND KNOWN AS"EL RINCON DE CORPUS CHRISTI GRANT", AS SHOWN BY MAP OF 11'NIL'LIT DUN I,RDAD as MAT DE DUILT To THE REDUIRED SAID SUBDIVISION OF RECORD IN VOLUME 3, PAGE 15 OF THE UP STAN MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 284,6048 ACRE 11)AS IF SUSECT PRAPERTI IS SSND SERVED 1A A HIT STATION, STATE OF TEXAS TRACT ALSO BEING NNEC COUNTY OF NUECES DESCRIBED IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN CONVEYING PROPERTY FROM TO C, PEw.nANENr wnsTEwATER IMPRovEMENrs Tree tonal plat or Hne nereln de erty w behalr TISDALE, III AND WIFE, VERONICA DAWN TISD ALE. TO JOHN C. RAVE BEEN roNSTRUcrED_ prop as approved on of the CITY IF corpus Ch-tl,Teas by the Planning Commisel,n. TAMES AS RECORDED UNDER DOCUMENT NO. 2002021903 OF It,the_ _da y If--__—-___20 THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 99.517 ACRE TRACT ALSO BEING DESCRIBED IN THE WARRANTY DEED WITH VENDOR'S LEIN CONVEYING PROPERTY _- - - - Michael M.Miller -- FROM JOHN C, TAMES TO THE M OSTACHASI IN VESTMENT TRUST Ch., AS RECORDED UNDER DOCUMENT NO. 2021 022985 OF THE � GVlICYI -- OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. Approved by the Planning Commission AT Rayl^a d III aA on December 13,2023 Seaaaryn SuJveying,Ine. 5866 S.STAPLES,SUITE 3J5 CORPUS CHR ISTI,TEXAS 78413 PHA 361-T28-7188 I�I GAYLE SPECK N Y,SECTION 6 LAURELES FARM TRACT N Q DOC.: 2001 D33299 WEBER GREENE,LTD. N Frtia3 n�, O.P.R.N.CT. DOC: 2DD4004195 N h secnoN s a.P.R.N.c T, -- — LAURELES FARM TRACT _.....�..��---...... ..........A....__—....._,_-......__,......_,_,.. 5 N89'11'46"E 570.00' z,C l Fl n[RIVER D— RAV e� e rvaz,�'ac'[ W rr,,�� ---§.�- ----- ---- ---- ---- ---- --arvry ITE e �Y �� e _ �yP zs GRAPHIC SCALE ECT, 5 ' v.N8 E scale. , - ,00 ree, 1 a. o _ —11 AC— — rvry �E� s s VICINITY MAP NOT TO SCALE -�5 n"tee' FTNAL PLAT of -- - a°�"W AS - I',� m Ns9'1 r4R"e KASPTAN SUBDiVTSTON-UNTT 1 0 oo' p OaoRE'oR`aE 7RAC o�y �" lF.LP'lNIN`TUlE'l'�71TH ONE ="1�OFTIE LANI�%EEINA � a w.„ a �` 1z1a214res aF.„E aFF1A1 Pare«REreaRare TRUEreEre coamw.TEA m ,carve J A TR AI -__ -- - a- - ��Q k3vw g C4B a s c a E eT i' o S89'11'46"W FT 50,00 - „I, R�� CT431 ¢' Al a ,� c7s Ts zo'z3 -- s2'I9 4a" _ S W w 10.00' 10 a N �zsb zoo zry zsa m � erg G `ry'd --- w` , N Y SECTION T LAURELES FARM TRACT YVeyIY7g ME p JOHN C.TAMEZ DOC.:200202/903 5866 S.STAPLES,SUITE 315 O.P.A N.C7 CORPUS CHIPISTI,TEXAS 78413 PH.361-728-T188 EXHIBIT 2 Reimbursement Agreement Application A Development Services Department Submit the Application to: contractsandagreements()cctexas.com Mail to:City of Corpus Christi Development Services 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Date: Dec. 12, 2023 Approved Plat Name: Kaspian Subdivision Unit 1 Type of Public Improvements: Water distribution system Ownership and authorized signatories to enter into the agreement: Hossein Mostaghasi, MST, LLC on behalf of the Mostaghasi Investment Trust Requested duration of agreement: 36 Months Point of Contact Information: Contact Name: Hossein Mostaghasi Managing Member & Senior Trust Officer Contact Number: (361)765-4422 Name of Company Entering into the agreement (L.L.C.; L.P., Inc.): MST, LLC Address: 5626 Ocean Drive City: Corpus Christi State: TX ZIP: 78412 Phone Number: (361 )765-4422 The items listed below are required before an application can be processed: 1) x❑ Application for reimbursement per UDC Section 8.5.1 or 8.5.2 2) Q $535.00 application fee for new agreements and addendums 3) x Planning Commission approved plat (Final or Master Preliminary) 4) x Cost estimate for project from a registered engineer 5) x Public improvement plans or design memorandum 6) x Warrantee Deed for the property associated with the project 7) x Disclosure of Interest Form 8) x Form 1295, a W-9 Form, and a Corporate Resolution r Managing Member & Senior Trust Officer Applic na is Signature Title City of Corpus Christi I Form No: DSD-3016 Rev. 3.31.2020 Page 1 of 2 EXHIBIT 3 DRAWING INDEXX es s 1 IT 3 p PUBLIC IMPROVEMENT PLANS 3A 3 forOD, COUNTY ROAD 43-IMPROVEMENT `Ty EIDE I - KAS P I A N SUBDIVISION — UNIT 1 RTEPNARAN �R STA 110lo'SI TO STASTA 5410 CORPUS CHRISTI , TEXAS ++ �4M IMUNTP RDAD 4� sTA RTA 61+41 TA + ,+ ;. ALL ITA oENEM�DIN N�1Rw �+ ': F °TT RoA°A3 SITA TA E4+Eo To STA<o+oo a �3z�a CITA —1"11��A� = �R E STA + w o N.L ISLIP E o,�.w4=1-1�w�R IN"I-1oPo W DTTLE 11111 oD��NENrs`SEN O+TO.A11a E o1�TT WUNIT TRo� To T + CANOPaE�REDE W w w + INUAN I PE-LE "A N�N�A,-+O=T BE �PAc.,��+a �N=��C'o �._ 11, w w W IEreT9�,�ST + + a w.W. LE(cre 411 S + + cT mRaus NZI". %IT'IkrgnoN auN 5 s2_ ROAD 40 w.w. PROFILE TUTA 9TI 60. + DEVELOPER INFORMATION + + 11, c v w.www. PROFILE + + TO AR THE MOSTAGHASI INVESTMENT TRUST v ww, ae + + 5828 OCEAN DRIVE 1, c c ww. PROFILEreoe +a TO sTA.I4+1 CORPUS CHRISTI,TX. 78412 + L. 11, IAIPIAI SEA ROAD N wwww. 1.1 + +' c6 0 AT LE KIIUW Whd�S l)EIOW. POLLUTIONRPREVENTION PLAN PPROFILE STA.0+00 TO STA,4+80 N ^] v CALL hdure you dig. - c ow,u ION PREVENTION DETI"I CALL BEFORE YOU DIG! -MM'IMF MANNA.IEMEHT PAI" w 10 VICINITY MAP sTORMw TIN ' s46, DIG TESS au_ _ �1,800, 44.8377 ° m m VEFIZON DIG ALERT IT C R.9S& CTRIS R ER G.INTER ECT DETAIL i.8AA.483.6ZT9 CITY OF CORP—55 ADD O RAMP DETAILS V S STANDARD DETAIAIL SHEETS: 0- THE LONE STAR -aATCWA w E NOTIFICATION COMPANY I.8A0.61-144 - LEGEND ABBREVIATIONS CONSTRUCTION NOTES. E4 I ELTIEIIP—PP�E I' 'll`IEI IZEII 1. E EE"'�l BE numrto—oll mr ore l- 5 E o 1— IE I—L IE_IHI —11— N Z.1—1 ILrve uwucr 'ElIll 1111E, IE- 011-1 EL11111 F"" arercere lEEP'L—1111"Ell R 2 T L E" E, y �L,21%`,` � O�Ej—"Ell CEO eoP�E �D�E 0 N 1���T VZ�CEM 21'171 EA"ll' I E I I �B�E Illo— I—L aE 111-11 I —E TMr 111111 IE 1—�l M1'12 ML"1 I'Ml='IML'�7ZPIVI'l �I`�I` �re !D Z�PTI`��I�EL�`. 11 11—91 11-T11 10 nE 1111-11 —l—L IEP— �E—E 1 1---o XcuasP�P�EIZIFI ZEH%�%�'l —1-1 11 -1 TL EL Eorca V IF E II�aory E 11 EL N,Ems,I D� IE-1 1-11 P0110— DET—,l I CITY STANDARD SPECIFICATIONS eE E 1-1 5 E� ILCNEKnE E 11 DEM�E�"=�E�,54�LE�E.�, 151 OMEI-E DE �l 8E rare wren P-11—01 E vnrcrexv "MoT�ZD�na ,"nE.� X MX' 7 3 MM� �T"5161 I.H%I�.E 6 3.,=W14 BE 1-55—E—E I—D 11--41IT&I�E5 Ep E IE-11111-EL 11 IE 11 11PEC ZVV`NIMEZ DEP DE I.E 'ED E_ '_E_ 0MUE E.P"� wEren �WM %MMEl�Cl&— —1 1-11—D --------------------- (RELEASM FOR C—U-ON EZP�"EVSOIZ—�ET�,E��ZIHZ�E 11 �1—'"ILL 91 —E`ME 111——11 I—E—D 11,1-1—H-111—11 N � El IE LOCATION MAP scnLE:N.T.I. 0� _-- f s .Y F 4 I 5 " Y h •.li �s I I. I 14 0� c w I I a I W Bi co 43 W LOCALiON MAP z w � WE of z — wW NT 1PI—11 o�>N RLINI a. oN 1s�N<anaooNa w„1 111�,1 o�roaP�s�xR�s,1 a INI LINI "„o�NoaP�11-71 a�.�w<,�a N�.�P,aN NS Ares IN A�ROANa�.� 0Nws.oR III K1P.AN s0-11s1IN ,�E aPPreoN�Pre��N�Nare,P�>. s9 INa-ID—1711 aPPR1171 PreILININare,I�47.ore L IN N�P,aN — No IONITI1171IN 1s 11110——roN 11—No A1— MR U =ate m � m a GAYLE SPECK DOC,: 2001033299 - -- -- O.P.R.N.C.T, - N %z SECTION 5 LOCATION MAP LAURELES FARM TRACT �. — �— — - -- -- - __ — _ u z I a a * II o ' ` F — W z — — — -- — — — — — — — :oo — — — — — — Sao a *= ti 41 KASPIAN SUBDIVISION �zo COUNTY ROAD 43-IMPROVEMENT J.Perales civil Engineering and parning Services TIME I OFFSITE 16"WATER GRID MAIN EXTENSION s 3B of 68*�� a 3 _ SITE SITE WATER MAP GAS MAP F � z � o �F c/1 o s 6 w� N ® N o I SITE SITE m a WASTEWATER MAP STORM MAP eF 7 No E LOCATION MAP tia,TO SCALE Z _p 'S Ei, 41 oa 1r.CHAE FASELER DOC P.R.001 C: 2002008129 0N N R SECTI 0 p R N CJ .,.,�AIRELES FAR CT Y2 SE 16N 1 ��S FARM TRACT 1—i- -Li F ---------—-------- ................ c-R -TS Al ME A" e;5 F rX i F tS . I A,X W, T11 ------------ --- -- - -- ------ ....... ----------- 'I'NA 11S -.A.. TI T IT 1 2 UNIT 1 - TEMPORARY OFF SITE DRAINAGE DETENTION DITCH PLAN & PROFILES n s HORZ. 100, 1"LIJIL'11"F'�2 B VERT.11 100, —E� T p IN I —A p B—————— —— ———— f 11—INT ————————————————————————————————————————————— — 32 NEg" FL 1 raw�1�1— FL` ———————————— wz F 1— ND III I—T INI IF _EN, Ir ca o 2 WEBER GREENE, ETD, HTozwz Woo +� "�"' � DGG.v 2004004195 O o U NOT S� } 6�i N N O Y a 0 M O N o w w 00' w> [Oro NII UO� �cO 11 SEE ESHE SHEET 52 M LL N m J N MEN U W Q FDR CR 3/ARANSAS RIVER Q N w P T!n O N jl II II OR.INTERSECTION DETAIL Q II Q Q I O W G. .R.N..G. . n wQ+w II�O Ji Ii I�� fn U'r I c9z�LJi fn�KI1 Z fn C9 cT r a-�P1L30'ZQ w� o Qfn w 11 fn w Q U `° _ o } STA. 1+47 _ 0 2° F ' 0.667 t- yARANSAS RIVER DR. m o.so� w �� Q e o FUTURE 75.0'R.O.W. 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Z CO O N N Q + r O 3 19 N Q I� N N�I J O � W III / — ` \ �� II z0 VI +O -IIOLLI II d } m F Q QI r U' o'J Q -V'V' V w, d 0- _ -------------- A STA�4+703 � w alma a - � a C i � +°� d 6 wL� 3C 24.8 s r_ 34 LF 18 RCP 9s RCP Rq9 V>+ aim 7 -- °" STEPH CIRCLE Tc 2s. a 0,379_ c o a39 s oPe @ o oa9 s oPe o.30� _ 4 09 0 t —� _— —_—t _— <o I ao 0.309 a+�a rooms ,.cam., C W i o0 7.5 �� n+pa 50.0'R O R. z+aa 0.309 s+ao' 60 m { N ��4 TC 24.84 1 r � � R O LL _—__—- -�—L --_- - _ g 3 74� l2 ATA5C°" � g 25' YR o O z 6 R°A-1=zo of 6 15 4 QiUJw Imo T1 ��ouuu CJ O j F E- - 0 28 ry — F t _ o z o �^ - N o n< III ry VORI l n ry F ry r m of rv� o �o a^ o + ✓�� o �n o n a �y y~ m HORIZ 26 ,� — m ry � � � ° o ------------ 24 26 'ew 44 � 18 d3 �e@m� 87 16FT _ — md m u eo rox�coxs�mue�wx � 12 w a oaoo 1�00 2,00 3,00 4TOO 5�00 <a 5 o o 083 j + �,1 1 o ego ego 0 5169R M + hp Qm IIm o �`o�Ji �u�rn II Ji Ji J cJ ° u�iCO dm �ro�o ";zs`"co`sn�Rv�R wQ519 STA. 4+39�c �« N - 447 o TC 26,8 TC 26.9 %__ ®o w _ s sioewn�K 7.5 w r aoN ss�szoPe o� TC 28 90 0.97% - z3 w s Rca _ TA°5+30J o �� TV w 3 N 0 RASPTAN SEA ROAD 4 0.439 SLOP -i aT�F is' RCP c o.209 ,� —1— TC 26 83 _ ,r STA. 0+65 -' _ a+is alvc— "� s�A zoo" az w� 0 � o,a3G szoPc � z RCP®o"iaG 0� s+o z+ss Pc® EOUA7ION 51ATION q SLOPE"R 3% STA + 18 LF 18 STA 0+65 0 519 c�n�nN 4+a 07%9 wU— 0, scos e o K T s SIDEWALK - DD 0 r9 0 00 0 r ran TC 26.8 F - c4 n �000 �� e- o' 'io o ii u u c+o oNo Q m i "+'m N se..r F n9 R giro ii co"roro �,ai g��=� ri�urz 5 y o z��� �2 3 �� z -® + z Q m a 20 - - N W 'J rc m �v >r F N w n o � ry 0 o> m n - + o r 8 HOST. z z E Q= xoRtZ. 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TC 28.76 E 18" FL=2�.79 - - - - - - -N - a=1e,a - - F�25 - - - - - 0' IL IAI F -PROP sb a �a ,EOPl° sr 0 0 .ww ,k + OOs ¢4.1+ _ x zRs� o I4_2+0'a0 6R_% R- = 1 _ZaS 43411- - - 44-+00_ 4++ — P Y � -aE i 13 LF 24'RCP �S SC-OP �n_E_RSTP)^o _ Q-TH J pF O.P, � 030M 4 F 18"AP, PROP, 0,387 RCP 00.25%SLOPE - '— ld C � j C 9 -----------��as-------------FG-�iJis BEG N2876�9835 ,5 i0'SHARED PATHWAY 29Y8 rTITA217,8035 a 29,9 ` ,S i 9 ------------ -------------z,_______FG- 9 it�e-3 Q, G SECTION v i� �'i HGL 5-25,15 ',� 18" F-21,84 ��_ scAl 1"-20 0T E- 30 _ ORIZ.'1"20' O 60 O rti � O j F F F O _—_— a w a a r� N.G ____ ____-- --- --- --- --- --- --- --- --- -N.G. --- --_ - - --- - - - 26 — - - - - - wSL _ _ ___ __ ___ __ ___ ___ ___ ___ ___ ___ ___ __ ___ 4 -- --- --- --- -- --- --- --- --- --- -- -------- ----------- 2 0 20 0 � � m 18 16 -> w @-- 14 U cw. �u RELEASED® 12 40"00 41"00 42"00 43"00 44"00 45"00 W C.R°R T STA. 49+33 RIM=26.80 �' CI-A4 STUB RCP HGL 100-2 5 W STC=27.00 ILU24, T —HGL 100=25.13 -- -- r" Y2 SEC �`.rJ R S HE 5-24.20 FL=24.50'. W 30" FL=19.98 F, Y) III 30" FL=20.03 S 30" FL=19-98 W q L A W R E L N 42" FL-18.96 W ES FARM TRACT x 24" FL=24.00 � E 18" FL 20.98 - z,.ao 'lb' WL zs.zo - - - a-zs.a -- - - C, `EDGE OF PAVEMENT 46+p0 - 29 309 13 LF 30 RCP CL 27 - + z o.a a TC 28.98�aT+ooO ae+oa 0 °a9+o 0 50a00 _ev 0r ;e 51+0o CL=2129 - 3 Q, 596 LF 30" CP @ 0.12%SL @ 0.2 _ -k -- - N — R49) STA. 4L4 7 CArE E7,�LY DR SCR 43 R1 -- E� — -6TNEFs TT,p — —- —Z-- �—- - L=27.00 —-`F—s - a ------- ON y �Tfl 49-+36-, ,�< --- -- - --- STA 46+28 -- - -- N cl a ^' - -- 49 86 PVC - W TC 28-9 �\ N /� _ TC 28.9 �" o _ 0 1.037 2a LF 1a RCP c� 2a.e EocE of Pav d' - ®0.259 SLOP J� 8 T 29.00O A O/ e- w a 10'SHARED PATH WA �� �150 LF 1 PP �< END OF CURB GUTT �-+ 30 0 �1, 1 � TC 29.OZasaosn S-oa.5z FG 29.6 5 STA, 49+33 G 29.2 STA.50 Ull z- -- --- m - sw[tx��T-0v s ----�� - --- CI A3__ - -8__ _ - _- - - - -__3.3 GRATED E� i oE' i� m TC 27.00 TOP ELEA 25.E x, of HGL 5-23.95 FL ELEV=22.o0 d 18' FL=21.08 (N&w) ' sense:i"=zo' a' + F 30 o ERT.1.2. — — __ ORIZ.1-20 28 ' 'T ICJ W a n � F z - a 26 N - --- --- --- --- --- ----------------— - 24 x .__ --- --------- ------------------- 22 -------- - t PROPosEo;so aaF,��`Rs,- oas>.ss Ps + Q 28 z ��«a 6 W IE 12 11131 z11EEL NNEs T a ALL= 14 v 12 a a101m � - a 46,00 47,00 48,66 49,66 56,66 51,00 L/ URELL IT w a DR w EA 27_8N o F -- -- - -- -- -- ie wR- - �� cw+ DGE OF PAVEMENT 2s as o - _,EDGE CL=2Ra0 a EDVE of vnvEnEN� w 42 RCP o — z �L= 46 �®0.12%SLOP 5�_ 0 6+D0 — CR 4EN 055+00 Uj -PI r ED Ea OF P VEMENT .._0 J 1= 2I RT" 3 w EMENT o — — e4 OTHERS(TIP) oss FL=25.26 15 WW LINE _ —FL 25.38 FL-2550 0 oq2 F, CIE 43 STA, 53+87 ,�...,,, C BEGIN ARANSAS RIVER DR. w U �22880 �o -ib SHAPED PATHWAY p OU B&GUTTER STA, 3 as Q7FCAn ,5� FG 284 �� vi n - _ U a RIM-2 S N A tiTV RIM-27.76 z' ------- N DHGL 5=22,65DHGL 100-24,09 S 42" FL=18.50 c0 � NOTE SCAlD- SEE SHEET 52 FOR CR 43 / ARANSAS RIVER DR. INTERSECTION DETAILS z 28 - 1 11 11 Do— l-20 E+ w min ii U 26 --- - --- ---N� c 24 - ------ - w x w --- ---- ----- -------- 22 EE-----------------------==- - ----- -= --- ----- -- - --- o TP 26 =IEl III IF] 18 10 E w z - 16 w w > 4 w ore_- U cw'a =a - 72 - � U o� 52�5151 53a55 a54,00 MATCH LINE STA.2+82(BARKLEY CIRCLE)SHEET 22 MATCH LINE STA.2+88(HARDIN CIRCLE)SHEET 21 MATCH LINE STA.5+90(KASPIAN SEA RD)SHEET 8 ti�i n rn SCALE:1"-20' x= STA. +47 N STAR 4+62 + - CI-B5 AN 2 0' CI-B2 -s � ID � � � 61 LF 4" RCP 4 0.16 SLOP " �' TC=26.05 C,J STA. 3+67 ly+ TC=26.10 u� >ta HGL 5-25.80 CI B4 HGL 5=25.15 S 24 FL-19.93 TC 26.05 =3 a,T' 8 FL 2023 R,1 w E24 FL %� Ol HCL�2s.35� �� 1 w x -- — -- -- 3 Q(FG s' F� a ®1� -2��� en - A R,1Ea� A +d9 4 oCE� R Cl 7+s 'AS STA. 3�44 00�'13 LF 24 RCP®038%o LTC 26,42 m 13 LF 18' R @ 0 Z99�9 w 3 LF 18 RCP �ID06 0�58%ATAtiCasA RIB' R DF CI B1 1TJ nrevEe 0.307 �0225 LF a2' RCP @ w o,77q SLOPE AT1 13 LF 18"RCP .30% £0 0.089 SLOPE 87 LF 48 RCP 160 LF 48 RCP 7 o o 1 00 ! 2+DO ~ m3+00 +DON 5+00 6 G E HGL 5 6.00 p0� @ o.7T� TC 26,42 @ o.oa%SLOPE w 0.349 @ o.oeG SLOPE �°sBa - e w 24" FLf20.03 - m - +' 0 - --�5��k-�P t - €f-- -- - - - - - ��� - -- STA. 3+74 STA.3+82 STA. 4+62 STA. 6+08 STA. 1+47 STA, 1+47 CI-B6 o H_B9 MH B2 MH-B3 MN-B6 o uI CI-B3 _L211tiL=2.5.88 TC=26,04 T2WL=_C5.93 RIM_2� �¢ m TRIM=25.88 TC=26.05 25' YR HGL 5-2520 Pa 5= 30- HGL 5=25.00 HGL 5-24.75 o n HGL 5=25.40 HGL 5=25,50 `= HGL 100-26,30 18 FL=20.30 HGL 100=25.97 HGL 100-25,67 ISTA. m'+ HGL 100=26.45 18' FL=20Q48 W 18" FL=20.20 W 18" FL-20,13 N 48" FL=17.50' + i18' FL=20.38 5 48" FL=17.50 TC 26 4 04" FL=19.88 ( E 18" FL-20 2O S 48" FL-17.63 E 48" FL=19,50 E, 2" FL-18,38 o 27.8 S 42' FL-18.20 N 48" FL=t7.63_ _ + z MATCH LINE STA.4179(END OF C&.G STREET) MATCH LINE STA.6192(EASPIAN SEA RD) W E^ O 38 RT 0 a q 28 -- m o U O o 'o� nm Inn n ao no m ry n I �N+ 26 n mQ i+ ry m __ un♦mbcu. — o h m� m _ ____ � C 24 �A.w N E zz 20 01 8 Q E- - 8 z a �7_ 'a u� 4 a F L)cp Eoo 1�00 2,00 3,00 4�66 5�00 6166 MATCH LINE STA,9+08 KASPIAN SEA RD SHEET B MATCH WNE STA.5+00(CURRY CIRCLE)SHEET 20 MATCH LINE STA.5+00((SSfEPH CIRCLE)SHEET] Cl- 15 s N HGL 5=24.65 "i m w 1i STA. 8+50 N 1i CiJ STA. 10+74 SV1 �,0.1.0� TC 4,50 0� + c �� 18' FL=19 98 + CI-B12 1 CI B14 w^��O w HGL 5=24.05 6 nry� TC 2450 _ 3n c�i� 0 o �J Tc=24 s8 �� c� 18" FL=19.72 T �F - � y / 5 }"HGL s 243s / 0�- = EouA ION STATION 4 -- a'_t 9 9� - - -- - �l HGL 5 24.15 `v m '� �8"FL�9 72� H a a - FO 27�� �� o .. - ---- --- , o� V� - F�26,7 /o 1Ecl1 ATASOSA 11+22 R STA 3+75 E I -2537 13 LF 18" cP +85 LF so"RCP-1a LF 1e"RCP C o 0.30% a5 LF 60"RCP MH-�10 oa TC 26.6 TC 25.08 ry 0771. U 08%SLOPE 0.719 SLOPE ATASCOSA RiVEF 7]F. --y229 LF 60'RCP 0 0.08% LOPE RIM=2450 � 145 LF 48"RCP 00 o S+00 S+03 PTVC 14 LF 18"RCP®g+oo SO.U'F.O.W. 10+00 00.08%SLOPE II o ®� HGL 5=23.75 U] Lam@ 0.08%SLOPE -1,239 0,3 y Cl.2a.88 TC 25 0 12 LF 18 RCP 3 Ao _ 0.71%SLOP -0.30% .