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HomeMy WebLinkAboutAgenda Packet City Council - 08/19/2025 ®rtif Cit of Corpus Christi 1201 Leopard Street Y Corpus Christi,TX 78401 _ cctexas.com _ Meeting Agenda Final revised City Council Tuesday,August 19, 2025 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 Don Leavell, with CC Christian Fellowship. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Josiah Ponce, 12th grader at Collegiate High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City of Corpus Christi Page 1 Printed on 8/18/2025 City Council Meeting Agenda-Final-revised August 19, 2025 E. PUBLIC COMMENT- Public comment prior to the General Public Comment period, scheduled at approximately 5:30 p.m., will only be on action items on this City Council agenda unless otherwise specified. Sign-up to speak at 5:30 p.m. is at www.corpuschristitx.gov/signin or at the City Council kiosk. Each speaker is limited to a total of no more than 3 minutes per speaker. 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 https://corpuschristitx.gov/department-directory/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 (361) 826-3211 to coordinate. The right to publicly comment prior to any item being considered constitutes a public hearing for all items on this agenda. F. BOARD &COMMITTEE APPOINTMENTS: (NONE) G. 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. H. CONSENT AGENDA: (ITEMS 1 - 13) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 1. 25-1332 Approval of the August 7, 2025 Budget Workshop Minutes and August 12, 2025 Regular Meeting Minutes Sponsors: City Secretary's Office Consent-Second Reading Ordinances 2. 25-1090 Ordinance awarding a construction contract to JE Construction Services of Corpus Christi for the Harbor Bridge Parks Mitigation Improvement Project in an amount up to $16,497,423.00; appropriating $4,976,000.00 from the Metropolitan Planning Organization and amending the budget, located in Council District 1 with FY 2025 funding available from the Bond 2014, prior City Council approved certificates of obligation and Metropolitan Planning Organization reimbursement. City of Corpus Christi Page 2 Printed on 8/18/2025 City Council Meeting Agenda-Final-revised August 19, 2025 Sponsors: Parks and Recreation Department, Engineering Services and Finance & Procurement Consent- Contracts and Procurement 3. 25-1097 Motion authorizing the purchase of 25 additional Panasonic mobile data computers with dash camera systems from Turn-Key Mobile, Inc., of Jefferson City, Missouri, through the Texas Department of Information Resources, in the amount of$467,975.00 for the Corpus Christi Police Department, with FY 2025 funding of$103,000.00 from the Fleet Equipment Replacement Fund and $364,975.00 from the Crime Control and Prevention District Fund. Sponsors: Police Department and Finance &Procurement 4. 25-0865 Motion authorizing execution of a one-year supply agreement with Core & Main, LP, in St. Louis, Missouri, with an office in Corpus Christi, for an amount not to exceed $135,570.00 to purchase manhole covers and components for Corpus Christi Water, with FY 2025 funding of$22,595.00 from the Water Fund. Sponsors: Corpus Christi Water and Finance &Procurement Consent- Capital Projects 5. 25-1235 Motion authorizing a professional services contract to HDR Inc., of Corpus Christi, Texas, to evaluate AEP's recommended infrastructure improvements and the medium-voltage infrastructure at the O.N. Stevens Water Treatment Plant (ONSWTP) to recommend electrical reliability improvements and reduce service interruptions to plant operations in an amount up to $144,199.00, located in Council District 1, with FY 2025 funding available from the Water Capital Fund. Sponsors: Corpus Christi Water, Engineering Services and Finance &Procurement General Consent Items 6. 25-1205 Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2025-2026. Sponsors: Finance &Procurement 7. 25-1238 Resolution amending Financial Budgetary Policies adopted by Resolution 033143; and providing financial policy direction on preparation of the FY 2026 Operating and Capital Budgets. Sponsors: Finance &Procurement 8. 25-1366 Resolution for the negotiation of terms with Nueces County for a proposed Tax Increment Reinvestment Zone (TIRZ) in the London Area for potential consideration of the Nueces County Commissioners Court on August 20, 2025. Sponsors: Economic Development City of Corpus Christi Page 3 Printed on 8/18/2025 City Council Meeting Agenda-Final-revised August 19, 2025 9. 25-0841 Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Leopard Street and Oak Park Avenue Pedestrian Safety Improvement Project for a pedestrian walking and bike trail on Leopard Street from Villa Drive to Up River Road with the City's payment of$14,797.00 to TXDOT for direct state costs, located in Council District 1, with FY 2025 funding from ARPA interest Sponsors: Public Works/Street Department, Engineering Services and Finance & Procurement 10. 25-0842 Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Encantada Avenue Pedestrian Safety Improvement Project for infrastructure improvements including a five foot sidewalk on Encantada Avenue, from Gypsy Street to Park Road 22, with the City's payment of$17,885.00 to TXDOT for direct state costs, located in Council District 4, with FY 2025 funding from ARPA interest. Sponsors: Public Works/Street Department, Engineering Services and Finance & Procurement 11. 25-0843 Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Mary Carroll Ditch Hike and Bike Trail Improvement Project for a pedestrian walking and bike trail along the Mary Carroll ditch, from the existing pathway to Carroll Lane with the City's payment of$23,362.00 to TXDOT for direct state costs, located in