� HGL �00=24.17 -- 839�oPEoW W 18' FL-1 9.62 a NI of SI O- --MTA,B7+55 I RCP SI AB�+7 CI B18+36 ST B8+43- - I�- _-MR &84 STA. 10 7� 20 FL-15.011 + _ MIL 20 LF '> E 7 , RIM 24-5�_C509 C�-l4-B TC 24.611 RIM 2456 HGL 5 23.95 CI-B16 8�1 va 40 LP 72'RCP PAST TC=245 1_ 1 END NF PAVEMENT w, HGL 5=24.45 ;��� HGL 5-24.25 HG 5=24.15 1 1 GHL 100-24.50 b a 'z HGL 100-25,To HGL L-1998 18" FL=19.91 HG 100=24.90 1 1 18" FL=19.98 1 1 N 60" FL=16.12 HGL 5= 4.05 ? FL-5,0 _ S 48" FL=17.38 N 0" FL=16.31 18" FIT 9.72 1i W-E 18" FL=19. 8 S 60" FL=16.31 1 1 S 60 FL=16,12 a �� �� 1 FL-1 oo c� 1 1 W 18" FL=19,62 STA 6+30 N 60" FL=16,38 W 1 FL=19 81 1 1 1 Z .O 2 CI-B10 1 E 18 FL=19.62 N (S � E 1 FL=1J.'81 1iX 1 _ TEMPORARY O 1HGL 25=29.05 FG 26 1 sees eoR 1 1TURNAROUND O n 1 Y A SEPARATE O 18" FL=20.30 sTORMwnaeRO ouTTALL n ] A, 1 MENT +°' �' C+OUTFALL sc - o ry m F +ry + O 11 11 1 1 F -3B 1 o h �28 VERT.1"2' z O O a y J HORIZ.1'-20' co z E- c ri - c�T 26cv m AS m m Q 1 i F11 --Ivy -- AS --- =- - - 22- = - Cl. --- ---- - ---- _-= ----- --- - - -N[ --- - -- -_ - 28LF U4-PE _a - m s 18w v o�m a °LL v 6z a 21 w o _-- L) md_ - 4 - ee FOR coxs--m�uenox INI a - - - vc u - - _ - - - - - ro 7�00 2�00 9aoo I M0 11Too 12F001 Ilk I N % SECTION 5 ° UREEES FARM TRACT w F w w wE- - — -- -- - ---- - - - - RE �EME��INSTRO — — — — — — — — — — — — — — — — — — — — — Pp ENT— — — s � _ O __GN Ao C]R 4_3 _ ___ _ _ _ _ _ _ _ O� 3 +CR 43 - -�- o55+pp F o 56+00 ST+pD 58+00 95+00 C p vEMENT z �. m timv y C1.DITCH IT 11-11T - --ExS R.O.W- __ - __— - - __ El Al z43 Si A. 53+87 w NSAS RIVER DR. � 1+10 T z-27,76 0 , 5=22,65 w �- 100=24.09 .,.,,.®.m.,� 2" FL 09 NOTE: SEE SNEET 52 OF 52 � a FOR CR 43E ARANSAS RIVER 5 CTION DETAIL SAD, 1—20 O O fX O j F F� — E z co a y + o o c 30DO c c a 28 HORIZ,1-20'N X 26 — — — U1 — ---- .v m a. W 41 `o ---------- ---- ------ - - --- ---- ----- y �e C.5. w» m w V] W U !8 zL z -- U and=m 16 �a,y 4 a 55�66 56,00 57T88 58T88 59�66 ao 4 w w w Ilk 3 + CR 4 3 - - -o+oo -—- - - si+oo—- -S�- 0 5z+oo - - - - 53+00 6a+oo E- — — — — — — — — — — — — �` — -- - - -- -- -- --- EDGE-DF eemerIENT� ca -- -- -- --- - -- --- — — — — — — — - exs..R o.w. a m z o + F. � z r� co p = c n � z E- o scn-1"=zo' ¢ cap 0 z c a y 28 26 — w 24 - - ---------- ---- --- ---------- ---- 22 + --- ---- m ---- --- ---- --- 2� ---- ---- F - - e -> ---- ---------- 0 0_�s�w.,A��tiE - � '� - - _ - - - @"L - --� ---------- ---- a ll 16 6M6 61�66 62,00 63*66 64,00 � 3 � o W W - W 16" WL Ewsr.a.a.w. � - -- -- O 3 u C R 43 + ss+oo ss+oo o s>+oo e3,00 69+oo — — — — — — — — �� — — — — — —EDGE of PAYEMELLT --- -- LIST + F o> z o � o rx o �F F - F o � 38 a U e VERT.1"=2' F' C 28 26 F F W W 24 — a o ---------- ------ --- ---- E, 26 a-- ---- - - -- c = z s m M^ n ---- ---------- -- E- m oP,s w ea„E o W�-- ---- ---- ----- I - - 8 --.I - - ----- WF w_ -F- _C516 su_- 65,00 66,00 67�616 6M61 69,00 Ilk w Ds.�z- _ ._ _ - - -- -- --- - - - - - - - -6 - -w - cl- - _�_ - 10+DD 7 71+00 m2+00 0 73+00 74+OD -EDGE OE-PAYEMENLT 'z m Exsr aow .za RCP 'S EACH END " 2 6 yll x iiij � U 6 z � z c SCALE:1-20' Q z � o 0 0 0 z 3B U c c a �. HER.1;=2' � X 28 m 26 w 24 - v -- ---- -- -- ----22 - - -- o m + m Ds —uo L26 � -- ---�-- ------ --- -- - ------1- ------ LLw�� ---------- ---- --- - Vsm F-. P a- vz ................... --- ----- - ---------- ---- ----- ------ - 0 w- -- --------- --------- p p z -E U cw�� - 16 z 70,00 71,00 72�00 73�410 74,00 �p a 4 w w Ilk I w W 16" WL 16" WL � -- -- 3« -----gym-- -- -- -e -- -- -- -- -- ---- --�--- o z + WL + 3 � 75+pp 6+00 77+00� i 0 �' 79+Op � - - _EDGE 0F PAVEMENT Ell-R.. U F 41 � m 6 + F c o� z� 6 o scnl.e.1-zo 0 zoo a y 36 VERT,1-2' U C 28 E F 26 .'C i u 24 0 - - — --..._.--- - -- -- ---------- --- ---- - --- 22 _ - - - -- c -- - - - - - C > T __ r W __ __-_ __-__- ry �LL- o W z a _ W -- ____ __ ____ ____ ___ _______ ___ __ ry o. �� - 18 z � �- F < 16 a 75,00 76,00 77,66 78,66 79+66 IFE—L ElllE LEE 11,11E,E I—El" NSTALL,F N16 TAPPING SAPPLE vALVE CG`N/ E T1111T IEITFAIE CEG,"CET) ED-A PAVEMENT] - 9- 8 80125 DGE +EDGE OF- E OF PAVEMENT CJJ RESTRAINT DETAIL A"Ow (FEEN(FIETE PAVEMENT DETAI NTE F to 15 F A-D + loo ol�R 0 W INSTALL 16"X16" TAPPING E 1-20 SADDLE W/ VALVE & SCAL VALVE BOX -- (SEE DETAIL E FOR THRUST RESTRAINT c)�u REQUIREMENT) R- �j < > 30 EXIST. R.O.W. z DIT H 28 FANF,P FDGE OF PAVEMEN 'Go, CIE C I 26 �111AIT'A I ,C.... 80 2 5 24 EDGE OF PAVEMENT cT + —CH XIST J_ E&—EDAl D PATME E 22 EEV G/ A VE BN A F CL ELF c L F - ------- - j EXIST. P.O.W. Ic 20 o o Rzq Z IT z o W 7T) F-) > co c [IF 1 53 16 llACElEl 11 CH—EILINE TIE IN lH1111 1-11T CIE. 80E00 27T8� LENIH LEI ENI N u 8 9 10 �� 2 �- a o� 25 -YR _ti i - _----� - CU m e:: WL C zs3 Ao ® 0 �mw o STA 1+69 A 3+31 - t So li Ii w _R o. �8 Tc24s m00% qg e 500 R.O.W. t --Sii 0.309 3+Oo -�; rui`O d 1+0a TC 25 3 2+00 - c x.a.w �Ob 6 u N - � \ 9 5 Lr _ETA_ M d c2 N o� a \\ 25' YR d J o _ II a �Y �fTl V F p (X � O O j � F ❑s U o z� 36 c x 28 26 ---- 24 --_- - ----- 22 ; 28 w U) R - J 16 a 14 0,00 7v00 2,00 3,00 4+00 u i ro - m o o 'c' JI JI Ji 6 25'-YR 0 JJ� 8,0B B 1m II �w _— 5 -E-E-- - o cn o�cnz 6 --- - --� HARDIN CIRCLE 'TC 26.98 A� k,an�NuwP �o o-- 0.42% F .. oF� a + — ----- o 1+005U.0 R.U.N. 2+00 3+00 60 w 3 35 II -Al --Df9Q-_ i+ m \ In }� o -Wkd -5� €-E O � 4 09 _ o d� - -- - 25' YR -- 2 - � u 8 9 10 12 + OOR—-20 i� x .1 0 O F 28.0'B-fl 2 E. O C] o W 36 i 28 + -- --- ---26 24 m 22 m 26 w` e 18 v cw�" ma=� - m u 16 a 14 WE=l `;q� oaoo 1100 2,00 3,00 4a00 15 14 3 co- u�11 1 M oC M w + II II O II ^�C\F N/ I N 18 - �, g7 25' YR a 3� z z --- - �w SEE,°�oF '� a ee o WL } 552 E --- -- STA.3+3 � � o STA 4+66 O >_ ARKLEY CIRCLE 7c 2s.� �o9 - ova r z w - --- o 1C 26.2 -�309 I i+oo50.0 R.O.W. STA. 1-2+00 �� 3+oocu w a+oo0.30% oa w o3� d o , -- -- -- ----- - -- - - - - - 19 N —_ 25' YR - � - amlli5.� � F -- SCALE -20' W P 20 21 22 23 24 251, 26 27 71 38 a a 28 - Eo Ir 20 - ------- N o �� Qo a 26 24 22 -_a o �o. N20 — --- ---- -- 20 OF 20 03 W n LL F 8 oam J 16 a Eo 14 - �a00 1�00 3,00 4�00 � o m m � 3 uwia®' EDGE OF o 02 6 28++OOsPncw CR 43 ® =EDGED z w 2Ew'S R04 0-_ veo s e�acv o A a �.aaoo`3 F � k SCALH, + F � a n z 30 VER 1"-2 p 7 C 28 HORI 1"=20 F W? N� 26 -- --------- z a 6 a 24 22 20 c\2 r ww 18 a w z4- � 16 14 J U st=crloN m m CULVERT DETAIL m a�g 12 CR 43 CL. STA. 29+10 t6 s�Aa.ry.s. a 27,00 28�88 2WO E � eo umue w C\2 cv F Q w - w x Q w -- - - —------_—_— —_—AEDGE DF IEMEN, --_—a o T60 A'o 2>e0 CR 43 O m = _—_�_ --_—_---_—_—_—_—_ O 30+00£0 31IDD 32+00 33+00 34 z �o + 3 -�_— ---- ----- - -—--_—-----_—_--- -ExI51.R.O.W. --------- 7m ' a< w oA y o Ao x 11 s.— op 0 Nn � wz asm V4.W—_L�F— cA 0 F � z c VERT. '-2' -RIZ.1-20' q 28 c\) F o w z 0 6 26 w c> c�z c w 24 x w o z o 22 + cv + 20 o� le 01 z 16 Lu of - � 4 120 - - - - �� a 3 MO 31�00 32,00 33,00 34 ----------------- - ----------------- ,tea- ------- _ -- ------ ----��.��.��----- ------ ------- ------ ---------� - EDGE OF PAVEMEN o+ � `. _}—_—_ —_—_—_ -------------_—_—_—_ _—_—_—_—_—_—_—_----'SAD_--_—_—_—_—_—_—_—_�_—_—_—_---_—_—_ a— O DO _ 35+pp £ 36+00 33+00 38+00 39+pp a0 _ _ i _u v 3� . --~_—- ---_—_—--__ _—_— Rau— _— -- \ �\ �: L�IVL I ^�r -4NE ------ W _-__-__-__-__-__-__-__-__-_-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__- -V _-__-__-__-__ a U U puw.S 6 x SCALE:1"=2W O -� + + F o z 30 a o 0 K o 28 ---------------- - ND c> w 24 o x wz o 22 0 o � + 28 c Q � m w Z � mpg az 16 x W�LLm�v� c� 14N 12w- - - - ma+- a wa w� wa wm wa .816� 35�8181 36,681 37,66 38,66 39�816 46 w 3 OJ Z � 3 NOTES: ca E o UNIT 1 INCLUDES 64 SINGLE FAMILY RESIDENTIAL LOTS UNIT 1 64 LOTS X 3.5 CAPITA PER LOT=224 ESTIMATED AVERAGE DAILY FLOW=22,4DO GAL PER DAY ESTIMATED PEAK HOURLY FLOW=62 GAL PER MINUTE ,° _ �T I j J VICINITY MAP NOT TO SCALE C LIMITS OF BEGIN OFF SITE Ally5�N UNIT 1 WATERLINE EXTEN51ON W-c I}MIC- 2 1 0D812 V O.PLR.N.0 TLyy OC.: 20020 D8129 V m— O.P.R.N.C.i. N;z SECTION 5 � S Yz SECTION 5 v LAURELES FARM TRACT M% R 4;m ��,waw s,00,c LAURELES FARM TRACT •.. ��,waw vw� e Po A PZ m rv.. ..��..,. Fl w a Hta }1a v^s CAA 8 Pc 3n s� `•'�' s �i9e o�zx�oPe ,o _ Z z e SIA x sa —__ RM 2. s9�� .�, s_ LINE 42 O E P � �"Al � w A z /.' ��\ 1, ,.A M -�l; A a CN A a z �e o ��� SEES, a. �s 1 0, / h;/, m a e a � x I a � �I _ AE 1 a y GG. �Y brvrvw� I � I I I e} �, f o , rA o I —v N im y R� V UA U - ma - .. m 77 m eo x�� DO OF o UNIT 1 2 VICINITY MAP uaT T SCAI E A 1A A US I I 1;T US Z of A, US A 41a PER INFRASTRUCTURE DESIGN MANUAL, SECTION S.02 PIPE SLOPE FOR 30' I' ejl DIAMETER PIPE MUST BE CALCULATED.- BY MANNINGS EQUATION. MAN INTO EQUATION A-1,486/l R�E S 112 A F v_t U/L-6 1 R 2/3 F I 1 0.013/1.486 0.625 UP P 0.0013 ft/ft -—--—------------- A C) ------------------- -------------------------------- ------------—- ----------- --------------------- ----------------------------------- arm ----------- . —------------ ---- ------------- -- ---------------------- - NET ECI SE—CE ®� � @ o+ A. 0+21 F 3 O o�X F� STATION w x z REMOVE EXIST. 30" SDR 26 PVC o 0�� CAP AND CONNECT WWMH-Al + _ cQ TO EXIST. 8` STUB OUT N.G. 19,3 ' w my o S --FL ELEV_=0.55 -- --F�6 19,60 438,10 LF 30" SDR 26 PVC WW LINE @ 0.13% SLOPE y. wow z+oo 3,00 as Al PWLIH—Al z �,N STA. 1+2o SDP 26 55�PVC �� FL— —0. RIM=19 60 x L v TfrE-XGONG---------------- � S2-A-. ��--- TOP RIM WW LINE FL- -o.ST �N a E1 ALE 1-2o FL-0.02 C &w E W 22 5 wo occ No �6 z w QI3 K - ___ - __ Rj O r FINISHED---- GRADE w v~i F7 ISHED GRADE _ -_- - __— -- 2 18 =_ Rj ___ _ __ _ __ _ ___ - ___ _ __ _ ____ __ - N N l ozo ;F o 6 �+ z° o 14 M M� x G 12 +Z o a 18 x 8 6 N U 3 5 X] T 30"4 REM❑ EE ' r wma ToEXIST. SF UB () T 2 EL El EV= 0.55 92 LF. 3 PV W.W. LINE ®0.13% A PE - u E ® .199 LOPE � a -2 5a88 1100 2�00 3�00 4,00 5100 o WWMH—A2 `c°v m + N.G. 21 1 F Ln F.G. 21�40 _ W — ---------------------o— ------------- ------- w - 500:LF 30" SDR 26 PVC �W LINE @ 0.13% SLOPE14 x U] '" fi+oo w R" 7+00 B+oo °9+0o mho+oo � � L >>+oo W W ~ v " 3 ---L---- C��i a " a CD N 3 F m CD z q c 00 N a �a -ALR:1-20 x M\ c� 24 0 4, N VERT.i'=z' �,o 22 + F 26 _ _ - ---- HEn GRADE---- ---- -- -- __ - - - NG E- o ----- - ---- — N A AR 18 ' F m o 16 zo o 14 w a E— x 12 W o � w 16 a 8 " x 6 »u �4 wm5=- z 500 LF. 3 SDR 26 P C W d t6 LINE 4 0,13%SL PE `m 0 a -2 �I 6 66 7,00 8a88 9188 18*86 11a88 WWMH-A3 w 40' TEMPORARY UTILITY EASEMENT N.G. 24J w o + ----- ------ -------------- _FG_25,00----- w m 500 LF 30" SDP 26 PVC WW LINE @ 0.13% SLOPE bvti A" x 3 12+00 w w 13+00 1410D 1"DD-Ti Euo V 1640D o w w 1 E - 3 ------- -- ----- + - co N a N o E. ---------------------�-1T " N ti a N ¢EE - O D x o + Q- 03 z Ac SCALE:1"-20' x PROPOSED U E STA. 1 +58 1 RIM 2 OQ._.+_ 24 NG w 22 w O _ RT E =2 1 F ----- VE . ' a 25 E 0- 0 ¢ z y F o� O 2 18 o �o F E- m _ G" `" a 14 � w �F x z � 2 � a o w 15 z g x � E ® R C UN a a 4 LL o U 2 500 L 30" SDR 6 PV W.W. 2 o- ma�- u 5 a -2l 12�6151 IMO 14,00 15,00 16,00 17 WWHH-A4 1b o NEE 268 500 LF 30° SDR 26 PVC WW LINE @ 0.5% SLOPE F.G. 27,1C a 500 w m� ti +00 is+DD 1I-D 20+oD 6 2i+oo .o wow 22+on 'x � - ------------------- —————— ——— -3 --------- -~� ---------- o 3 _ zw I - C\] OOP N F 03 SOAK.1-20 � � W z PROP SED I 64 W. .M.H A4 STA 0+58 RIM 2.00 26 -_ ---- G _U@9Il N.G. _____ __—F Nl ___—_- - - __ ____ __________ W NG 24o 0 22 N ERT 1'2' ORIZ.1'- F P,cv z a 0 26 + E o Cli a CW 18 O 0..E � a + F ® o 16 + 14 z F F W E x C, 12 w a 6 16 U fFORCOMMU-0H 8 E � F R 6 N UN ja- p1�LL` 4 wma�v�^ 00 LF, 30" DR 2C PVC W.W. L NE C 0.139 SLOPE Ll E ® .13% LOPE 2IF °m °a m - u `m 8 a 2 a ,8181 18,00 19,00 28 21 88 22,80 X � WWMH-R5 W/15" M. 3 + N.G. 26,7 w -------- ------ w LF 3U SDR 26 PVC WW LINE @ 0.13% SLOPE x5ti F G, 27 00 x ------ W\A/ J —eayv — 26+00 -----------2T+00 o wow 28 c w W o M o0 00 o e oo r 37114 s z w CQ STAT 25+58 W - RIM-27.00 E~ —x FE2.62 (E&W) SCALE.1"=20' U] E. w � z INISHED GRAJ E STA_ 5+58 RIM-2 00 U __--- _____ ____ _____ - _ 26 NG NG _- N.G. 24 a o 22 ERT Pi 20 F a C z o a 26 + F z z� o 8 Czo v a o s F P,F o s � m� E, o 16 + z° CQ a 14 F w w� 12 o F w 6 R 4 50D LF, 0" S R 26 PVC .W. 371,14 LF. 30" SDR 26 PVC .W LINE E C L,3% LOPE LINE 0.1.39 SL PE. >�� t U - 2 2 _ ma+= u `m 6 +� -2 w a J 2M0 24�66 25�66 26,00 27,00 28 0 8'x12" SEA 26 PVC WW LINE STUB OUT w a W/12" M.J. CAP FITTING FIT— 4+62 + � B'x15" SDP 26 PVC WW LINE STUB OUT W/15" M.J. CAP FITTING FL= 4+37 0 F� �C'] W W EG_ 26.30_ � w W � z WT, w o za+oo -o S wow 21-0 �t� �9° '► '2'.w'�' — 371,14 LF 30k _DP_ 26 P _C d o x WW LINE @ 0.13% SLOPE Ni mZcn�z�cn�� ;� I 1. iviv�Os " _ � �148\ P OPOSE 16'0 W.W M. .—A6 kK; ` 26 F7N7S ED G ADE ST 29+ 9�IRIM 2630 =e N.G. 24 w+ 22 F N �CQ p,cv z H RIZ.11 20' a 28 E-- o � n F 18 0 + a o 16 + z° OJ 6 F 14 F 12 w 18 a 8 R 8-$5-PVII� a-1 Pvc ww WW INE `- N STU OUT 5 �'� m�W 0. 69437t1 LF. 0" SD w z > 2 °m o i a maw- u `m N Fox Too 29,00 3 STATIONING EQ_UA_TION: STA. 29+29.00 BK STA. 29+29.00 AHD ON 43 _ pox _ WWMH-A7 W 30+00 0 32+00 33+ N,6 26,4 34 00 £off 35 F.G. 26 70 0 F C� 4� �362,88 LF 15" SDR 26 PVC WW LINE @ 0.19% SLOPE 362�88 LF 15" SDR 3PVC + + WW LINE @ 0.19% SLOPE _ RR o 30+DO - 33+Op+Op 00 32+ 3P� `34+pp 35 NMH-A7 _ WWMH-A6 STAo 32+92 w u�� STA. 29+29 CR, 43 RIM=26.70 otiTio RIM=26.30 F2= 5.04 � �7" z, W31+1(n W-12 4.35" FL SCALE:1'-20 F s1 o S-15" FL 4.35 (N&S) F a N-15" FL- L35 P OPOSE ROPO ED 26 s A_29429 F NISHE GRAD A 3 +92 ---- GRAD -- __ -- - - - RI -26.30 NG, RIM-26 70 o -. 24 o + F z a C z VERT.1 0. '.7 22 HORIZ 1"=20' a c z v z� >F 28 o a a s O + o 18 o zu � + F a � � x y o 14 c� 12 E z 15 x 8 � � 3 �LL 5 6 wmaE__ 15' 12"PVC STUB OUT r m� P C 362.8 LF, 15 SD a m t 4 3 2,88 F, 15 SDR 6 PV W.W� LINE 0.19 o SLO E �mv I N 15 FL- 4.35 5 E 30" FL- 3.10 zIi 30 32,00 33,00 34�00 35 O � CaJ 16" WL CAP L C.R 43 ars, w wcEN,ERUNe ExSLNG ao'R.o.w. — o CR_ 43 s w x' 00 36+00 37+00 38 00 o_39+DD aO400 o U] o exiSnNc e.o.w.uNe _ _ WWMH-A8,. 1`3. � _ WWMH-A9 o o N.G. 26 4 362,99 LF 15" SDR 26 PVC N.G. 275 - + + - F G. 27,40- _ WW LINE @ 0.19% SLOPE F.G� 29,0�-, o +00 3-D 37+00+00 38 1 39 00 M� (�40+D0 4 18 - - - - - - - - - �A,44H A9- .� a STA. 36+55 STA. 40+18 �` w RIM=27.40 RIM=29e16 FL— 5.73 FL= 6e42 x MS) SCA2� CN&S) E a STA. 40+18 _ w 28 PROP(SED F N]SHE GRAD - —__ --- 4-0 -WM.H A9 o + F - __ CK o z -_-- ---- _ ____ ____ N.G. of Z VERT. -2' a 24 ED Z 1 a a E, o � o + 22 + 0 0 a� o d E a 28 E x E w v) o 18 w � z 14 a x E 2 6 � � 8 u�L U 8amy 6 3 288 F. 15 SDR !tW LINE 382, 8 LE 15' DR 26 PVC .W LIE @ 39% LOPE a a 4 F-5 73 =6.42 N&S> &s) 36�88 37,88 38,88 39 1+88 O + " WIT VALVE1 WV 6x1 - TEE e� 16x16x16 TEE wL 16x6 REDUCER - - - exlsnNc a. . - - e wv - �W/ 16x6 REDLIE - m PROP.E.OP. 69 VALVE f'l H 6" VALVE o O E6i 41+00 42TOO �43+pp o 44+00 4+00 46 + �L�11 HL Ate- s _GF.43 A- - d� eSArNS ERo uNE cis aP C.F_13 2,G, 28,40 E x �Ato sHAWED PATH 345 LF 15' WW LINEl'-, 0.19% SLOPE EO 5l X R-A10 354 LF 15" W LINE @ 0.19% SLOPE z -- -- -- -4�+sa2----------28.40 TTjcE 0 9oco co 36 w ac C. AVEMENT 22.76 PRO OSED G4 O '^ - s RE SEc N E FINISHED WADE + NISH D SPARE 28 __-._ _.._____A a.ea --_- __-- ____ -.------_--' ----- STA. 43+6 __-_ --------- I F r�a.o�+z ____ __ N.Ti. �x -------- - N.G. RIM 28.40 26 E-- o 16' W TERu < '�h 16• aTEWL NE a' wa EWUN 24 _ �s• w TERLI E - - - 0. m 22 + + z� cc o O VERT,1"-2' HOR]Z,1"-20 C 26 + x 18 w E z 16 a 14 12 xq,q 6 _- 16 _ u U c 8 @m.v 3 5 LF, 15 SDR 26 PVC W, LINE ® .19% SLOPE 6 a 4 41 66 42a66 43a66 44,00 45�66 46 LA� S % SECTION S _ REEES FARM TRACT STA. 48+87 -20 w m + 1ex1eX16 TEE x �p -eAnNC DO...LINE _ _ 16'_WV` /-b-PE-DNC-EE� o 16" WL- 6" VALVE EDGE of PAVEMENT 16 � ¢� STA.+ - +00 N £0 47+00 48+0o� 49+0o STA. 49+07 50+0o 51+00 1& _ w Q WWMH-All — Q — — — FR w7 _ ZW -exisriuG H.o.w.Lue� CK 43 cT � 1 �OF _= E G 28 00 1-F 41`" 7,70 EDGE d' o T,G, 27,0 .�.' 10 s RED PATH= ° 10'SHARED PATH a w 0 51 ;�'wW H-A11 331 LF 15" LINE 4 0.19% SLOPE 3 5l �� n � M wwrlH-Al2 340 LF 15 � -- 77- -FCP �------- J rN��-------------- T 7IE RI -29:50 +, s o 9 IRI 27.70 A i STA. 0+43 KAS�� SEA RD. FL=8. 7 +j R y1N .a 1 15" C S) FL=7.74�5 � IIN&S) 112 (E) L-7.74 S I s A w 'Go 28 _� 3 r_ ____ E4+ F --- FINIS En_eLF ARE PROPose 21 z -- - — N - 26 - -- a _v Z _ F o 24 �s WATERLINE s wATERUNE a� 0 0 a 22 0 ID --- + �+ z° a a + G U, 20 O x E- E. Ml a 18 w z 14 12 E 151 � 1 SDR 26 340 LF. 15 DR 26 PVC U - 8 354 L 15 SDR 26 P C 31 LF 15" DR 2 PVC .W. LNE ®0:199 SLOPE W. LINE C- .197. LOPE F. d t6m � `m 4 �5151 47,00 4WO 5MO 51�5151 h STA. 53+67 16x1 x16 TEE O w m W/ 6x12 REDUCER SCALE:1-20' A x — --- — + NP VALV-- 6"VALVE o 12" LVE _EDGE OF PAVEMENT + 52 4 ' o _ 09 6x16 TEE £4 53+0a ru LLoo eT ss+oo - - 6x6 REDUCER - _ s A EDGE OF PAVEMENT c� - E�, e EXIST. LN To SHARE D N PAT .�.' z �.F WW H A13 m E- W LINE 0.19% SLOPE in ,5l STA 54+10 =�T STA. 54+38 -------------- RIM= 7.46CE 39 LF 15 SDR FL= .06 a. .a o >> 8 26 PVC WW LINE =E a o O� I CN&S� I TEMP 15" M.J. I tT� 2� I CAP FL-9.09 o o G+ 28 P OPOSE + F F] ISHED GRAD 0.1n z 26 7 RI -2T -_-- --__ ____ ____ _____ ____ ____ _____ F o N G 2 24 � a = o. - — O ' FD s TFR E aTE LINE ER 22 + 6 25 + In In F x 18 U w 48' RCP 16 z ST RMwA ER w z 14 x R x 15 w�av 34 LE S' SD 26 VC W.W. LW @ 0.19%S ORE ' � U - 8 @m.v sT 54+ 8 29 LF. 15' AAR eo vox Pv5 LINE pro d- ^� TE P 1 15` MJ CA 4 9.00 52,00 53�510 54�5151 o a s 9 Sq 9 V A, - o m 018aWi 6X6X6wi VAL An/,,T, O L _ E 7EZCER ---�� ,5----------- -- i R.o.W. , - w LV 0 8X8X8 " o F, m 141 LF 8" WIT 6" VALVE 8X8X8 TEE 0174 LIT8 WL ,8�X8 TEE nX8� ATASCOSA P=RIVER DR._ TE -T+ICPSa R DR. cc 4T 1[QiA Ri�'LR DR- 'vVI-CSR� - SO.U'F-O.W.D1 0o z+o EDUCE s+� £ ° °° E�EDUC s+oo s+aa + a RR m nP J �WMH __ Raw _ ' e.o.w. ---- w d a a R o STA. 00�� H LF- 1TNE -SCOPE -----WJWI`1F-1-CI- ---- - F �61 236 LF 8" W LINE �11 A 26. 2 RR aY ,0l STA. 3+15 0.44 SLOP W 8 o WMH-B2 E FL g I = I � 25' YR N FL=14.80 h o£I q O> � TA. 5+51 _ -S WI W FL 01_ 2) � I� JS FL=14.80 TASCOSA RIVER Q N � m 6„ WIT S o o W FL=14.80 M.J. CAP g.3t o o o M=26.63 h o 8" FL-10.21 lm.6, _71O sen� r'=zo' N 8" FL=13.76 H TA. 7 8" WW-M.J. CAP 12" FL=8.96 �I FIL= > 12" FL-8.96 +�o£ ST Ill ... , PROPO ED P OPOS D PROP SED W no F 28 STA 0 00 CIS A. 3+5 STA. +51 + 40 W. .M.H.- 2 �40 W.W. H.-C v RT.1" 4'0 WW.M.H. 32 H R1Z.1— O 26 - RIM_z sz- - ------------ wsH n aRA E................ -- ----- -- -- --- --- - -- --- ----�Nl HEn a --- ---- -- - - - - - ---- __ 'R M�26. 0 _ _RIM= 663 P4 6 2 - - - r,l0.F o 24 —NG 22 WAT RUNE a wA ERUN a o a -- --- __. _ 6 WATERLINE 6 WATERLINE - - 6• W TERLI E li _ U C4+ 2. � o cg 20 F z � x 8" S R 26 a 18 PVC WW u E z4° RCP L=i95'2 15 � �5 LF. 8" S Cl4% 14 2s PVC w 8" S R 26 R , LINE LOPE. m PVC VW LINE 236 LF. 8' SDR 26 PV W.W. LINE 0 0.4 %SL PE 2 (E) S F-13 76 U o L n 18 exreRioR DROP ONNECTI DN =Zz=--_ 8 — m - 6 m 3 w 31i 8a88 1188 2,00 3188 4,00 5,00 9 S i n/b;, O l z �/ O l 2 x6x6 I w c �, n - - - - � - - - - FI H 6I 3 0 E7 � _ E W/ 8,6 r E xL'��-R.o.W.___ _�� -_-__-_-___ EDUC R 3 u 8„ ° 8x&B TEE - ATASCOSA TVER DRIVE VA vE av VALVE >>8 o - - - - - F+oo nTnScosn ervr.e na.a+o REDUC R o+oa 90.0' O.W.— —00 + WWIhH-F2 m STAI 10+21 152 LF 8�WW LINE @ WWMH-Fl -3T8 L 8- WZINE g o-SLEO -- � � �S F =1265 0. 8% SLOPE STA. 7+03 o� fiE F -1265 A m W FL=12.65 e - - - - FM 9z -- -- 938 Sa �S FL 11.25 g`9 1 P q` WLI >> Sj o coW FL-11.25 co Qo Sg.ft. o IM M.J. c P a 0 0 0 �2 � N o o o 6+27N9 STA, 4+70 8" WWL f Q M.J. CAP-FL-I�96 WWL senLHl�"=zo' Via+ F. o z STA. 7+03 26 P OPOSE F N7SHE D 1 4'0 _W_M_H-Fi CK 0.', 2 - -_ __ - GRAD- 5 A_ 10+ 1 W a F o - --_ -_-_ ---_ 4' W.W. .H.-F2 m ra 24 - --- E-- FD eR - _ + 1 - - - - -- _- RI -243 ifJ DE o= F W NG o � 22 - —_ o0.+ _ s• wA ERUN VERT a ¢ I a 2VJ0 1 -- -- -- H-Z ]'20 E- 2 1 F X 18 x 16 8 SDR 2 14 Pv ww UNE E& 2 P c w uNE r - �UTLn� , W. UN C 0. 49 S OPE .� 3 8 LF 8" AD 26 VC q- 16 1 41 =26=17C W LIN w�� ®0. 4%S 0Ht Y, 8 @�m - 75 - u 6 PT ��6 7,86 8,88 9,88 18 Q ED ST. a w 19 v�i r^ /� W LLO NNE tt 3 OJ O ti H 11 75' cS 20 LF 6" + \ o � I 377 LF b WL Q w \ _ oED i re 1+200 LF 6" W j I/ w -- STEPH IRCL > er IMCLE - - — — — — — w w 7 � UE—Q m-- a Z +o0 50.0' O.W.. z o0 3+00 - Q a+00 a T .c „ s z a wo Z r coI - co> w S w + I \ J I a U�x� 6 a Lei/s�� ------ f -----� -- �8'�W T v +� ':. 38 LF 8" WW I I IF% SLO E �� n U Q �i/ 0.44% SLOPE 3 07 A 25' YR 1 75' R o,o 5 4 17 13 oo a " u 0 coW 16 L ,- o a+ �110 NJ 28 PROPO ED PRO OSED U 26 STA. 0+52- - --- -- STA_3+93 O q -_ __ 4M .W.M.H-F2li 2� RIM-2.46 - --- NC- -— ------------ --- -- F] ]SHED GRADE _ RIM=4.30 [..]<O __ v rer.� z n x 24 22 — — a ---------- --------- F x---- ------- ---- --- -- ---------- WAiERLIN ---- '�. ---- ---------- ---- ---------- ----- 28 ° WAT RUNE - - - ---- ---- --- 18 1 338 LF 8 SDR m 8" DR 2 'W LINE STD MWAT R _ 4 4g SLOP =6.10 PVC WW LINE m a m a >LL # 12 W�_ -- 10 2 LF_8"SDR g a_ - -a 8 a,04 m - o EMP MJ C P d 8,88 1,88 2,88 3,88 4,88 �r 3 m o 7 �� \ 25' YR 7590 m m 4 20 LF��" WL �' 4^ - - - - - - 0 L u� 26� LF 6� WL— — w z � — — — ---- 4 _5' E d x z�T �o-5/ m 6" WL �'D 1 75 o/i / + .N cn L200 LF 6" W� 2 p ti w  — URRY C RCLE N «RRr rR o 3 T a J 7 5 U E_9+pp— II w +o0 50.0 R.O W. 2+a £q 3+0a d Q Il LL 3 Q ��� com - 3 viz cn3 N�R + 9 m / - 759 i��� i� /�` 337ug 3 _ _ A15 PR pp — _ 25' YR - w BCO' 1 �'r7 Q6 GJ ,_ W ¢ I�o- CB cn W 7640. �a n 4 `�� 3 ��. 3 ��- sense>.]"=zo' to ° jw C o U4 �— k a a �a ofl Wo O" � + F I N 28 li P OPOSE PRo OSED a E- o 4' W_W_ H_ Gl STA_3+94 z/ 26 _ VERT 2 - 4'E _W_M.--.—Fi I ]N]SHD E ] 216 -- ---- -NG - _ O F - 24 a0.+ i U ti Ji__ ____ ____ ----- ---- ---- _____ ____ ____ _____ ____ ____ i 22 - +__ ___ ____ _____ 6'WA ERIINE ____ _ __ ___ ' ____ ____ 28 18 6 48• RCP SToMWTR 4 3SSF B"SR2s DS ��a" N U 7 G'`1 T 89SOPE ��LL9a 12 j�av 16 8' SDR 26(11 m a = u g &S) `m Ali a �88 2,00 3,00 4,00 � G cn LL - I: 7640J Sq mid. o w 4 3 2 a �I ��� m T ua o 5 ED oo co�I GjC� �� sce,Fr "=ao' o o O �� ��� � o 0 + z 'o o w 1 0 1 1 m tom m * Q of o cam - -i CO �usN � rn wQ`� �� Q3��ii' Q 3 w w 10' YR/U E R_O,W 3 II A �I F, -w — — — — — — — — — L—� ----------------- ------3= ----- -- ------ --- Yf E — L �12 Pic VVVVo KASPIAN SEA ROAD 392 LF 12" WW @ 0.26% SLOPE U 64 LF 12" SDP 26 PVC 740'ROW o - LOPE 123 LF 12 WW a "'.ry9 2 WW LINE @ 0.26� S x E F @,0.20/ SLOPE o E- os+o .8" VALVE s+oo cO� 0; FH 162 LF 8" WL > s s SIDEVTOER PR POSED -- -4'0 WW M_H_-AT -- -- F] ]SHED GRADE STA_4+85 S OPO+E 4 C].W]+ F 28 __ ____ __ _ ____ - 40 W M H-B1 6 G z i ___----N.G. _ ____ __________ .._. - RIM 7.05 ' --- ---- RI -26 3 FIN] _ _ fY,�,E- a --____ --.__ HED WADE " 26 - -- - z o l NG 6 o ---------- - 24 I Qs 8" W TERL] E - -- -- - 0.+0.+ 2 22 o x�F 6 26 18 8• RG ® � 6 E o17 ATER � r-n 4 a 14 R 12 8" VC W LINE (5) _ E.Z W/EXT EROP CONNECTION 7 »- 10 8" VC W LINE (N) w(nz v u�L V�LFL 7.74 Nis) o �� 8 123 F. 12' SDR 26 P C W.W. t6 m o 64 F. 12" SDR 43 LF 12" OR 2 PVC W.W. LINE G 6 PV " 6 .26% LOPE .W LINE I'I� 1 3 L6}12"5D a 00.26%S OPE 2 PVC W LIN T MP 12' MJ C P 4 ILL=9.z8 1,66 2�66 3,66 4,66 5,166� 6+66 CiT7 _ Gja a a I� �I II �o`. ±PR 5 4 3 2 o � � 3 m 50 4 0 o 1 d Q II Ca_ \�'M1e W — c 3 �W WU W ¢ III�0 Ts + . 0 �O /v 0 \W 0 I w o bW �cb�?m m d m s' o 0 6 b _ o 25 YR 0 7640 �� I co col O I -- -- �© W w ��� U LF 8" W� Q WO Nl T F o ,\��U�� 6 LF 6" W 93 > = I z U m 6" � , ow ��� RE oA, �L2U LF 6" WL � �� d��� a RS ARDiN CTRCL Ey ry cR IC4F iN CIF LE 1 ry L it 9 -5 U —Q+Q➢— N W w 1 00 5� Q.W. N 2+0 �z 3+4� co m a3[n Z cn HUI 759 ------ ------5'-EE 337 LF 8" WW W 1.48% SLOPE IIT` 7 �a 25' YR o , o FkT 7590 w �' 7 U E- Zo 36 1 RDPDS D a I O TV 1,11 F '4 W.W M.H.- 1 m Ili Z¢'E m 28 IM=28-26 n (q O d + �__ a Its Ho IZ.1"=o' a,' z o d- O 26 FINIS ED GR DE - - - "---- --__ - � P. N.G. F x 24 1I 22 _ 8"WATER INE + I 26 42' RCP m STD=1 MWAT R >T 18 3 IF 8"3D FL8.18 W IN.W. L I 16 soPE 8• P R WW INE NRS >m� �Lm 14 -- 1a m - zW I UIa+`y�o 12 u `m I a • � °= 6 0166 1100 2,00 3166 4�00 � m �R 1W WO s, 3 Q VO OC, U 3 � wl 5' � z w o� w 8 5a < 3 o WW �� 25' YR :: a ELF 3 3 w WW 21 LF 6" WL +� v W� - WL 2-6 LF e WL m n cn / co 6�� WL\� O 6" WL J 00 5, — KLE _CIRCL �_o � 6" vALVE � ��� Q „ 7 _ _ �� U —R+OB—— I W +00 DO.� O.W..QV� 02+0 + 3+00 3 15 CC 3 a+� ri "C� a I P aE oC W I,I ., t9 m N �.Zy1 v ERS E Z W + Q 3 Q 34 LF 8" WW @ 1.31% SLOPE --7 LF 8" b W --- 1 9 3 v�i �� _ — — @ 0.44% SLOPE . �^ w�„ t 11111'988"4 Sq.ft. 25' YR h` YSF ' as J � � � �'S2 E:�•=zo � w o T� z�z5' a + 20 21 22 �� 23 W� 24�� 25�a 26 W 27 o a CCF o 30 PROP SED o F wzE" m 11+'0 .W.M.H. E1---- --- PROPO EO 28 __L RIM= 8-0 STA. 3 94 - o _ 44 W- -M-Hid- 2 26 FINISHED GR DE E6- 24 0 22 34 LF. S6 26 28 P w. LfN R SL PF a 18 � � 3 = 5av#m� FL-18- B(W) � 8�b- 4 ST. 4+7c U f gym_ - F zs Pvc WV LINE 12 W a47 a 18 �z 8�88 88 2a88 3a88 �4�88 EXIS I. 16 WL N Da m SCALE N.T.SUL 41 NTs. F ROM T"'LlFRNPT „E wETIPIsNeo I TO �� A SEE SHEET 5A LOR oSTENTiaN aEA oETaEs memo —,.: ___ m ! z mu. a a 16 - N U a •••^'•. ro�a '- � m.«<„ ms.�.sw cszx sa --Y `emu BPSEFLoQo2oN Y ���-- ma - ,c,_E d m m °rere.„,„��, aR�reaa° ,xx.w�„�,x,xsre�»=xrerW„s.�rem�c�arn�,�rexrexaw A rnicre reare�c rervce oe.a� sccc�ort a-A INLET&MANHOLE ax«s wi. S1PP � =ox,a,x.res v„i°x�.ar�a..xxa.x. "°``�°•`°�",�°„,•,"••`° PROTECTION BARRIER wacT�muErnory ervo o saosec „x:xrexvs„x.�re�x�s. ol__��eD -��. .�° x..... „���a° uw..uux�xx rreo.oxx�n xx�xrxu.w.re.ou�x�u a��res sxxu e.xx��„x�mx.u.. TEMPORARY STABILIZED CONSTRUCTION ROAD ENTRANCE /EXIT DETAIL HAY BALES BARRIER FENCE FILTER FABRIC FENCE DETAIL ox a a ........ �; rerere.re�.rew rere,rerere. — a —BE BAG CURB INLET INLET „m ... E x. � PROTECTION BARRIER 'Z Zll�............. LOCATION MAP ......... SYSTEM A—UNIT I SYSTEM A UNIT 2 SYSTEM A—UNIT 3 NOM SHOWN ARE EXISTING I N"I"ATLL' I"IT.TI I .TIF D T 11E EIHEIT111111-1--)� se 21 —IRDIV ISO ,OAFF'-`rrE_DRAl ,E OVERVIEW ez—171 MNND�11.11 J.Pa,.Ia.G,I Engineering-d Planning se'l— STORM WATER MANAGEMENT PLAN .........�T%sl S KASPIAN SUBDIVISION '4'4� 7178 om�PARHWAV ,�°�•°"� DETENTION CHANNEL TYPICAL CROSS SECTION N, LOCATION MAP WETLANDS BOUNDARIES SHOWN ARE IT 13, .5. TAKEN FROM THE U.S.FISH AND TEMPORARY UNIT OFF SITE WILDLIFE NATIONAL WETLANDS as. m.uVnmm STORMY/ATER OLITFALL&DETENTION — NOTE INVENTORY ON LINE MAP AREAS SEE SHEET 5A FOR BETA I LS I 161�°"�`°"`�'��"' CONfOVRS SHOWN ARE EXISTING SYSTEM A-UNIT 4 71— AD1 W III a I - F I- 1 v[ x .n ✓ A, _ .�_ try' ♦♦♦ t J PI g S i STORM WATER MANAGEMENT PLAN2. KASPIAN SUBDIVISION �nnA'"or Isa KASPIAN SUBDIVISION UNIT 1 STORMWATER CALCULATION SUMMARY - - - - - - - - - - - - - - - - - - - - - - --- All 0 Taaum�re r.w'S a au umrT v�m„cre sa[e-rs uec c.*caarsizm.s�ocy srs�ns C CAY LE m — e>tvIICHAEL FASELER ,„,,, e DOG: 200 z b OC,: 2002008129 :�µo �1 0,P.R.N 3 u a 30 LA REL E N 0 5 w,.a-- __ S _ __ -- - -- -- -- S F ARMN-TRACT - Y2 SEC r � LE FA 3o LI� a� ' - — —� - oT IIIIIIIIII � _A m3n g ta4, All e v c� Q 1 I mN I•A i xl a r n ® m z -� n v „ KK YR m _ iona� o s v lLL=— Ri o at� aP�ARo��w y 4V �.. w ,asq N RNA av �m ENT ° T.NUM v , �2 =�_ f Lis R ,a E 3 p 3 STREET NAME BLADE SIGN YND�N N4 H TYPF BAR - LOCATE STREET Ill"TIFICAT7 ON > �PaerowFEE TneremDY"s2 �wnn�muous.w ox siawF umnwnosT eoF SIGNS IN THESE ED RKR RNN cRo;SNKL ,FTOL�D4 R F= LOF ocAn oNs Y PLO RRR aT THE 1 ER OF HE s MINOR STREET - PRFFORmFD T„FRmoPLYST Tc �- -4�,^4"rt^V4s^ LOCATE R ST EET BY \ / ]➢ENTIFI IT ON k PLAN VIEW SoCNS]N THESE 9 LOCATIONS "^+" TO TAYFF,c Flow TYFFF RE LLFL CROSSWALK PAVEMENT MARKINGS N.T.S. tiI �'1 DQ a oF1 aRNTo �=wH KYRRR NOTE �Name S ALL STOP BAR AND CROSSWALK PAVEMENT MARKINGS SHALL RE 24'SOLID WHITE, I-0000 F I, LONGITUDINAL CROSSWALK-DETAIL TYPE C HEAT APPLIED,125 MIL PREFORMED THERMDPLASTIC HIGH CONTRAST 'z CROSSWALK INCLUDES 24"SOLID BLACK ON BOTH SIDES(TYPE C HEAT AP HEAT Q FOR ASPHALT ROADWAYS- N.T.S. APPLIED,125 MIL,PERFORMED THERMOPLASTIC) NOT. ^ �' 2. CONTRACTOR SHALL PREMARK STRIPING LAYOUT FOR CITY APPROVAL PRIOR TO 1,E STREET NAME BLADES MATERIAL SHALL CONSIST [J ti THE PLACEMENT OF ANY FINAL PAVEMENT MARKINGS OF EXTRUDED ALUMINUM.THE HEIGHT OF NAME 'Z SO BLADES SHALL BE 9"AND THE HEIGHT OF ij F 5. THE PLACEMENT OF CROSSWALK BARS SHALL START BY PLACING THE FIRST LETTERING SHALL BE A,STREET NAME LEGEND x AT APPLIED'A'NFLCROSSWALK BAR AT THE CENTER OF THE ROADWAY,AND THEN 4'TO THE NEXT SHALL CONSIST OF INITIAL CASE,FONT ON O s r FORNED THERMOPLASTICS CROSSWALK BARS. STREET NAME BLADES SHALL BE SERIES B. 6 m / PRF PRFFORNEO THERMO-1 Icy 4 DO NOT STRIPE STREET WITH ROADWAY SURFACE TEMPERATURE LESS 55F. FH WHEN TWO STREET NAME BLADES WILL BE ON 1 zn 0 10 w TTF FACE T THE SAME ASSEMBLY.HE SE TWO STREET NAME z PEl eYa r+rvD cwOsswr+L 5. ALL CROSSWALK STOP BARS SIT ALLR BE IN ACCORDANCE WITH THIS DETAIL LA ES SHALL HAVE E SAME WE TH AND THE 2011 T XAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES(TUMUCD). 2 ANTI-GRAFFITI COATING ON FRONT OF THE SIGN TSO 2,0 PREFORMED THERMOPLA [c1 PLAQUE(APPLICABLE TO ALL SIGNS EXCEPT F/T FOR NAME BLADES). Z PFEF ORMED A'TLT KR E'OlL P aS 1ct PF FOF AI.DE TnERMOPLa T1ct 3 SIGNS AND PAVEMENT MARKINGS SH ACL ME Nlll 2011 TEXAS MANUAL OF UNIFORM TRAFFIC E CONTROL DEVICES(TMUTCD).AND TO DOT STANDARDS. SCHOOL ZONE BAR-DETAIL FOR ASPHALT ROADWAYS -SCAL6 N.T.S. B o OF cNRB IO APO S 1ALK BAR L FL -o R TO THHFFTc FLNm TN ALLcH F EA EON n o THFHmNYLYFT,c1 ' _ U V C 2 a HIGH CONTRAST CROSSWALK-DETAIL FOR CONCRETE ROADWAYS- N.T.S. HIGH CONTRAST SCHOOL ZONE BAR-DETAIL FOR CONCRETE ROADWAYS- N.T.S. EL — �s U Oak mm_ -- =a m � m a m^� 3 p� TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS NOTE NFry �Nol IIIIIN,INI LBTATIBI BF r.EE EATS THERE ARE VARIOUS DEVICES APPROVED DI IQLlll;H� LL cnrvwrw TO TIF DOL—INNSPFOFm 10- o - �see IINIIIL rvme>> FOR THE TRIANGULAR SLI PB ASE SYSTEM. 1E0.1 j TP BATE PLEASE REFERENCE THE MATERIAL PRODUCER LIST FOR APPROVED SLIP BASE SYSTEMS. II FOL—INc. ® ® iID HTIP://WWW.TXDOT.GOV/BUSINESS/PRODUCER LIST.HTM xNTn THE DEVICES SHALL BE INSTALLED PER MANUFACTURERS' RECOMMENDPTIONS. z INSTALLATION PROCEDURES SHALL BE �izzrvc xnI�IRn zinc wixe Pex asTry sass. 6531'RAINIT +,',",.'"Aj uFAcicaEa PROVIDED TO THE ENGINEER RY CONTRACTOR. nETEB� ;; �?., �yry z TrvN OJnan ',a 3 n is e e srvT z izz. BE usEo iF Tn[r HEFT%l 4F&o N �k5�rh n xAs. zie rv�rv�rvury s e ory Try z rvNTntii+" n IND 111 IINISS IS. sue n sNcry suvvoms"ALL rvm eE.svz�cFo F.cFm wxFxF.III.IIINEsuvaoa"I"sxausrvm 1FssaucID 6 ,y F_a xo- ISSINSLI IIIIIIUII '"m6 Tin o�amET .... -HW Pmv�oe a ss' W ROD OR a RIAAa. DIINIHII 11 INFI D111Q 'J cuss a corvcxsTs xarvo IIIINI iN a NON RR I oR"D ITT No"D FOOTINI Bry a FPB�L E FIF,EM E M LE�E A,B BAAA ANB B TN EB,B� uxEry F,Z F BM A IPLANNI.FOUND—ON 6 a SHINLA 2.1 OF OF ory E,E ,T APA�TxF LNF AF TxF,F 1,0rvnl.,xF TxA�aF PwrvP Arvry a 12 111 Nry IS DIN AIII TI „NAT, T,N%EI MD Ary rv�BE,rvEEry EAR NTNry�N rvA�rvTA�rvEB.NEE NrvBIN�P z,FOR x c� CONCRETE ANCHOR � I IN o&NB�M� INDILIIIIIIIX 2DIP'12'�AAHIIN SHALL OF �PBa,ATT IALI�IIIIP III III ON E PI m �FFTB BPEaATTB BTrv�sTON SIGN MOUNTING DETAILS RIIIIIIIDITIIIF.TIP IF FIT SHILL SMALL ROADSIDE SIGNS �sFB TRIANGULAR SLIPBASE SYSTEMPPLAHEPDNBPA SMD(SLIP-ll-08 EIPANSION OR ADHISIII TIRE. IF IIIS AID IIBB PSI,DISPICHIDLI. U IN Fo IIN A111 TI - aa m a m a 3 p� REGUIREMENTS FOR RED BACKGROUND REQUIREMENTS FOR WHITE BACKGROUND i REGULATORY SIGNS REGULATORY SIGNS GENERAL NOTES (STOP, v eLo, 00 NOT ENTER AND (EXCLUDING STOP, rleLo, oa NOT ENTER AND ,� WRONG WAY SIGNS) WRONG WAY SIGNS) SL GHI INT'S ory F„wa� DI. ENDr CAGING 11I`IMLL ITHAII' E w � GE _L E e�a K"�M,o BACK Ao No s EE„ .oA op o = SPEED -PCO LCI M I T , HNK oR Co oAEo EE.N .o BACK Ao No10 REo DO N T WRONG `'� =,ANOAAo P�aN=�EE,=. os,oE NolN,Eo s,�Ns ARE sH, IN III 11D AIRIII` `ST acs. e- ENTER � WAY N TYPICAL.EXAMPLES REOUIREMENTI FUR FOUR n SPECIFIC 5I6Ns ONLY ALUMINUM SIGN BLANKS THICHN IOUII F F Q a o F z REQUIREMENTS FOR WARNING SIGNS REQUIREMENTS FOR SCHOOL SIGNS x 5 CK o`c DNEIIRTGENTI w _ L MATERIAL IIEFIFIAI— CHOOL10IN10 SIGN ALINKIa ♦\ SPEED O LIMIT x - rwnix� viNO v as IsHso N eE Fo�No AT f w.nN, r-a��gaas,TE TYPICAL EXAMPLES TYPICAL EXAMPLES MEW SHEETING REGUIREMENTS SHEETING REGUIRAMENTS 141�01pb(mNMOITiYMparYfMl ,YY11 E,�Na TYPICAL SIGN m �i9a I� LI aAY�,�NNo TYY IUNN REQUIREMENTS '��`$�;� jLL IND u as u- TSR(4)-I3 ''����� t a. =ate as ti 3 p Cfl NOTES 3 1.CONTRACTOR TO PROVIDE AND INSTALL IN ACCORDANCE WITH THE DRAWINGS.SPECIFICATIONS. MANUFACTURER RECOMMENDATIONS,AND INDUSTRY STANDARDS, 1 1.IN THE EVENT THAT A SPECIFICATION,RECOMMENDATION,OR STANDARD CONFLICTS WITH TYPICAL STRIPING DETAIL ANOTHER,THE PRODUCT WILL NOT PERFORM A5 INTENDED. "Ts 2.CONTRACTOR IS TO INSTALL THE BARRICADE PRIOR TO OPENING THE STREET TO THE PUBLIC — o:o j 3.BARRICADE SHALL BE INSTALLED AT LOCATIONS INDICATED WITHIN THE DRAWINGS AND/OR AS INDICATED BY THE OAR. 4.BARRICADE SHALL EXTEND ACROSS THE ROADWAY WITH THE STRIPES SLOPING DOWNWARD Eon TOWARDS THE CENTER OF THE ROADWAY. 5.ANY IDENTIFICATION MARKINGS SHALL BE ON THE BACK OF THE BARRIADE RAILS WITH A uo aEn Ecnr m,.o ,,,MAXIMUM HEIGHT OF ANY LETTERS AND/OR LOGOS USED BEING NO LARGER THAN 1—INCH. wn 6.PROJECT WARRANTY OF 14—MONUYS FROM DATE OF RELEASE OF RETAINAGE IN FULL WILL PLAN vlEw LP �s 6 N,g \ GOVERN THIS ITEM UNLESS OTHERWISE INDICATED WITHIN THE PROJECT DOCUMENTS OR BY THE TYPEE BARRICADE PLACEMENT m o-"siuff Y` �WS OAR, n�N�nun or.rEE. �Ow•••" ry TYPICAL PANEL DETAR MATERIALS AND INSTALLATION 1.ALL PRODUCTS SHALL BE AS INDICATED UNLESS OTHERWISE INDICATED ON THE DRAWINGS OR � A5 INDICATED BY THE OAR. 2.WOOD 61 2.1.ALL WOOD SHALL BE PRESSURE TREATED SOUTHERN YELLOW PINE(SYP)THAT MEETS OR W EXCEED5 THE SOUTHERN PINE INSPECTION BUREAU(5PIB)GRADE 2 WHICH IS TREATED TO O F AME RICAN WOOD PRESERVERS ASSOCIATION(AWPA)UC4 B,FREE OF SUBSTANTIAL KNOTS, Z � DEFECTS THAT PREVENT THE MATERIAL FROM SUPPORTING ITSELF,SUBSTANTIAL EDGE DAMAGE F THAT REDUCES THE WIDE FLAT SURFACE WIDTH BY MORE THAN?—INCH.DELETERIOUS MATERIAL THAT WILL PREVENT THE TREATMENT,PAINT,OR DECALS FROM PENETRATING OR 6 �m ADHERING TO THE WOOD MATERIAL. 3.FA57ENER5 TYPE A END OF ROAD BRR RI LADE 3.1,ALL FASTENERS SHALL BE HOT—DIPPED GALVANIZED FASTENERS AND CONNECTORS.OR BETTER OF SIZE AND LENGTHS AS INDICATED,UNLESS OTHERWISE NOTED OR INDICATED BY THE. 2 OAR. 4.PAINT AND SHEET MATERIAL 4.1,NOTICE: THE WOOD MATERIAL WILL BE REQUIRED TO DRY IN A MANNER THAT PREVENTS THE MATERIAL FROM WARPING AND/OR CRACKING TO A POINT THAT THE WOOD MEMBER EASILY ACCEP75 WATER WHEN IT 15 POURED ON IT,7E5T OF SMALL AREAS 15 REQUIRED PRIOR TO PAINTING AND WILL REQUIRE AREA TO DRY PRIOR TO PROCEEDING WITH PAINTING. 4.2.INSTALL AN EXTERIOR GRADE LATEX WHITE PRIMER THAT IS RECOMMENDED FOR TREATED WOOD IN ACCORDANCE WITH PAINT MANUFACTURER RECOMMENDATIONS IF PAINTED PRIOR TO @ INSTALLATION THE CONTRACTOR WILL BE REOUIRED TO PRIME ANY CUT EDGES, 4.3.INSTALL TWO(2)COATS OF EXTERIOR SEMI—GLOSS LATEX WHITE PAINT THAT IS RECOMMENDED FOR TREATED WOOD IN ACCORDANCE WITH PAINT MANUFACTURER RECOMMENDATION5 ON ALL WOOD MATERIAL,ANY SCRATCHES AND ACRO55 ALL JOINTS,TWD (2)COATS ACROSS ALL FASTENERS AND PRIMED ENDS,ONCE INSTALLATION IS COMPLETE. 4.4.SHEETING SHALL BE RETROREFLECTIVE TYPE A CONFORMING TO T.DOT DMS-830D UNLESS U oTHERUNSE INDICATED By THE OAR, - 4.5.CLEAN—UP OF PAINT SHALL BE IN ACCORDANCE WITH MANUFACTURER RECOMMENDATION. -d B h ~ Oa �+�NgI11ppN1y� I UNIT] OVER ALL UTILITY PLAN I r, KASPIAN SUBDIVISION r r e <� � ,° .. ., � ,• ,�° pig"' � ,, F" - G ��� o I o i .• II � I I yrz I I � u � " J.P-1-Civil Engineering and � planning servicas r�i6(ss�il�z�ien az 51 of 68 E a c seiu�weowoe 3 hT 11 P No..o LOCATION MAP sCILE na,.aa TO STa 6111 w Q � F PIP= T-16 WA II a z w P4 z 0 z - � 2 w� I a tll z e w c a F z a III .a,o.,e,o a a. x ICI t i s n 9 36 w I T`I �3ass�Ra III I II I I L• ]IT `m— r SIGNIGE IT INI U III' ar A--s 11vEa Oa. i N— � o -------------------- a Eo:. I Ploniing M rPo"Po^r� a'Pob o ne aFa `�N py,dee ammo surface k 9 - 0c c° TYPE TYPE 2as P�aroe�'ee e - 00 TYPE 3 PERPENDICULAR CURB RAMPS PARALLEL CURB RAMPS _ Plonting o otner y�'�W�y�"' ak yW norrw I g surfo� �k;�1, Mc+. 12 Q TYPE 4 � R111 1 11, 111, m - ? slaewnl TYPE 5 y �, Plont,ng o oth- - e�rfoe < Y TYPE 6 COMBINATION (PERPENDICULAR/PARALLEL) CURB RAMPS x aR�f ErE— 11— P11 W�Eg.g � a REREg��� P' 's" .�E �Pg, n� �gRaoti= P� w Dg � ;_ z o E.Pa so Ma ,ar LL N IN � MPS IE S'EllR,�E�,�����a� m aPt.Raga TYPE 7 CURB RAMP PROFILE a DETACHED SIDEWALKS BOTH SIDES E"�rTM CROSS ONE DIRECTION o oa Texas Department of Transportation o reo ovl 3 + ✓��roa nay TYPE 20 TYPE 10 TYPE 11 iO 0 z a a rr a Ramp-e.oId O M _ TYPE 21 a z l a TYPE 12 axn—waikrrlg°s�erdea O o a TYPE 13 .z�. n orrrec��de.oid Q S€p samocx sda.od CURB RAMPS AT MEDIAN ISLANDS OP A DRIVEWAY APRONS OP a � GENERAL NOTES a e va�,oei'°°re poor Max Rp4ire rerdu�reEm Ha.�o� �rer zo rw�w ao < s En.✓�a�xauE xawnxw�ov ao,u.... of rre a o�caa��r ar�oworo 11 1 loll"I cxxas a�wo✓ a�lo. nI'll, 5111, s�res,,,u,E.ore a rearm. e5 o.ouEwa,3 p.a.�worms cous�o�Eo a .nor rwowr...Hr� wsre. m r - .. III o"oa°5`o,� ore W in s oars o<s'auwa sues.euaOF—1111, (>E�s sN.Esareciah� a�earereERsre�dcsioLns'cnonts.(r)J. — xrcnurt✓conmasrs urm mn.os ao:aNwc� E � �N d a _ V wraw wou�ereo, a cow.reas. N a Texas Department of Transportation Deslgn Dlvlslon(Roadway) Emonsion ion[os re¢�ree 3 2.. � � � aroa�e pattam Section A—A at..�xR a Ca anw9111e=oa nn°ar _ �M c\ ° s A E11E11F,4a Q F TYPE B LL z Groove Pattern Curb Ramp a°' TYPE A (15 Degree to Horizontal) CL TYPICAL INTERSECTION LAYOUT WITH OFFSET SIDEWALKS Truncated Dome Pattern Curb Ramp Q Geaerar Notes CP o Single Diagonal Curb Ramp OR 9i1�ua U ° nlhl a1°1s°,a9oa�°°tle=eae:aa o CureeRa'mpsr Q x =ea n sh re���.n °nr=h°mr2 e �.. d � O 1. :U app'caha 'ohs e F'� Concrete paveI with a truncated dome su face p� f p General Nate, nb.s— ern,-iess shown Carb Ra U — _ erpen mpe Perpendlcalar ° to medranlgent ° c b Ramps of he or the Coro Raalus N ana Conran I �4aoani°°°nr��K°��nd�h Crosswalk ouh°nari�Uon v an�ara CURB RAMP TEXTURING TYPICAL CURB RAMP PLACEMENTS AT INTERSECTIONS " n'r Texas Department.of Transportation 0 oaslyn owin(ROQawav) U CRNSULTANTS SHEEP Na 0��U.IS�K WHOHANA�EUHS'RE eo ���ON r SH-IE ETo OKNESS 1�11E.ENT-0-1 IN AS S_WN 0 OE S 'TRHEO KENTEO 1/1 0-UllH S-S) ED A--L THII SH11TI �H IT�l LESS THAN A 1/1.0-1 UNISH I E DO 1,OONT A ASRHAI 7 — A g T.NSIEISE ANKN '/I H.AO 01"LI, ZAN=TAO�ZNN' /�"HINSIDIS1'�l Nc ONTURL 101 NORU OONT NO fW/ISLH,Ho��UITR�ISH 4� , Nl� OHT T'T OONR TLU AO H X OHEXYTUTON IT % A _ '4.=R ONERNTAILANI- �, E��S T L �_ELE ED S TYPICAL V'CURB&GUTTER DETAIL 4"CURB&GUTTER DETAIL 6-REVERSE CURB UTTER DETAIL TYPE'A'HEADER CURB DETAIL NOT TO scALL NOT TO ALL NOT TO ALI N�AN/S-ALK W-H At A_T A NURA S-L 11 vavirvo SEAL'E"STREAK i Teo THAS SHOWN R ARRUR-ElUAL NATALL 1/4 Ell NE I(L-T �El �oAF_'A_E'TU;) 4-NO 4T IE INN I (R,FR To A_NTAI L T H S IRANS ON MR "o R -1- SIL-ENST-K 17T BAY FOR AS A E N ENT IN6S28 OR ARRR-EQ -TER 12 THRU El�l AOINRTE'NFN� TA,OER E'RANSON _A �H HO-T-NAL REINF-1- MNR'I'loR.TEOT SLE-W/E-- A FULL EN.H OF NURI) NO 4 REae).1 TH'S ST OF -TIN-S A SIL ON 1jj 2 R� �R_�EA�VTET _��4 1 CIR EIISTINI M-ETE FOR AS A NO ES' BANSON NURA I-TER T RoEl EW20'E� 1/4 RE.-EIINS.N A �l To A,S_ RH DI NARLOR T-A�SENUIE-S-L rvINE TH-H-0. 0LRN�ETY_�LHN� 1 2-1 11-1 2-1 N� OR NA U t -0.F-E CAP SEAL DETAIL CAP SEAL DETAIL PLAN SECTION A A NEW CONC.TO NEW CONC. NEW CONC.TO EXIST.CONC. S'VALLEY GUTTER DETAIL �2 NOT TO ALE NOT TO ALE NOT TO ALE 14 8 WEL 4 S-1- RS ON TYPE'B'HEADER CURB DETAIL RAI Al NIAN-NURI ATATHIS NIAL TNKLRUENS 0AN-YTOOTRALSLOOMIR E-A.- NUR, A EL�N ONU E�D.�TTOH S NOT TO ALE /-10NI MSTOUN2Y SUHSA 0400AHE INHEWRTE NRNOTRHE R�A NLA7 N -AS-E-K ` Ly H Al, IA E -FILL NEW-EIISHNI IENAL CURB&GU7ER AND HEADER CURB NDTES, _00-E(11) I ALL�O S T Ao TR T SL NI ETE r 'U,E INT R'E'TELASS.'NA 3000 ALL TEEL-NE 60 EVNS�N 10 NT�UT��IIST -1 1 6 1 N�4SL'lEEVWTH'2EH�LoN'AllNE HONT AT SAW �U��O%REE 3/_RE,EIINSION 2 TUAN�SUERRSE,�=VRSAN`HEMEER A��UR'�`AT�IE.`OS�HA NA5ENU%lE�N R, U ALL A U UR, E B B R, E _A#�4ND`RESL.`NNATTE E�U#A� *,RoETA�RNANSTUoRA AAKL.EWN'TWTTHHEA 3 AUSION DO TOR�HALELNTEE_UOV��OEN�ATT 309 OHE N 8, 1/4 TH INSION UOINT �/NTETRHS"K(EAII.N) E�NF EN , SS F T 0 8 111 SlIEWALK EL-TION E A C LOENS E�ITE5N�EL�ONA�.�SAS�ET�HEA�iNN�'�ATEN�HES ANNOTH4s '%T_�EURR'.1 IF1 IS 11 A, TH WEL S NE-K EN #4lS SHALL IE SL�EUIRE,� W/RENF 4 WHE RE ZUTEVO�RA"l-NURI 10-E 12 11 1HRREW-SITION THE IST 1.OF THE NEW TO �HNT�HEl IN S-E �R HL IANES WE4LWWRE-FA0 ET -11-UT 12 1 S,5EREA �S` EN%SSUEE��RFTNTKNESS�U, TER�E NF�RATE 5 NUR A (2)#4 WDSN E H� ANS�E�U To E� H �S ON AN E N THE�I=��TT S�,TAI�=�S�E To�NE(SS)�NAN��ON�TOT�'S RRR.FEE�RT TO R"NF""NF"" (ZNST�ZTolEES"ST/'EZ)E� " 'TALS SN ON TH TAW N' 'TH THE T"=T L SE I SUI-E IER NOTE'1' 6 1'2HEE FLEI- SE(4.U.)OR ARU PLAN SHALL EIENI A'N"U'OF NI THE IAIK 0 F'URI H. _AL 6 NURA ITE R��TAILAHO S_NANR_-S-L IE CURB AND GUTTER TIE-IN DETAIL SIDEWALK RETAINING CURB DETAIL PLAN FOR SIDEWALK SIDEWALK DRAIN UNT-ES NFOR 5�-TER 6 MERS _A,_ER_HEANER NUR,�A�RUE�SE_L,IE.S-AK NOT TO ALE NOT TO NOT TO ALE NOT TO ALE RURV-- TO A-ESS IR-T__NS USeE'SASSUNAU_To_ARRURAL SRE� SLORE NATURALc HrvH E" ON T30/4�SHEET) E �HNEAL�o�N�RA�AN�,EOFT�H �R�E��TYS�U 5E��EONTF%ENTNULION ll� IN To UR THE WTH A UT AT ,R E IRASS SLORE (THIS SHEET) HK I-E 1/2-E FUR.THE TERASUT.ENT OF I-S--NE-110N C-),/4 RED IN lURENlLASSLEEIE WTH E S SSLT 1 ANI ST=N WTHN Z EITUAATL)IUNU ERA,EITI N �A" r�`N��KTEET�W/-3T/E8 I(HST�AULE_S�'EETLO THAT ALL ANA s HA_s s 0 7M NEWE WLELLANI Sl'HONE�718�T 14 S.I . 0 NTERSUNK IK 9 0 ERS ���EZE�ELITYSSTAASN��AORN�SSTR(U����OF�o�E�LARW�IHE�TTHUERAL RRIER S INTO EIIST A� SS TA TH �H <FOR-ENT �(.�IN<6 E SI- 3/4 1 3/4 �ARTI-E 910 RAS-L AHUIESRED RIN8 AT -_1 OFE NI THE NURI Sll EC IAIKeN-E-K REIN ENTWALK lLjr / -�ff L'A LK A-R-E WITH THE SID-1-IONS AS S.N AS11LE (N N=A 9�H SLORE 21. Al STAN_R_TOR_S NO DUER THAN 48RSW0,THEER- 6-A'V )ALORF�EFROUOS ORTES�- IN SHORE 21. THE EIENT OF I-E.ENT N l(U0 T TNHEU�N C C .01STURE IF HE 11E.ENT ST-HURE _0 NES SO—NDTES. u- 12 #4 RS 1 ALL EIINSION HOINTS TO IE 3/4 RE—EIINSION DO- 'EN-DER AUTHORIE LESS 6� 6 4 1-4 4 1 12 0 s EW 2 ALNLLEcSONOTRHIEE71�07'3 Al STEEL-NE 60 ...r56 68 'N AN N_NUAL_ATNN RAsRS SLORE NEW TO EXISTING 60 000"' —C...11, 3 TE TO 1-11E ll..FINISH SURFACE&SIDEWALK SLOPE BEHIND CURB SIDEWALK TIE-IN DETAIL SECTION B-B TRANSVERSE'N"ToN'ONTS` E"1/ 1 SHALL NOT TO ALE NOT TO ALE NOT TO ALE �E NUT N ALL S-ALKS AT 1 0 T-ALS(I NTEHRLS1 IE SIA-TO-NH THE WRNI�FALT)HORST�HEEWALK PR-C i 5 EEaa°r�w�RN�� w N=RLrANr=SHEET Na TT �oMEEaEOR — p� Aa RE — 6'C _ vvFovco c¢ua� �R — ��Q6Q °Ra N. E��oRE�o°r EEaE rH � PoM �a r sccroN TO uarcn THE ° um e 1 w+i4 o€sop LL vs i. rE, xu 1�ALL soevnua'ara of iz 'no oaoE,AT T a PoOR�r ��ouO +rn LONGITUDINAL OR TRANSVERSE TYPICAL 6"CURB DETAIL SAWED LONGITUDINAL JOINT CONSTRUCTION JOINT i.i�V�m Nor TO—1 a o —ELa w—ELa —EME ENEE D�o�U a� ENr aoo�_LINE EnoaE oR ER En'IA OR � � ��\ �_ IAA m00% U g III1 n a \ 14 IF..ory NETS N1—.mw curl d o smoorn rowEt _ cuE E E x I rErz Na eaR zaoc /I � no ra y J } J// � 3o ry R U THE TH110M IF CONCRETE TO ASPHALT TRANSVERSE SAWED PAVEMENT SECTION TIE-IN DETAIL CONTRACTION JOINT EXPANSION JOINT 7 NOT TO—TE JOINT SEALANT COMPOUND Norro11ALE GENERAL NOTES A s u� �w�E N,E w 8 NR rRauE�E p Q a ono Uz Z oZI RE10-0—Eno 1—T—N„a 100 l—ENU—ro d o rH�c Eu wHEN c��EHER LMEsroNE USER,rHE.aRSE a.RE�AU x �o o s? cs � � oNN. PBQVIDE SreP:(Ss)EwFLrnv wwertOB NPAVR PAOEo ,HA.,OPENING "IFIC INGED DIAME,EB O, P—IDE CC(ss)wFLOw wHIBrrOB PnveD —PnveD ,HA—OPENING "IFIC IN, GED DIAMErEB ON MAN note REQUIREMENTS Ontmunms SHEET NO B(PBwIDE B(PBwIDE Aa'IT., ��,G"EMAR BRAB BEwFOBBEMR, B„ , RERAR BEw'OBBEMR,°L-ga BARS( PLABE B"ORE "G '?" aooO PSI BONRE,E BOLL# O' aooO PSI BONRE,E B DPE B PLaBE B NRETE TO TOP Oo BOB S,D., 3 ga BARS( E ° O O,OP OF BOBBR� � AaUS,MR,s c,D MAn � ,D-<,O s3s 3 MIN O E o saz FINDS DEABASE NA q'�r,por R,E C APPROVED COATING rA9LE IN NO 1111 ��� All-ID° E AA,E°AL >„ NAME"oEFINAL Roo,,E RUBBER �E nPE A RLR W,H PBRA TH CAN SS of,HETIA NU S,�EM ss GAINS OIF TIE TIIIKNEIIT'"NENTI 11 U oSoL HE ECRAVATION BON aABEN,BASE TABLE ..STD PBOBTOB SOFT ALL BONBBRE SUBFABES NBLUDNG BBB„ WA— BONDED BOND AD s o AN,�,: ABIe DAY ROMP s S saooO \ All ILL 11 AGO E ONNEITO ONNR,ON " (G aETE BE sDB a STALL •� �• m y z a:e °MRN�LPSABIE FADDTU I SLOPE CC'Si :oPEWINH— woo = IOWABI NO a BEGAN DO WE UU Ps M N M BB DAYS) SEE PIPE -E E (EP, RAE EE PIP - 0,AAio =a "� pw anWABLE ELL DABAF LL ADD 2 Te MAz SHARING LDRAL _ O PROVIDE oo< ' " PW„EN FORM BONBRETE FOUNDA,ON > '<FOR"M rBiMuMBNa,N'KNESS)� MB (MNMUM 11 T„BANESS) cNR BY F ND MORE ABQERB vE _ nrl„o�INVERT PFB 1V uAe ENGINiEERBE oo�so PROVIDE�RusHR BONE P B PBwDE BRUSHED STONE ,. AS REQUIRED(11 MI „ AS ED('I 3MOR GROUNDWATER IS PRESENT GROUNDWATER IS PRESENT pQo€ow m Z 'OR`Io1EG`1I OP,MDM MOISTURE ASTM RORTOR DENS,AT Base Av AL ,v �AAAsi'f-r4`'1 �3I IT oP MOM Mus orce ns M un ��o� ' w„oo+s Nos BARS ��\��\V\ VA�,,,�����A� VAS B BARS —k Chi IT OF FIBERGLASS MANHOLE O'EW CONCRETE MANHOLENOT TO SIALS NOT TO SIALE Ili(o w w o EQUAL To FOR EQUAL REGARD I HALED OFF SRN RE;E CONC.COLLAR FIFO BEND o ON ER TO, MANHOLE s IN OF IT LA AGES,DIAME, PIP WALL(F ONRREL NMEEVE — E OA E,E� ID A,EB srOP LI �- Ps(,C, A."F' RON AS Q R',(T`P, E" BELL OF PIPE — LNA, URAF ROUND D _ D,B�RADIUS(„ ) nALL GR Q � � F FINIS„DBABF DANDE WI, MEGS SPE RF FQAGE TGGG P =R1 META E AN;°(TPSMNAAOR PIME°OND OR ON ACT PBQ,EB,IQN E;ME �a RRAB BIBBD�BGI WASTEWATER MANHOLE(BOTTOM) PIPE SEALDETAIL OLE TIES.AT 12 OO NOT TO SBA as BEND NOT TO SCALE z� MANHOLE PROTECTION IN UNPAVED AREAS o s SSEEEA FOMRAIEGENERAL WASTEWATER CONSTRUCTION NOTES: (CULTIVATED/SPECIAL) q z p a O AIL O,,O� w �� ono zw To BE ENCOUNTERED MPROGEMENTS To BE PROTECTED.AND PERM TS AND FEES To REQU RED AT INS WTH OTHER RES EARCH THAT I NECESSARY TO ENSURE THAT THEE ,G CONC.COLO,B F A,PSMA:Ni RINGSPRO z �NO GOINsE BPnBAINR _SLAPSTICKONSTBAIN,S,HA,MAY ALL BEEQ RICH PER PEDUR R C,THEAC „AP,EA C,B w r IF MAD .�, R. NINEGRADI as BENDMANUALUNFORMTRAFF,'ONTROU ADEVICESF iOFFIC).BOL AND Musr AO„RF,O,tiF ��� FINIS„GROUND d � M WwLr�ANpHES MAIN PAD E ESGNED ro GBo GP x S. IT PAIDPRESSURE UNDER AT L PE(M'OND ps D PIPE)AS CCC PS CONRE,E FLOWLINE OF THE MANHOLE SHALL BE CORED N SEALED WITH APPROVED GASKETUAL RENF RNEWATER MR;B C_ SURFACE GROUND CONRETE I= MANHOLE BARS)TYR(MINIMUM) OP AS MANHTOLES.,„E MANHOLE FOUNDATION MAv BE PBECwsT ON^ (PROCEDURE Muss BE SUBMITTED To THE ENGINEERING SEBOISES s $ 58 of 68 dplFs AL.) INFLUENT BE LE IROB MORRE RESIRA45EBFROMN PA R MANHOLES WITH E,E CORD DRAWMC NO MAIN MUST BE NO PARALLEL WITH DOWNSTREAM FLOW DIREBTION MANHOLE PROTECTION IN UNPAVED AREAS FORCE MAIN DISCHARGE MANHOLE DETAIL o REQUIREMENTSFOR FBE FIBERGLASS BO,TOM WD BENCH MUST ALSO BE FACTORY INSTALLEDALL (RESIDENTIAL) NOT TO SCAR NOT TO SCALE , CRY PRO—g NSULTANI'S SWEEI Na EVAON uTERALS.LOCATIONS.SIZES.I THE CONTRACTOR STAFF FE'G VER THEAND OTHEE`STNGR INFORMANHO'MATION NEEDED TO REHACI UTATE EACH MANHOLE IROVIE LAG((PROVIDE E w5"'^waW g'�" 'Y N EL N(SS OD HOPOE(RADJuuARD)TAIN RERAR REINFORCEMENT OL#9 ARE) OF E ACES AN N'S TO ON T LA ASDIVERT TRAFFIC AND PEDESTRIANS PER THE APPROVED TRAFFIC ki WHIT A RINGS aRISZELOCIAGES`M' ROUGHENTION STR THE ENTIRE G THE TOP OF CORTEL E AND OEGRIS �a �... . HE CONTRACTOE A p ROVICE COATING TO EOPO—CONCRETE SURFACES WTH APPRO—sSTEM TO PREVENT CORROSION THE GO NEER FOR APPROVAL BOTTOM SUMT P POSE'MATERAS To BE USE'To THE ENGN' a THCENESS SHALL PGOVOE AN ERGO ENGF RINI GENCRIES OR CHIP BENCHES OUT _ RT NSERT ANNUaRS PACE AROUNDE.STLINES WITH LU CHEMICAL GROUT 0FERE GOZSTNGMATop C.NNoLE FI cEMENr STADLSED DACHFLL wza `s` s TAS OF TEME TiT INSERT (EICT BE F ) sIT D IN SHE °o z= x � �C ElC m�- cA To Waa ' R.A—MANHOLE RING ANN COVER P ATOVE aowL NE LL I MN :. REFULLE M RE AND USE : L w:H owATLE FLL ESA zcAVATON WALL MIN �\ CONNECTION(MAO HIOCII) o a 8 RE SEAT P _ —— \\` PER Fr. - e V ——--- zlSrwc PIPE vARIFs WATER STOP ASSEMSI PROP PC OD) IN VE GENC VE GENC o VE GENC UT AT N IT IT E IRE MA Ez sr Nc BENCH (I00 PANHOLE ro CONCRETE ze of AFIL OF :� a ° As oRECTEc s -1 MIN pROV BE B IT CAR RINGS MARCBE ON OR aeosTA SRNCO TAINLESS OR U SI ON COU LING ITH MIT SIT GROREMUT(IMP1-OR AS A0-T SAL r °POSED F NSERT AS TNG'MHD WALL°R °1 o x TO P OVOE HIGH R w E.ISTING CONCRETE F REMAIN GWATLE FILL FRP INSERT REHABILITATION OF EXISTING MANHOLE FRP INSERT PIPE SEAL DETAIL NOT TO SCALE NOT TO SCALE e u O CIA VENT HGL i4-LETTERING MA)CHINEZEGGE OF RINGCAHGL WTH BE TETHER BE C UREG TV MANHGL<ESS WALL SUCHEEL(S;HATITHE INNERFLOW LD IS FLUSH WTH THE CUTER I TRAFFC SHALL BE RESTRCTES FROM MANHOLE FOR IG HOURS FAR LIFE CLEAR LF Q` DSPATE FIR °sE;o M'°�osEoEMos;'A sAGN)`AIA z w p INFLOWGBE MACHINPH B ES) _ RESULTS LaF AN GN.THE o F ASSEMBLES SHALL MEET OR EXCEEI ALL EPA ENVRINM=U STAN BASIC S THE CASTINGS SHALL BE FACTU RE COVER PLAN VIEW / FROM RECLELED THE TEST S HALL BE SUBM"'TV THE C- ANN BHA MATERIAL THE CONTRACTOR SHALL PROVIGE CERTIFICATION NOT TV SCALE ER(1) a r a- I�P-CIA.N OPENING PER — — - Z S w„ �% GUNOR. SeoIT ae W x za E #CO2229J Z. a o �o 0 o SPECIFICATIONS _ R�sAT,oo�T -scoffi PER MANUFACTURER (I) o AL(MALo UI)D sflE67 59 0( 68 PER M NUFAcruRER _ (z) uNo oRNi TEO EIwuTHE PUNs�A��Ec°VERB SHALL BE za DIAMETER A T NTENOED FOR MANNED ENTRr. SECTION OF RING&COVER RING&COVER APPROVED LIST NOT TO STALE - Ty FlOGLAT d OER APPROEED ARVs �P�o � Buz o NSPtiaNis sntiT WILL TAN1-N PLECT aME pwja a � AM AT N,EET� C �0 6� 1 1ORINSNA ORD`� °�nPiR D T ND PR SD"� 9a nz <j �f'= COVER PVCST°PPE" � a "ENFORCED OONDRETE - ° R O(EMOVIDE RECAR DETAS N ODT oa �w a n C SEE C LP°"OFCE inDS aCCA")FFPADD PLATE REQUIRE.— 000mo� a EAD-1 NODDED NON. E r� °VEDA"VTA"� CAS°CR„P EPARTM ANDAR ,°°PS MN z6 � 1D A TARIFF PER °° LL= MRN o EACH w _ F _ �$ -o ORT A °.DT T DEPART OF SCHEDULE a0 VIRUS € oAVSN N P'ANu=ss STEEL uNo ��. TEE°°NNE° .� �d' g � SLOPE 11. ,a 1111 Ps CONCRETE a. -- ..ONCRFTE FOUNDATON _ we-LIEF c D 1 NN` °a`�RA� oo+z ° s°REou�ao Pw� .IN FRONT VIEW °°" N°AErE SIDE VIEW AN DOLE°o°_cR R°°E AROUND A.ER SEED C.-R°cLORATI Ns° ouANnn NO COMPACT TOP' IF 1111RADE TV BOLLARD DETAIL DEEP CUT SERVICE CONNECTION & v AIR RELEASE VALVE AND MANHOLE OPTIMUM MOISTURE CONTENT NOT TO SCALE NOT TO SCALE NOT TO SCALE Ili o w w O U OR SERVICE CONNECTION NOTES: ELEMENT 5� RL CONNECT T_I CONTRACTOR TO PROVDE SERVIOE LINE OUTSIDECE 11EM ECTONENT Al SH..NRAND NE o .—THREADED PwD PIPE AND FITTIN.To RE —WELD PON aD PVC —1/2•NA, ED PROVIDEMARkEA� AS RDECRED` E ��a ERVICE,usE PVC WE OROTEEAl DIRECTED ATC FOR NEW PVC AND z w e AC f�rr� IS SD.USED PVC -(n� n pia DIA o'•< E11-REP o PON a0 FROM cLR,NOUT WISICE TO THE MAIN LINEER PROVIDE � Q p R NEEDED ENC THE PIPE"/D OF a= SAN RE _ � a �s RocOFI°N AND VIE OF MAN DARE OF has.REND ON RDRRER O PLAN CLEAN OUT BOOT �Q SEE NOTE �MRD,ORw MRD2 ARc NOT TO SCALE NOT z w 20 PREPARED OUP ND TH T Ell ° O RR w ° ® PROD S SASE 2 2 FORS ER. �a. R MARRED FLUSH �LH SHOWN ER TO PR ODE SAND noNE1�2 EACH) a REDMENT ° m WASTEWATER"TNREAPk ARE ULAR ADDLE'of OR HDPE O SDR�FOR PVC) i�,O' CURE FURL,z.PIECE OF RERAR WITH SECTION A-A SECTION B-B o sHEEr 60 of 68 POLL PROTECTIVE END CAP ON—IT END NOT To SCALE NOT To SCALE —RD— SERVICE CONNECTION DETAILS STANDARD SERVICE MARKER TYPICAL CAST IRON CLEAN-OUT BOOT s NOT To SCALED REQUIRED ON STREET TAP NOT To SCALE n EaOcr p FCONSULTANTs AE EET NO. DNPnvED�PnvE° - HALT REPAIR. A MYnLESS 'AN THEN PMVEIwEN;. gw- D TED OR STAIN STEEL D IND III UP DR TE REPAIRLESS 'AN E TOE"ESAAAEM�N AaAoRETE �W, � DA STEEL SPARER°° r ° Pz IF I. WELLED STEEL oR RUNNER SUPPED, � ��DE OF° Nc UP L SEE D EME PSEE`NOR 4 TO 10"CASING DETAIL ABE MATERAL T V �E—OT E .1 TIE BASE��IN U LESS P CASE GOT TO SCALEm B AINACENT BASE AN TIE o€ HALL BE CEMENT STARNISED GATED OR STAINL B CARRIED PIPE oFILL 11 s DHS OF DEMENTiD» 000- €„« WELDED STEEL OR STEEL C1FTl PIPE GE L11 E.1°IIND DUNNED suPPORT a E:cAva IOI O *NOTE: —SEE NOTE z 'D RDNNERS g ABOVE PIPE (SAID AAAiRTAe�z-NEM A f SD, 5� d a ° BE LEANDH� DAPEaPEND� LLNDTBEPEaMII°°�a ..l.T1=ATDDFs.DaLEuwONE PEaPEND Go 12"TO 36"CASING DETAIL 12. B ION ^ELT° a NOT TO SCALEALL REDD AND IN TAT SAIIHIP 11 GRANULAR MATERIAL SEE TABLE, of "IT ITS—NCLUDE a.TOA�EME:aEa�aa� 'DsoawloEF RNE CAPPED SEE DIA+z °ELK o :x�°:b AE o:xE _ SEE NOTES MATERIAL - BNmAMEMENTRE�IR, ANY MR�N '',°"Y'°AN MUST AT „AND DTNDETNE n MAXIMUMABLE 1 IAIINI OF ONE SIDE OF DINT ° TRENCH BACKFILL FOR WASTEWATER LINES w°vpMRA La oN"E`' aII W CASING DETAIL AND PAVEMENT REPAIR FOR UTILITIES MDSTDE NOLDDEDINTHEDRA o NOT TO SCALE NOT TO SCALE o GENERAL NOTES FOR BACKFILL TABLE L TABLE 2. U BEDDING AND INITIAL BACKFILL FINAL BACKFILL (BELOW PIPE TO 12"ABOVE PIPE) (GRETER THAN 12"AB OVE PIPE) UNPAVEDAREAS PAVEDAREAS ALL BEIIINI AND AT lACIF LL IIALL CONS ST OF TIE FOLLOGRING OR A FROM 11 ABOVE HIRE TO A FROM 11 ABOVE I IF TO A GELOGS BOTTOM OF BOA BASE AC CASING NOTES:_ SELECT MATERIAL FROM EoCSVATO,OR & �EOD OF DR'�s�iN�"dE NATOAL L STONED OR OR GRAVELDY MATERIALMATERIAL FROM THE EoCAVAU MORTED OR OR ED MA ERAL MATERIAL SHALL MEET THE FOLLOwINc_ z Q �rN 4P�'LAMPLE CATMCN,AND ILL°rHIBVN S SHALL BE SEE �Ra rE o ME AND THE To OINDLL DRITER�REMENTS OFq TM Dzae,FOR USE MATERIAL D MAA TD DE PLACED NO GLUT S I I GIA=TD PRDDTDR z � � 1 CAB A CASING 3 THE RE p°Y I ION. O , o e ONLY ON B nPE TORT RESTRAINTS APPROVED EDUAL STD PROCTOR osse,-9 MATERIALF 11 FROM E.DAVATION 5 Q SHALL BE USED SI-Sm I CASID SIACERS SHALL BE DIED TO SECURELY FASTEN TO THE CARRIER HIRE 0 DON �IN=DMS U. D TO - m Q W BAN'SHALL A 'OST ON NI OF T HE SPACERS SHALL ENSURE T THE CARRIER IER PIPE A " DPI"z„ f 3°e OF OPTIMUM. SS FIT EE 11 E z ITEM D DEFTEN STAFF RIEEQIN S_NTS,THEN USE CEMENT EACHIAS B SPACERS AT END SHALL NOT BE FURTHER THAN Tz FROM THE END 'Lasrlmx wDEZE(Pp}0 NP TO LD MAz P ROAD BASE T � I. E SECTION. �� ECAVATO Ns aavEL)mEEr E usE causHE IS OF THE CAB NGP eDrrOx}i OF ROOD BASEMENT STABwzED I. ¢ CISTALLEI I THE CENTER OF THE THE 10 ENIS OF THE PRODUCTS SYSTEM NC.MODEL Az zIPPER,Ps MODEL c END SEAL,OR AN LACED ONE OR taus EEDOARSE AccREcarEcr.Dor ITEM azi.GRADE z THICs�1roNA�raucrioN To AND All �oF�HgsHskE�erHEEFOLLowiNc 6 � w TopSOLE REQUIREMENTS APPROVED EouAL. OR R a. STOP METHODTO BE PLACED ON N u e_CRUSHED uMFsTV—ITEME.2 NE PER T. EM a2L GRACE 3,OR PASS HTD - a HOD PC IS IS 15-11, P FPDSOO_MOISTURE TO SHEET 61 of 68 �MA'NUSLEOATo OF AECOAD&RASING NO TO(+/-z9)OF OPTIMUM_ III Tp r-a CONSULTANT'S SHEET NC s  na A �� o= I ���� OP� ONE BARS "C" _ e r secx1,11 e c<EA reaaT a. o om<�F rec°wm I—S z 1. �[a w�c res e,'o./ NCH[ `qs Bares( 10HAL) ��o€o€ � aomn o>P.T A ... .° "I"11Z,Ecry aowT Pmm rA�A), .aAa s eats w 1 A11- goamg. Es / /,'- /'a ° /a'-sI ar corery Tres rec¢'o) �r119 n PLANOFP0.4T/NLET �A�RAD,°� oLr7.NOF5'STANOABD/NLET <i <i.� n-a- n� ra-a- T �2- svccaL mor- ^aT To sIALE i <r<b- 1, - �n�- rro._a- NOT To sIALE 111114 rnX 12 OwsL > lox r°"se""""_) o_a°.a 2-a- .1P�,°-asM Z t�cw 08='. wAE1=.aNaarm OEI.—TsEls. #o aHNo s<, sossw oMio of €� w aA TH ro sroR �=Ea TLUSH a RE1 12 oo" TAT aL NE1 o° FONT PE a �AEre o �'o 5 0 ®� o TO OUTL o�oE w,6" �n0 _ SLO AS�a° a ��a= 0 114 PPEAI r� `, � ° °aT�PPENA.are�O N �" h T- tea, PPa aw o 0 mow a->o,11 'IRA m �Q eEa iaPT—ALIOH-HT A, Rle�o Ao'A REd TEre�N� PLAN VIEW GRATE BLOCK _"ma`s A aw Pm rows s� a.., SECT/ON6B -• E eAS .PIE ar s.�,cv�aw sca RRn rein"�`o mac �r PICKSLOT DETAIL ` `� c �o c o 4 o F h aLrJsrRr.�ra L'i 11 PIP, l—u�i.�rew� c •z�- aom•,r oP.rO.v,�c -°� a ra -( a..ONs0re SECT/ONAA >_,,.,na "°T T°a`"" GRATE SECTION RING SECTION pLANOFSTANOANOONATE/NLET "z _ - >��- s�° �aT TO s��s q <are a -A�Js.,ron• °Arens T,eArJs..ron• � area_ � O rn r<-e.-a- A11A—IAAs � r-are 1�°n; ',� a xi®a�z.. C/TYSTANOARO/NLETANO S/OiYAL/T re"rs`'EO PV - wi% a, w r ENIil/AN//OLEB/NO B COYEBCAST/NOOETA/LS z l�bwri,�, a°�l � aAsa are sA.s�Pacar� NOT TO sa,LE F= IN ET AND SIDDRALK MANHOLE RING&COVER NOTES LIE III './1-,P°,pro La,P, - i<.�`��,rer�„°.� o 2 THESE a��.E.r.. ENDEDas TreUs TO PATT=reN.TOreM.ANa a�M CNs.NEE EOM sreAs�.=PONs�Ns==A. a r P,auAu x ERT III 11 area uP,a a oAla„=N�AT r s o ore vR..�o - PaaE,EHT are revs. :`s4'a Eo a pMLNa oN aorH wars e seeEr 62°r 68 FLO{YL/NE r"A1S/T/GNAT/NLETFORI 'HER caao oreawrNc Na. THE R 4-VA d-STO.C!/NBANO O!/TTE/PFIT T SECT/ONGC aeEcr d CDNSULTANT'S SHEET NC IE U T ore SEE vary rare RC arvO LOST <oF^ 5 mrv. s Ivsore rec acz nrvo pry(TVP) aOO.OrvaL eE earea a rePu_N a� wN ffi LL�Tory mv) IEE o Ova nry mv.) off m=) �� paw e O< wka¢a rvG rvnL Ns urvv�mvcx I mix luc(Tn.) IER vErvlr Ery IC RIE rvro<rI- J %. L :I: q E�are J rye. L E�are ov V Na an �o (iOF swa)a ocEw. HssO�aw� rvw� a� IL m €€ v� waT<�, av DTE mba PRE CAST CO E 1E TEELLE nC�arv< a a a as s o 1 w 11, P« o v Try ,a �—El vary arvo vreo<� E 2GERR vary arvo vreo<LN �aT<re <ILN reef aezN'u Aa'cNa s Wre ueTwnr PLAN PLAN PLAN !(ZWMIOETAIL TYPE A"6fANHOLE TYPE B'iJMAFIIOLE TYPE C'AIARROLE TYPE O'i"WOLE g v a UGT TO I—E Go rvOT TO.,—E rvOT TO.,—E O aa,TmEOECUE marvxOLL relnry a c�E III Q n an!`Tmv)"` Cl LE inco �� o)T/a' a flao oeYE vvE an svncra Is nm vnvomEry ErE � ref vevnlsslaI USIEMEITcnory 101 U ti o cusom • Flrvlsnso vnvsm ErvT EwEre Hov a��TTom Ew. Nrei res P �EW�TC rvr y ccPPLSc cI.E—vireo reo �NRUEo vA ry M—LE ac y s w n role LII A m9' , z a N om b N rorez anres 1_ o Biz" c =a /�o n I _ m c.ac mu. oc.mnz ul rec.acz ore X oc N ~ m COVER BACK (T)ov Lw ry g vcwoEc oRw Tom Ervl c c Ew n ttssso Tausn T N v ore e rc .UToure—om 7 rc m '=ULR To OUTicTF Alw¢ mnrvnoic To ouTI.ET a vs vvs w/�reouT > > zr Es PLAN VIEW PICKSLOT DETAIL I °°`w<w�pyo p a«„�-,x,p,oeTal� = x oERT.TC oc m ,' A P Tz E Q E s/a'on zs /z'oln ore AS on v ry N (T IRE ry e e u O m m ze e UY AT ) c T mrvo�s 31/4 sv. � M NE 11 acs a (sEEoTE z) n n— m dZ' u sI a s/a'ow As A Ss oow¢s o NOTE En w r (1YP) 'J o COINER SECT/ON FRAME SECTION � I— irc vvEE rv<T s�wry a a o.o»E Mx Q c care anre sxowry Fure..uwn C/TYSTANOAROROAOMY'4)' AA'A'OYE SECTION SECTION E��IAITEp°ogsq SECTION R/NOB COVER CAST/NODETA/L TYPE B'AMVjVOLE TYPE C'AMVjVOLE N °re RElRRE`l,�"A oT;l TYPE O'iffANNOLE sHowry F re �ROT z o UAT TO acaLL TO IIALL T TO IIALL (aEE DATE 12) rvOT TO 11ALL d a o GENERAL NOTES FOR cRETE DRAINAGE STRUCTURES cn N csEaOA�EyAOED EH :rarvwreoE—EG FOR THE ry ,«^ �TEa ary THE vLL are v«ITTRM Ea IrvTEI waTlrv< Tlrv«.FILLE—AT arv<LEaTH, _LL 'ERLYTHE a rea. are =a THE EnalrvEEre. a are EL.—Al., THEre Eo(I11 Mery ao)1v THE LawEre rorv<reE<E roams rvalarva. WEGHT,OF F _ —RE<aTE T—T ITEm 4T�ME a are a. seee7 63 or 68 . v reOF< l . 6"pia" a THE—T—TEl—All-NEI THE WALL vas I LL IaE THE O H T reT �OTD �n " sD ^ oaTo nry caao oreawrmc ma. R.arvO c<oEA a�LL aE OlvvEo w�aL Tare ore,>sv�LT. MAUHOLL 11.—c<OEI F01 avEIAL curea 1—T .norem warere aaeEcr d CONSULTANT'S SHEET Na Tw,rvs T ory TI-1-N IT-L rvE s 0'sr Nlo s T-1 E 1Tm H-LINI Pore recvucc ExaTrv�rervc 2 Xv mrvr.(a rem o) MgNHOL :xvEre a Pore ctt or grvo x + d or cuTTm e' cures rvicr e' of�urTEre P GRIM CHRIT sgN-I m C (0'TwoTE) (T0'TncgE) E. zwaadQ -A Ell ER�t vq�re T(-E n6 puc -- creETEE o0o vreov.rec.vvE c nnHOT om b �L- - �I - OC - �e (I OE�areiPmE ZOT- M� ---- �e oodsae) PLAN o` arv) r�mW o ,a s.R«ouT wgLL of _ER ,Tre rev,rewq,S7ore oo.EEs®i�nc a�LL s�rvTo E.sT.coM µo EMreEo S7grvHareo cuas�rv�T :H'a`��"uovoreTMgrvH�u-anw F rE"ga6o ^ati s ro gmoMOHaTE�rv�T 0 ,v q"°`°'� ` -E-ON '°� '- eE"T'a6"uuH�oaHo CEEB vas( wore€n:� „ NIHED vgxEwE sorvx (E ) oog� a ) e(HTi:YoiE°" w a ox c off"(TY°`)" E m qP o „ oreM-H� so F REE � f aE) s CURB/NLET THROATE.iTENS/ONPLAN "F 10 re"'°" n„w"LET - X E P� OC w mg (E E a � 57 rvs�ry Po s�u< wHEx R cvum ro s H: 0 ov NOT To�q� MgTEre�gEi' eE 0 R�I�EANOREPETI.CE��re re = Ews 1 f of a,�X 0s o REFER TO of aEC ETo�rexrorereEER�n w� �v OFEX/ST/NG CURB/NLETOT��g� g reTo o. o sgcxT EE ro TOP PROP P/PETOEX/ST/NG a o 1� oC o x) aT To-LE � d maTTr�sre. ETA/L RC.BOXCONRECT/ONOETA/L X< :-qT CURI wT`wre xET - rvoT To>�� 1ER �AT.� Xn Le_ of sAND A"Ly orvo rv0 ENT +10�00 vo 1CRE E �= w _��HcmT�roreM OR-ER-ELL. e, DRILL AND�*TXE so,cuwmT _ X<mw. �ry 4 o oRArec vreov re HO Tov OF so,)" III d � sTwRo-vv �.� �II ox vEw��su-f —F ea o 1,0C ,o mMgry �-,J. (sEE"qre Es sEE varvs) ' -° 're SECTION X3 s a,. o SECT/ONAA if1ANHOLER/SEROETA/L ro E,",�rvv PIPE ore S7re�TreRNI OR T"-�" rvoT To sew rvoT To sew EX/ST/RGRC.P/PEPLOG COMM ETE COL LAR WTAIL v ljVPAVEOAREAS PAVEOAREAS UNPAVEVAREAS L PAVEOAREAS Pore 1- reE<E vgxEwEM E NED ��°vEre va„c reE<E vgxEMmT GENERAL NOTESFORBACA�/LL rovRo�m sE vrear�xEx rovHgET OR PONI rovRo�m sE HAFT ore PONc IUAE ore sE<HEre TH,ry '� rougE ore sE<TE'a�Tw� ExOT.(a MAN.D-H) A-T(a Mery D-H) T TAe�E i Tna(E a 0 — BEornwc ANo i HArxErvi =wAi HAruEui (BELOW PIPE To is AeovE PIPE) (GREATER THAN is A-E PIPE) -- -_ UNPAVEUAREAS PAVEUAREAS Q lTl lA 5` errs. - 5 uc recoccco er creusnwrc or xaTurzai nc"E w creavu.scwEre urEs. z o E>r sn(uru osz)sroM>aoe*oa reocrav oervs R sro mas All A ereirEnu aerc.usE vm rnE roeeowwe. a"o snaee ,7 F o o ry(wsrMoeee7 z 4 z E�ILEIT e>cunu MgTmwE 2 rR i r TOR I IA O © =o maw E c %N coM`g D " E.cc a ROnsT•a aa°v"a Pon oms vino .a z s�iaesi[ v onaa owsn EHOITOT [M A casvao AlLTED // j�Y� _ a"o no.Pre IAre(osssJ.ss. ATE"A Q a o(n 'ATE �i zC.rE I ( rvT(rvrt qE sncuEiEE) zOuax. To z zf.or ovnr-wn. STaetuzco RE .w"o scr raetHENcreoao�easE T A= o EE T To e(uTM o sa)revq osss)sEc TAILS 2 M A ore oEn¢-ED TO N sTq o wvweo smvE o wu�%AAHL ucrmry s'naoano.N__ ewmw or reoao 9asc -ENT(rvrt qE sncuEu) m(psTM"ossa) vaocrore omsEtts(psTM"ossa) -s o sq nc area maRsx as�',wEzarE rmw i>E/n az znacE z.z, (..E-TING AND-CH reEaulreEUEN IALL xrsT mE rottorn"z V (e sgaa TCEM_Y,Y"o quo) tY vR.Tore omsars(As D Dees) lm no.N a eE i mmvgciEnTo a.carwcTE m. AITED TO n sa"o an ucM s7aeiuzro o a+2 b o o+2 0 "��A_,uNIa vvc swauvt ma"Ts.usE a 2vE E.PBSSN`4/. UP E fCONCREfE P LYl 1N I vive tore zvEaTEre rna"T1.trsx e wswuuw eEcow o"apCHJ cTn eE vu¢o o NOT ED naT ro ExgEE �°`"EaE ATE a°RTC°`""v`E w`Tx sEEE`T rvoT To E 4 R sarxs rE ;°P o g S coao oreawrNc n-o68 rGx vT�"re TRENCN6ACKF/LL o TRENCNBACKF/LL FOR STOR6fff4TERP/PES FOR STORAf ffWTERRC.BOXCUL I1ERTS aE a CACTre'ro r+`ire n -IRE c d CONSULEET SHET NA W4MR VISrRISIMOW SrSrMA149--AiI NOTES SZPARAMWOF WAMRA)KO WASrhMAMR "IvEs MAIPAMERAR"S PAMERARAFAS R M. "'AGG, G, A', AN. 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I-11 relwRaPPm aIIIIHHILIIIE � re ren�HE�h, - PAINT o FN Mw, E,ma MET"roUP�NN�n .H ME . ,�L�EwPaL .EHE, RE11 PAINTa ! oQ q - o �zw ro 11ENEroP� , IIEM M�ER� ,reEre w MYTENTINUE Hare,Eaa,� COPPERER�E re z o�Pa�Ep; ,a� � Q a ,a ,i .orea�.F;n �o PE,EoaEre SER4/CE{Y/TNSIMMALA"MOP TO CORB r,Eov-ire a„<sP,Mroa. �N,IN a —P I I.C-I�P I_r o Ere of„o=E NM` a SHEET 68 rer 68 rren Ha INT �EHH�amH ,- weo oenw,mc ma BOLLAROOETA/L OF SO—TO oEwaMIEI Rw�reE Pw�o ecMno TYPICAL CONNECT/ONOETA/L HI**I H�LE CITY rg EXHIBIT 4 Exhibit 4 ENGINEER'S ESTIMATE OF REIMBURSABLE COSTS FOR PUBLIC WATER IMPROVEMENTS KASPIAN SUBDIVISION UNIT 1, CORPUS CHRISTI, TX Water Arterial Grid Main Construction Item Quantity Unit Unit Cost Item Cost 1 16" PVC water line 3,990.00 L.F. $ 190 $ 758,100 2 16" Bevelled gear valve & valve box 9.00 Ea. $ 20,500 $ 184,500 3 16" x 16" x 16" M.J. tee 5.00 L.F. $ 1,800 $ 9,000 4 16" x 16" Tapping sadple, valve, & valve box 1.00 Ea. $ 22,000 $ 22,000 5 16" in line M.J. joint r(;!straints 10.00 Ea. $ 500 $ 57000 6 16" x 12" M.J. reducer 1.00 Ea. $ 1,200 $ 17200 7 16" x 8" M.J. reducer 1.00 Ea. $ 800 $ 800 8 16" x 6" M.J. reducer 3 Ea. $ 800 $ 27400 9 16" M.J. cap 1.00 Ea. $ 800 $ 800 10 12" M.J. valve 1.00 Ea. $ 2,400 $ 27400 11 811 M.J. valve 1.00 Ea. $ 17200 $ 17200 12 6" M.J. valve 3.00 Ea. $ 17000 $ 37000 13 Fire hydrant assembly 3.00 Ea. $ 67500 $ 197500 14 Trench protection 37990.00 L.F. $ 3 $ 117970 15 Stormwater Pollution Prevention 1.00 LS. $ 7,500 $ 77500 Sti Sub-Total Construction Costs $ 170297370 Engineering 8% $ 827350 tip{FN: 4ys%o�A�:�> Construction Staking Supervision @ 2% $ 207587 � loa3 TOTAL $ 1,132,307 Contigency 10% $ 1137231 Total Construction Cost $ 172457538 EXHIBIT 5 • DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MST, LLC STREET: 5626 Ocean Drive CITY: Corpus Christi ZIP: 78412 FIRM is: ❑Corporation ❑ Partnership ❑Sole Owner ❑Association ■❑Other LLC DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) n/a 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title n/a 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant n/a CERTIFICATE (To Be Notarized) I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: HOSseip, MOstaghasi Title: Senior Trust Officer (Print) Signature of Certifying Person: Date: 1 2/6/2023 Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 Water Arterial Transmission & Grid Main Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1 ,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement (District 5). City Council August 13, 2024 Location • F ,y, _ APPROXIMATE LIMITS � OF KASPIAN ,�' SUBDIVISION in C.R.Y2:•__ _�� - _:_ . LOCATION MAP FOR REIMBURSABLE WATER AND WASTEWATER IMPROVEMENTS A GOOgI2E8rth KASPIAN SUBDIVISION �-�� o aa�o If Total Reimbursement Estimate Water Arterial Grid Main Construction Item quantity Unit Unit Cost Item Cost 1 16'PVC water line 3,990.00 L.F. $190 $ 758,100 2 16"Bevelled gear valve&valve box 9.00 Ea. $20,500 $ 184,500 3 16"x 16"x 16"M.J.tee 5.00 L.F. $1,800 $ 9,000 4 16"x 16"Tapping sadple,valve,&valve box 1.00 Ea. $22,000 $ 22,000 5 16"in line M.J.joint r(;!straints 10.00 Ea. $500 $ 5,000 6 16"x12"MA reducer 1.00 Ea. $1,200 $ 1,200 7 16"x8"M.J.reducer 1.00 Ea. $800 $ 800 8 16"x 6"M.J.reducer 3 Ea. $800 $ 2,400 9 16"M.J.cap 1.00 Ea. $800 $ 800 10 12"M.l.valve 1.00 Ea. $2,400 $ 2,400 11 811 M.J.valve 1.00 Ea. $1,200 $ 1,200 12 6"M.J.valve 3.00 Ea. $1,000 $ 3,000 13 Fire hydrant assembly 3.00 Ea. $6,500 $ 19,500 14 Trench protection 3,990.00 L.F. $3 $ 11,970 15 Stormwater Pollution Prevention 1.00 ITS. $7,500 $ 7,500 Sub-Total Construction Costs $ 1,029,370 Engineering @ 8% $ 82,350 Construction Staking Supervision @ 2% $ 20,587 TOTAL$ 1,132,307 Contigency 10%$ 113,231 Total Construction$ 1,245,538 Cost 3 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. s F.M. 43 WEBER ROAD) 1 4 ;f, Eyhp�br/01 16. xr� APPROXIMATE LIMITS e��caa �rosp� t — ' OF KASPIAN a SUBDIVISION ; M G^ a .o � i � � ;�\ �,• ,�-.-: '+��`�a e ., �,� `°?slap , VLo ake+ di C.R. 22 - R6 lk...` pr O � K'e41r�� LOCATION MAP FOR REIMBURSABLE WATER ` A-ND WASTEWATER IMPROVEMENTS ;^; Google Earth KASPIAN SUBDIVISION ©2021 Google 4000 ft Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) se 0 0 N v oRPoap,Yo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 20, 2024 DATE: August 20, 2024 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-1956 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Welding and Fabrication Services for Solid Waste CAPTION: Motion authorizing execution of a one-year service agreement, with two one-year options, with Horacio Carrillo III, dba Carrillo's Welding Services "CWS", of Corpus Christi, in an amount not to exceed $104,100.00, with a potential amount up to $312,300.00 if options are exercised, for welding and fabrication services for Solid Waste Services, with FY 2024 funding of $8,675.00 from the General Fund. SUMMARY: This is a motion to approve a service agreement with Carillo's Welding Services for as-needed welding services for Solid Waste Services. BACKGROUND AND FINDINGS: Solid Waste Services has the need for licensed welding services on an intermittent basis that are not typically supplied by Asset Management. Service needs include the repair of steel roll-off boxes, infrastructure at both JC Elliott Transfer Station and Cefe Valenzuela Landfill, and aluminum transfer trailers. Having a service agreement with a licensed welder allows for efficient repair and maintenance of Solid Waste Equipment and Buildings. This keeps production available and ensures compliance with state permit requirements. The agreement includes labor and materials. PROCUREMENT DETAIL: Finance & Procurement conducted a first-time competitive Request for Bid process to obtain bids for a long-term contract from qualified firms with experience in providing welding and fabrication services. 557 notifications were sent to potential bidders, and the City received three bids. Staff is recommending award to the lowest responsive, responsible bidder, Horacio Carrillo, dba Carrillo's Welding Services "CWS". The recommended Contractor has previously fulfilled multiple smaller contracts and staff is confident that the company will continue to provide satisfactory services and is recommending Carrillo's Welding Services for award. The table below reflects the cost comparison from 2023 to 2024. Welding and Fabrication Services 2024 2023 Pricing Price Variance % Price Pricing Carrillo's Welding 2023 to 2024 Increase Carrillo's Welding Services Services $48 $58 $10 Hourly Labor Fee Hourly Labor Fee Hourly Labor Fee 20.83 % ALTERNATIVES: Not to make repairs needed and experience lost production and deterioration of equipment and infrastructure. Solid Waste could hire a welder and establish purchase agreements for materials with suppliers, but this is not cost effective. FISCAL IMPACT: This fiscal impact for FY 2024 is a total amount of $8,675.00 in the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12504 JC Elliott Transfer Station Department: 31 Solid Waste Services Project # (CIP Only): Account: 530000 Professional services $2,320.00 530230 Equipment maintenance $1 ,150.00 Fund: 1020 General Fund Organization/Activity: 12513 Sludge Hauling Department: 31 Solid Waste Services Project # (CIP Only): Account: 530000 Professional services $3,480.00 530230 Equipment maintenance $1 ,725.00 RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a one-year service agreement, with two one-year options, with Horacio Carrillo III, dba Carrillo's Welding Services "CWS" of Corpus Christi, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tab e4°S City of Corpus Christi k° Finance/Procurement RFB 5872 Welding and Fabrication Services Buyer:Sandra Rodriguez Bid Open Date:July 9,2024 Horacio Carrillo III,dba Carrillo's L&M Mobile Welding,LLC MaMahan Services,LTd Welding Services'CWS" Corpus Christi,TX Corpus Christi,TX Cuero,Tx ITEM DESCRIPTION 1-Year UNIT OF UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE QTY MEASURE 1 Hourly Labor Rate 11200 HR $58.00 $69,600.00 $60.00 $72,000.00 $105.00 $126,000.00 As per scope of work Yearly Allowance+ Yearly Allowance+ Yearly Allowance+ Yearly Allowance Mark-Up% Mark-U % Mark-Up V. Mark-U % Mark-Up% Mark-Up 2 Parts/Materials $30,000.00 15% $34,500.00 10% $33,000.00 197. $35,700.00 Grand Total $104,100.00 $105,000.00 $161,700.00 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC ,bus C. 00 � 0 > SERVICE AGREEMENT NO. 5872 U Welding and Fabrication Services for Solid Waste Services NO RPON Af 1852 THIS Welding and Fabrication Services for Solid Waste Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Horacio Carrillo III, dba Carrillo's Welding Services 'CWS" ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Welding and Fabrication Services for Solid Waste in response to Request for Bid/Proposal No. 5872 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Welding ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is 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 $104,100.00, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Gabriel Maldoando Department: Solid Waste Phone: 361-826-1986 Email: gabrielm3@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabriel Maldonado Title: Contracts /Funds Administrator Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: 361-826-1986 Fax: 361-826-1971 IF TO CONTRACTOR: Horacio Carrillo III, dba Carrillo's Welding Services 'CWS" Attn: Horacio Carrillo III Title: Owner/ Operator Address: 117 Vermont St., Corpus Christi, TX 78409 Phone: 361-806-4352 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC Fax: 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC CONTRACTOR DocuSigned by: Signature: 'ASA,R �F�� Horacio Carrillo III Printed Name: Title: Owner and operator Date: 7/22/2024 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 5872 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC ATTACHMENT A : SCOPE OF WORK 1. General Reg uirements/Background Information The City of Corpus Christi is requesting welding services. The Contractor is to repair Roll-Off containers, transfer trailers, onsite steel facilities due to wear and tear. Services are to be performed onsite at 2525 Hygeia St., Corpus Christi, Texas 78415 and off-site at Contractors location. The Contractor will provide all materials and fabrication of the items. City staff will deliver containers to the contractor's place of business and collect when job is complete must be within City limits. 2. Scope of Work 1 . The Contractor shall repair structural support beams. 2. The Contractor shall repair side walls and floor on the inside and outside of the container. 3. The Contractor shall repair hinges, pins, hooks, and latches on back door. 4. The Contractor shall repair door seals. 5. The Contractor shall replace rollers, pins, and sleeves. 6. The Contractor shall fabricate new rollers. 7. The Contractor shall repair Track Roller's. 8. The Contractor shall repair the Doghouse which houses the main hook that raises container. 9. The Contractor shall repair top railing of the walls. 10. The Contractor shall touch up paint for repairs. 11 . The Contractor shall repair haul trailers as needed. 12. Any onsite welding repairs at Solid Waste Facilities will be requested by Contract Administrator. 3. Special Instructions 1 . The Contractor is expected to begin work within 24 hours after delivery by City Staff, and work shall be completed within two business days. 2. Onsite services shall be perfomed at Solid Waste Services at 2525 Hygeia St., Corpus Christi, TX 78415 between the hours of 8am-5pm Monday through Saturday. 3. The Contractor will notify Landfill City Supertinadant in order to proceed with any project that exceeds $1,000. 4. Materials used for the job will have to be itemized on the invoice. Materials would include steel pipe, steel bars, angle iron, channel iron, steel plate, steel washers, steel bolts, ratchet boom straps, d rings, etc. Page 1 of 1 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC ATTACHMENT B: QUOTE AND PRICING SCHEDULE a,Q,gus ct,� o� �� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM 1852 RFB No. 5872 Welding and Fabrication Services for Solid Waste Operations Date: PAGE 1 OF 1 .moo Authorized Bidder: �&r12. )[ s04ZG&� r 0 i?-e� Signature: -) _ 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description i -Year UNIT OF Unit Total Price QTY MEASURE Price 1 Hourly Labor Rate (As per scope of work) 1,200 HR I�"$. �� �• ��� �bw2• Yearly Allowance Yearly Allowance Mark- + Mark-Up Up 2 Parts/ Materials GRAND TOTAL , Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 GARAGE KEEPERS PHYSICAL DAMAGE $350,000 COVERAGE including: Actual Cash Value of Vehicles While in Physical Damage on a Direct Primary Basis Care, Custody or Control C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 5872, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Page 3 of 3 Docusign Envelope ID:83AEA732-66A4-4D2F-B5D4-24BF74E98CCC ATTACHMENT D: WARRANTY REQUIREMENTS WARRANTY Labor/Workmanship 1 - Year Materials 1 - Year Page 1 of 1 se o� H v AGENDA MEMORANDUM NOORPOR 11 1852 Action Item for the City Council Meeting of August 20, 2024 DATE: August 06, 2024 TO: Peter Zanoni, City Manager FROM: Sergio Villasana, Director of Finance and Procurement serg iov2(a)cctexas.com (361) 826-3227 Josh Chronley, Assistant Director of Contracts & Procurement Joshc2(a-)-cctexas.com 361-826-3169 Professional Auditing Services CAPTION: Motion authorizing execution of a three-year service agreement, with two one-year options with Weaver and Tidwell, LLP, of Houston in an amount not to exceed $794,200.00, with a potential amount up to $1,364,513.00, if option years are exercised for professional auditing services. SUMMARY: This motion approves a contract with Weaver and Tidwell, LLP for auditing services for three years with two one-year options to extend for up to five years. BACKGROUND AND FINDINGS: The City of Corpus Christi Charter requires an independent annual audit, and the current contract for auditing the City's Annual Comprehensive Financial Report(ACFR)will expire in August 2024. This agreement with Weaver and Tidwell, LLP will include auditing the ACFR, TCEQ Financial Assurances, Single Audit compliance, Passenger Facility Charge, providing non-attest services and continuing education training. PROCUREMENT DETAIL A Request for Proposal was issued for a new professional auditing services agreement. The City received seven proposals which were evaluated by the City's evaluation committee. The evaluation committee was comprised of five members from the Finance and Budget Office. The Request for Proposal committee evaluated all aspects of the company's current capabilities, which accounted for 100 possible points, 40 for technical qualifications, 30 possible for interview, 20 possible for pricing, and 10 possible points for local preference. Final scores were tabulated for each firm to determine the highest- ranking firm offering the best value to the City for professional auditing services. The City recommends the award to Weaver and Tidwell, LLP who is the City's current independent auditor. Based on the RFP Weaver and Tidwell, LLP submitted the most competitive proposal and received the highest overall score of 86 out of 100 points. For the prior contract that was awarded to Weaver and Tidwell, LLP in 2019, the city paid approximately $608,000.00 for a three-year agreement for a total of $1,043,700.00 including the two option years. Item Weaver and Weaver and Variance in Variance in Tidwell, LLP Tidwell, LLP Dollars Percent 2019 2024 Professional $608,000.00 $794,200.00 $186,200.00 31% Auditing Services The recommended award was presented to the Audit Committee on 08/06/2024. ALTERNATIVES: Should City Council may choose not to authorize the agreement with Weaver and Tidwell, LLP, the City will need to reissue the Request for Proposal for professional auditing services agreement. This will cause a delay in completion of the Annual Comprehensive Financial Report (ACFR) and Single Audit conducted on an annual basis. FISCAL IMPACT: The ordinance authorizes the execution of an agreement with Weaver and Tidwell, LLP, for a three-year period, with two one-year renewal options for an amount not to exceed $794,200.00, with a potential amount up to $1,364,513.00 from the General Fund. Funding Detail: Fund: 1020 General Fund Organization: 10751 Accounting Operations Department: 059 (Finance and Procurement) Account: 530000 RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement City of Corpus Christi RFP No.5854 Professional Auditing Services-Pricing August 20,2024 Carr Riggs Macias Gini RSM US Whitley Description of services Ahip Ingram Crowe LLP O Connell LLP Weaver Penn Audit Planning and Risk Assessment-Year One $ 16,000 $ 20,000 $ 30,230 $ 27,530 $ 32,000 $ 17,430 $ 20,480 Audit Interim Fieldwork-Year One 26,400 30,000 50,384 41,300 60,000 27,720 57,750 Audit Year-end Fieldwork-Year One 121,500 118,000 80,614 147,210 149,600 127,575 96,250 Review of Single Audit and ACFR-Year One 46,800 48,000 40,307 32,610 12,000 49,140 37,520 Passenger Facility Audit-YearOne 4,100 4,500 3,993 5,280 7,400 4,305 8,000 TCEQ Financial Assurances-Year One 2,600 3,500 2,528 3,055 4,000 2,730 4,000 Continuing Education Training for City Staff CPAs-Year One - - 6,000 3,000 - 3,000 - Audit Planning and Risk Assessment-Year Two 17,500 21,000 33,271 28,495 33,500 18,000 21,500 Audit Interim Fieldwork-Year Two 27,700 32,000 55,452 42,745 63,500 28,600 60,640 Audit Year-end Fieldwork-Year Two 127,600 120,000 88,723 152,360 153,550 131,400 101,060 Review of Single Audit and ACFR-Year Two 49,100 49,500 44,362 33,750 12,500 50,600 39,400 Passenger Facility Audit-Year Two 4,300 4,650 4,140 5,465 7,750 4,400 8,400 TCEQ Financial Assurances-Year Two 2,750 3,650 2,602 3,160 4,200 2,800 4,200 Continuing Education Training for City Staff CPAs-Year Two - - 6,000 3,105 - 3,100 - Audit Planning and Risk Assessment-Year Three 18,400 22,500 34,894 29,490 35,100 18,500 22,580 Audit Interim Fieldwork-Year Three 29,100 33,500 58,157 44,240 66,500 29,500 63,670 Audit Year-end Fieldwork-Year Three 133,900 122,000 93,051 157,695 160,700 135,300 106,110 Review of Single Audit and ACFR-Year Three 51,600 51,000 46,525 34,930 13,200 52,100 41,370 Passenger Facility Audit-Year Three 4,500 4,800 4,347 5,655 8,100 4,500 8,820 TCEQ Financial Assurances-Year Three 2,900 3,800 2,732 3,270 4,400 2,900 4,410 Continuing Education Training for City Staff CPAs-Year Three - - 6,000 3,215 - 3,200 - Pricing Subtotal $ 686,750 $ 692,400 $ 694,312 $ 807,560 $ 828,000 $ 716,800 $ 706,160 Non-attest Services-Year One(optional) 56,000 - - 10,000 - 25,000 20,000 Non-attest Services-Year Two(optional) 58,800 10,350 25,800 21,000 Non-attest Services-Year Three(optional) 61,700 - - 10,710 - 26,600 22,050 Pricing Grand total $ 863,250 $ 692,400 $ 694,312 $ 838,620 $ 828,000 $ 794,200 $ 769,210 Page 1 of 1 RFP No.5854 Professional Auditing Services Summary Evaluation Matrix Sr.Buyer-Cynthia Perez Proposal Evaluation Score Abip Can Riggs Ingram Crowe LLP Macias Gini O RSM US LLP Weaver Whitley Penn Connell Minimum Qualifications Three Certified Public Accountants(CPA)employed by the firm Pass/Fail Pass Pass Pass Pass Pass Pass Pass to handle the audit Affiliation with nationwide association of CPA firm Pass/Fail Pass Pass Pass Pass Pass Pass Pass Three current municipal/local government audit clients;two of which are comparable to the City of Corpus Christi in size, Pass/Fail Pass Pass Pass Pass Pass Pass Pass complexity,and some number of types of funds At least one former client in the past five years that has applied for and received the GFOA Certificate of Achievement for Excellence in Financial Reporting that has a General Fund Pass/Fail Pass Pass Pass Pass Pass Pass Fail budget of at least$500 million and Enterprise Funds with revenues of at least$150 million One current or former client with grant expenditures of at least $20 million on the Schedule of Federal/State Expenditures Pass/Fail Pass Pass Pass Pass Pass Pass Pass during which they were Proposer's client Required five years in business Pass/Fail Pass Pass Pass Pass Pass Pass Pass No outstanding lawsuits during the last five years or current Pass/Fail Pass Pass Pass Pass Pass Pass Pass litigation with the City during last five years No outstanding regulatory issues in the last five years Pass/Fail Pass Pass Pass Pass Pass Pass Pass References provided for firm Pass/Fail Pass Pass Pass Pass Pass Pass Pass Subtotal Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Fail Local Preference Points 10 0.0 0.0 0.0 0.0 0.0 0.0 N/A Subtotal Local Preference 10 0 2 0 0 0 0 N/A Technical Proposals Firms'Experience 13 9.5 9.1 8.5 10.2 8.5 12.6 N/A Teams'Experience 13 10.1 9.8 9.4 9.4 9.1 12.4 N/A Understanding of Project Scope 14 11.2 10.2 10.5 10.9 10.9 13.3 N/A Subtotal Technical Proposal 40 30.8 29.0 28.4 30.5 28.4 38.2 N/A Competitive Range Subtotal 50 30.8 29.0 28.4 30.5 28.4 38.2 N/A Interview Firms'Experience 10 6.5 0.0 0.0 9.0 0.0 9.5 N/A Team Identification 10 5.5 0.0 0.0 8.5 0.0 9.5 N/A Understanding of Project Scope 10 6.0 0.0 0.0 7.6 0.0 9.3 N/A Subtotal Interview 30 18.0 0.0 0.0 25.1 0.0 28.3 Pricing Points 20 20.0 19.8 19.8 17.0 16.6 19.2 N/A Subtotal Pricing 20 20.0 19.8 1'9.$: 17.0 16.6 19.2 Total 100 68.8 48.8 72.6 45.0 85.7 N/A Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-13AA77137041367 S G� PROFESSIONAL SERVICE AGREEMENT NO. 5854 Professional Auditing Services N�ONA00. E� 1852 THIS Professional Auditing Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and Weaver and Tidwell, LLP ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide professional auditing services for fiscal years 2024, 2025, and 2026. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide professional auditing services for fiscal years 2024, 2025, and 2026 ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 2. Term. The term of this Agreement is three years. The parties may mutually agree to renew this Agreement for up to two additional one-year periods ("Option Periods)"), provided, the parties negotiate an agreed-upon amount and do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $794,200.00, subject to executed amendments and the exercise of one or more Option Periods. Payment will be made for Services and work completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Invoices must be mailed to the following address, with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P. O. Box 9277 Corpus Christi, TX 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and activities under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Judy Sandroussi, Controller Finance & Procurement Department 361-826-3669 JudyS@cctexas.com Professional Services Agreement-Professional Auditing Services Page 1 of 5 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-13AA77137041367 5. Insurance; License. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) Prior to beginning work, Contractor must provide evidence of any valid professional license(s) necessary for the performance of the Services and work under this Agreement. 6. Standard of Care. Contractor warrants that all Services shall be performed in accordance with the standard of care used by similarly situated Contractors performing similar services under the same type of professional license. 7. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 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. 8. Independent Contractor. (A) In performing this Agreement, both the City and Contractor shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Contractor shall perform all professional services as an independent contractor and shall furnish such Services in his own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. (B) As an independent contractor, no workers' compensation insurance shall be obtained by the City covering the Contractor and employees of the Contractor. The Contractor shall comply with any and all workers' compensation laws pertaining to the Contractor and employees of the Contractor. 9. Subcontractors. The Contractor may use subcontractors in connection with the Services and work performed under this Agreement. When using subcontractors, however, the Contractor must obtain the prior written approval from the Contract Administrator unless the subcontractors were named in the proposal or in an attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all of their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all Professional Services Agreement-Professional Auditing Services Page 2 of 5 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services and work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 10. Amendments. This Agreement may be amended or modified only in writing executed by an authorized representative of each party. 11. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 12. Taxes. The Contractor covenants to pay all income and payroll taxes including, but not limited to, Medicare taxes, FICA taxes, and unemployment taxes, and all other applicable taxes that may be imposed by any governmental authority as a result of the Services provided pursuant to this Agreement. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 13. 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: Judy Sandroussi, Controller Finance & Procurement Department 1201 Leopard St. Corpus Christi, TX 78401 IF TO CONTRACTOR: Weaver and Tidwell, LLP Attn: Laura Lambert, Partner 4400 Post Oak Parkway, Suite 1 100 Houston, TX 77027 14. Contractor shall fully indemnify, hold harmless and defend the City of Corpus Christi and its officers, employees and agents ("Indemnitees') from and against any and all liability, loss, claims, demands, suits, and causes of action of whatever nature, character, or description on account of personal injuries, property loss, or damage, or any other kind of injury, loss, or damage, including all expenses of litigation, court costs, attorneys' fees and expert witness fees, which arise or are claimed to arise out of or in connection with a breach of this Agreement or the performance of this Agreement by the Contractor or results from the negligent act, omission, or misconduct of the Contractor or its employees or agents. Contractor must, at its own expense, investigate all claims and demands, attend to their Professional Services Agreement-Professional Auditing Services Page 3 of 5 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 settlement or other disposition, defend all actions based thereon with counsel satisfactory to the City Attorney, and pay all reasonable 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. 15. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the Services and work specified in this Agreement or to keep any required insurance policies in force during any term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days' advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours' advance written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 16. 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. 17. 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. 18. 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 all attachments and exhibits); B. its attachments; then, C. its exhibits, if any. 19. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement, if required to do so by law. Professional Services Agreement-Professional Auditing Services Page 4 of 5 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 20. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and the forum for such disputes is the appropriate district or county court in Nueces County, Texas. 21. 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 CONTRACTrt'a:: gned by: Signature: (AA,�Cyf Laura M. Lambert Printed Name: Title: Partner Date: 8/2/2024 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Finance- Procurement Date: Approved as to form: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Fee Schedule Attachment C: Insurance Requirements Professional Services Agreement-Professional Auditing Services Page 5 of 5 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-13AA77137041367 Attachment A: Scope of Work 1. Background and Description of the City A. General 1 . The City's fiscal year begins on October 1 and ends on September 30. 2. The City operates under a Council-Manager form of government and provides such services as are authorized by its charter to advance the welfare, health, morale, comfort, safety, and convenience of the City and its inhabitants. 3. The City provides the following services to its citizens: a. Public Safety (police and fire protection, building inspection, street lighting and traffic signals, and civil defense) b. Public Services (water, wastewater collection and disposal, gas, garbage collection and disposal, maintenance of streets, and storm water drainage) c. Community Enrichment (libraries, parks, recreational facilities, marina, municipal beaches, golf courses, swimming pools, tennis courts, baseball and softball diamonds, and senior citizen centers) d. Airport e. Preventative Health Facilities f. Convention Center and Arena 4. The City had a total payroll of $223,971 ,685 in Fiscal Year 2023, covering 3,505 employees. 5. The City is organized into 31 departments and agencies. See Attachment A for an organizational chart. The accounting and financial reporting functions of the City are centralized. 6. More detailed information on the government and its finances, including the City's Annual Comprehensive Financial Reports (ACFR), can be found at the City's website located at http://www.cctexas.com/financial-transparency, as well as the Official Statements available on Municipal Securities Rulemaking Board (www.msrb.ora). Page 1 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-13AA77137041367 7. Prior years audit reports can be viewed at the following link, under section titled "Annual Comprehensive Financial Reports": httl2://www.cctexas.com/financial-transparency. B. Fund Structure The City uses the following fund types and account groups in its financial reporting: Fund Type/Account Group Number of Number with Legally Individual Funds Adopted Annual Budgets General Fund 1 1 Special Revenue Funds 27 26 Debt Service Funds 3 3 Capital Projects Funds 14 0 Enterprise Funds 7 7 Internal Service Funds 6 6 Fiduciary Funds 2 0 Blended Component Units 8 4 C. Budgetary Basis of Accounting Annual budgets are legally adopted on a basis consistent with generally accepted accounting principles for all governmental funds except the Federal/State Grant Fund, capital project funds, infrastructure fund, the Corpus Christi Community Improvement Corporation Fund (CCCIC), the Corpus Christi Housing Finance Corporation Fund (CCIDC), the Corpus Christi Industrial Development Corporation Fund (CCIDC), and the Corpus Christi Health Facilities Development Corporation (CCHFDC). The Federal/State Grant Funds and the capital projects funds adopt project-length budgets. Budgets were not adopted for the CCCIC, CCHFC, CCIDC, and the CCHFDC. D. Federal and State Awards During the fiscal year to be audited, the City received or will receive Federal and State awards. E. Pension Plans The City participates in funding two retirement plans: (1) all City employees, except firefighters, are provided benefits through a non-institutional, joint contributory, defined benefit plan in the state-wide Texas Municipal Retirement System (TMRS), an agent multiple-employer public employee retirement system; and (2) all firefighters are covered by the Fire Fighters Retirement System of Corpus Christi, a single-employer defined benefit pension plan. Page 2 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-13AA77137041367 F. Component Units Management of the City has addressed all potential component units for which the City may be financially accountable and, as such, have been included within the City's financial statements. The City (the primary government) is financially accountable if it appoints a voting majority of the organization's governing board and (1) it is able to impose its will on the organization, or (2) there is a potential for the organization to provide specific financial benefits to or burdens on the City. In doing so, management has considered other organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the City's financial statements to be misleading or incomplete. G. Blended Component Units 1 . The following entities have been identified as blended component units due to the closeness of their relationship with the City: Corpus Christi Community Improvement Corporation , Corpus Christi Housing Finance Corporation, Corpus Christi Industrial Development Corporation, Coastal Bend Health Facilities Development Corporation, Corpus Christi Crime Control and Prevention District, Corpus Christi Business and Job Development Corporation, Corpus Christi B Corporation, and the North Padre Island Development Corporation. 2. The blended component units are included in the government fund statements as non-major government funds. H. Related Organizations and Jointly Governed Organizations 1 . Related organizations and jointly governed organizations provide services within the City that are administered by separate boards or commissions, but the City is not financially accountable, and such organizations are therefore not component units of the City, even though the City Council may appoint a voting majority of an organization's board members. Consequently, financial information for the Coastal Bend Council of Governments, the Regional Transit Authority, the Corpus Christi Housing Authority, and the Corpus Christi Regional Economic Development Corporation are not included in the City's financial statements. 2. The City of Corpus Christi does not participate in joint ventures with other governments. I. Magnitude of Financial Operations The Financial Services Department's principal functions performed and the number of employees assigned to each are as follows: Page 3 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77137041367 Function Number of Employees Finance Administration 6 Accounting 33 Treasury 12 Purchasing/Inventory Purchasing/Inventory 30 Total 81 J. Computer Systems SOFTWARE Make Major Applications INFOR Financials General Ledger, Accounts Payable, Accounts Receivable, Asset Management, Purchasing, Travel and Expense, Budget Checking and Encumbrances LeaseQuery GASB 87 Leases and GASB 94 SBITA O enGov Budget INFOR HR & Payroll Human Resources, Benefits Administration, e- Recruit, & Payroll S m ro Debt Service & Investments INFOR IPS Utility Systems • Customer Billing • Work Orders INFOR CDR Community Development • Building Permits • Business Licenses • Code Enforcement • Health Permits RCS Cash Receipts DATABASES Type Uses Hosted Managed Services INFOR K. Working Papers 1 . All working papers and reports must be retained, at the Contractor's expense, for a minimum of three years, unless the firm is notified in writing by the City of the need to extend the retention period. The Contractor will be required to make working papers available, upon request, to the following parties or their Page 4 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-13AA77137041367 designees: a. United States Department of Housing and Urban Development, b. U.S. General Accounting Office (GAO), c. Parties designated by the federal or state governments or by the City as part of an audit quality review process, and d. Auditors of entities of which the City is sub-recipient of grant funds. 2. In addition, the Contractor shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. L. The Schedule of Expenditures of Federal Awards and related auditor's report, as well as the reports on compliance and internal controls, are to be issued along with the ACFR. The City issues the Schedule of Expenditures of Federal Awards separately. The year Annual Comprehensive Financial Report (ACFR) is located online at: httl2://www.cctexas.com/financial-transparency. 2. Scope of Work A. The Contractor shall audit financial statements for the fiscal years ending September 30, 2024, 2025, and 2026. These audits are to be performed in accordance with auditing standards generally accepted in the United States of America (GAAS), the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and Texas Grant Management Standards (TxGMS), as applicable. B. The Contractor shall express an opinion on the fair presentation of its basic financial statements and the fair representation of the financial statements of individual funds and component units in conformity with auditing standards generally accepted in the United States of America as included in Statements on Auditing Standards, published by the American Institute of Certified Public Accountants and Government Auditing Standards issued by the Comptroller General of the United States. The Contractor is required to perform tests of compliance and internal control based on the audit of the basic financial statements and is also required to audit the compliance of the City with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Uniform Guidance for Federal Awards and Circular A-133 Compliance Supplement and/or the State of Texas Single Audit Circular that are Page 5 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 applicable to each of its major federal and/or state programs. The Contractor is not required to audit the statistical section of the report. C. The Contractor must issue an independent auditor's report on compliance and internal controls based on an audit of the basic financial statements performed in accordance with Government Auditing Standards, as well as an independent auditor's report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A-133 and State of Texas Single Audit Circular. D. The Contractor must complete the audit no later than six months after the City's fiscal year end unless an extension is mutually agreed upon by both parties. E. The Contractor will submit a list of findings and other internal control weaknesses from the City of Corpus Christi's financial statement audit. F. The Contractor will perform the Passenger Facility Charge (PFC) audit annually as required by the Federal Aviation Administration (FAA) in accordance with the compliance requirements described in the Passenger Facility Charge Audit Guide for Public Agencies (the "Guide), issued by the Federal Aviation Administration. G. The Contractor will perform a separate agreed-upon procedures engagement annually related to the City's financial assurances to the Texas Commission on Environmental Quality (TCEQ) required by the Texas Administrative Code Title 30, Part 1 , Chapter 37. H. The Contractor will provide eight hours of continuing education for City Staff's Certified Public Accountant continuing education hours annually. Continuing education topics will include but are not limited to: new or changing accounting rules and regulations for the yearly audits, addressing issues that arose during prior audits, training for grant program managers, or any other training that will be beneficial to the financial health of the City of Corpus Christi. Continuing education training will take place face-to-face. Dates, times, and topics will be approved by the Contractor Administrator prior to scheduling. I. The Contractor will provide non-attest services and the City agrees to assume all management responsibilities for those services and oversee the services. This service is an optional service that may be requested by the City. This is specifically in reference to the compilation of the ACFR. Such services include preparation of financial statements and related notes and assist with entries to covert accounting records from modified accrual to full accrual (GASB 24 Page 6 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 entries). These non-audit/non-attest services do not constitute an audit under GAGAS and such services will not be conducted in accordance with GALAS. 3. Requirements Following the completion of the audit of the fiscal year's financial statements, the Contractor shall issue the following: A. A report on the fair presentation of the financial statements in conformity with the accounting principles generally accepted in the United States of America, including an opinion of the fair presentation of the supplementary schedule of expenditures of federal awards in relation to the audited financial statements. B. A report on compliance and internal control over financial reporting based on an audit of the basic financial statements. C. A report on compliance and internal control over compliance applicable to each major federal program and each major state program. D. A schedule of findings and questioned costs for each majorfederal program and each major state program. E. A letter to management addressing any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design of operation of the internal control structure,which could adversely affect the organization's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. F. The report on compliance and internal controls shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance and internal controls. G. Irregularities and Illegal Acts. The Contractor must make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Manager and Audit Committee who will report to the City Council. H. During the term of the engagement, Contractor shall assure themselves that the City Council through the Audit Committee is informed of each of the following: 1 . The auditor's responsibility under generally accepted auditing standards 2. Significant accounting policies Page 7 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 3. Management judgements and accounting estimates 4. Other information in documents containing audited financial statements 5. Disagreements with management 6. Management consultation with other accountants 7. Management consultation with other accountants 8. Major issues discussed with management 9. Difficulties encountered in performing the audit 4. Special Considerations The City will perform the following tasks: A. The City will send its ACFR to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Report Program. It is anticipated that the Contractor will be required to provide special assistance to the City to meet the requirements of that program. B. The City currently anticipates it will prepare one or more official statements per year in connection with the sale of debt securities which will contain the government-wide financial statements and the auditor's report thereon. The Contractor shall be required, if requested by the financial advisor and/or the underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters". The Contractor performs agreed upon procedures with respect to the City's computation of proforma annual debt service coverage and provides a certificate to that effect, at no additional cost. 5. Compensation and Payment The Contractor shall provide the following deliverables: A. The Contractor shall complete the audit planning and risk assessment. B. The Contractor shall complete the audit interim fieldwork. C. The Contractor shall complete the audit year-end fieldwork. D. The Contractor shall prepare the final ACFR document. E. The Contractor shall review the single audit and ACFR and issue all relevant reports and audit opinions. Page 8 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 F. The Contractor shall provide the Passenger Facility Audit and issue all relevant reports and audit opinions. F. The Contractor shall provide the TCEQ Financial Assurances and issue all relevant reports. G. The Contractor shall provide Continuing Education Training for City staff Certified Public Accountants. H. The Contractor shall provide non-attest services as follows: 1 . Prepare financial statements and related notes for the Annual Comprehensive Financial Reports (ACFR). 2. Assist with entries to convert accounting records from modified accrual for the government-wide financial statements. Page 9 of 9 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 a.�us c.� o� Attachment B: Fee Schedule H RFP No. 5854 v Professional Auditing Services "seevonat�O 1852 PAGE 1 OF 2 DATE: 06/27/2024 Weaver and Tidwell, U.P. PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Item Description Qty Unit of Price Measure 1 Audit Planning and Risk Assessment - Year One 1 Lump Sum 2 Audit Interim Fieldwork - Year One 1 Lump Sum $27,720 3 Audit Year-end Fieldwork - Year One 1 Lump Sum $127,575 4 Review of Single Audit and ACFR - Year One 1 Lump Sum $49,140 5 Passenger Facility Audit - Year One 1 Lump Sum $4,305 6 TCEQ Financial Assurances - Year One 1 Lump Sum $2,730 7 Continuing Education Training for City Staff 1 Lump Sum Certified Public Accountants - Year One $3,000 8 Non-attest Services - Year One (optional) 1 Lump Sum $25,000 9 Audit Planning and Risk Assessment - Year Two 1 Lump Sum $18,000 10 Audit Interim Fieldwork - Year Two 1 Lump Sum $28,600 11 Audit Year-end Fieldwork - Year Two 1 Lump Sum $131 ,400 12 Review of Single Audit and ACFR - Year Two 1 Lump Sum $50,600 13 Passenger Facility Audit - Year Two 1 Lump Sum $4,400 14 TCEQ Financial Assurances - Year Two 1 Lump Sum $2,800 15 Continuing Education Training for City Staff 1 LumpSum Certified Public Accountants - Year Two $3,100 16 Non-attest Services - Year Two (optional) 1 Lump Sum $25,800 Page 1 of 2 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 17 Audit Planning and Risk Assessment - Year Three 1 Lump Sum $18,500 18 Audit Interim Fieldwork - Year Three 1 Lump Sum 129,500 19 Audit Year-end Fieldwork - Year Three 1 Lump Sum 1135,300 20 Review of Single Audit and ACFR - Year Three 1 Lump Sum $52,100 21 Passenger Facility Audit - Year Three 1 Lump Sum $4,500 22 TCEQ Financial Assurances - Year Three 1 Lump Sum $2,900 23 Continuing Education Training for City Staff 1 Lump Sum Certified Public Accountants - Year Three $3,200 24 Non-attest Services - Year Three (optional) 1 Lump Sum $26,600 Total $794,200 Page 2 of 2 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77137041367 Attachment C: Insurance Requirements L CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer a copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be at or prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this contract, Contractor shall furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of at least A-with a Financial Size Category of Class VII or higher. B. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Docusign Envelope ID:451 ED4CA-CFE6-4830-8931-BAA77B704B67 C. Certificate of insurance shall specify that at least 30 calendar days advance written notice will be provided to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. D. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. G. Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. H. The insurance required is in addition to and separate from any other obligation contained in this contract. 2023 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services O1/01/2023 Risk Management—Legal Dept. Professional Auditing Services RFP External Auditor Selection August 20, 2024 Background • City Charter requires an independent annual audit. • Current contract for auditing services set to expire. • Purchasing Division conducted a competitive Request for Proposal (RFP) process Results • Top three scores • 85 points Weaver and Tidwell LLP • 72 points Macias Gini & O'Connell LLP • 68 points ABIP CPAs and Advisor • Staff recommends award contract to Weaver & Tidwell LLP Results-continued • Net budget impact is $136,200 as a result of: • Audit contract increase of $186K • Outsourcing ACFR compilation savings of $50K • Factors impacting audit cost: • City's total assets have increase by almost $1B since 2019. • Cost of accountants and CPA's have increased due to staffing shortage Questions ? se �o ©� v 'CORPO9N AGENDA MEMORANDUM 1s52 Action Item for the City Council Meeting of August 20, 2024 DATE: August 20, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, III, AIA, CBO, Director of Development Services alraymond(a)cctexas.com (361) 826-3575 Additional Services Request Infrastructure Master Planning and Impact Fee Study CAPTION: Motion authorizing amendment No. 4 to the professional services contract with Pape- Dawson Engineers, Inc of San Antonio, Texas, for additional meetings already conducted with the Capital Improvement Advisory Committee (CIAC) and City Staff, in the amount of $38,000.00 for a total amount not to exceed $3,981 ,700. SUMMARY: Additional services request (ASR) No. 4 authorizes additional meetings that have already been conducted with the Capital Improvement Advisory Committee (CIAC). These additional meetings have been requested by the CIAC board members in order to provide engineering and support service. BACKGROUND AND FINDINGS: CIAC members requested the master plans be developed with the committee individually to maintain an accurate understanding of the process and its results. Additional meetings were needed to provide engineering and support services. PROJECT TIMELINE WITH CHANGE ORDER: Additional services request No. 4 will add an additional $38,000. ALTERNATIVES: The City could choose to not contract for this work and the CIAC members would not be as informed about master planning and impact fees. FISCAL IMPACT: The fiscal impact for FY 2024 is $38,000.00 with funding available in the Development Services Fund and Corpus Christi Water. Increase in Total Contract Value: $38,000.00 Amended Contract Value: $3,981 ,700.00 FUNDING DETAIL: Org: 45 Fund: 4010 Account: 530000 Activity: Amount: $9,500.00 Org: 46 Fund: 4200 Account: 530000 Activity: Amount: $9,500.00 Org: 56 Fund: 4670 Account: 530000 Activity: Amount: $19,000.00 RECOMMENDATION: Staff recommends approval of this additional services request to award Pape-Dawson Engineers, Inc. for a comprehensive Drainage Design Criteria Manual and additional Public Outreach. LIST OF SUPPORTING DOCUMENTS: Additional Services Request No. 4 Cost Increase and Time Extension with Pape-Dawson Engineers, Inc Motion authorizing amendment No. 4 to the professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas, for additional meetings already conducted with the Capital Improvement Advisory Committee (CIAC) and City Staff, in the amount of $38,000.00 for a total amount not to exceed $3,981 ,700. City Council August 20, 2024 Contract Breakdown Pape-Dawson Contract Track and Cost Breakdown Item Council Approval Date Ordinance/Motion Cost Number Original Contract 02.09.2021 32350 $ 2,289,700 • Master Plan & Impact Fee Study Amended Service Request 1 10.19.2021 M2021-194 $ 1,192,000 • Generate new H&H models Amended Service Request 2 02.28.2023 M2023-032 $ 271,900 • Drainage Design manual and additional CIAC Meetings Amended Service Request 3 12.12.2023 M2023-1911 $ 190,100 • Additional CIAC Meetings and Time Extension Amended Service Request 4 08.20.2024 $ 38,000 • Additional Public Meetings, engineering support Total Contract Value: $ 4,063,700 Cost Increase Request to increase the contract by an additional $38,000 .00 for the following reasons: 1 ) Additional meetings. 2) Engineering support Recommendation Approval Staff recommends approval of the engineering firm's request.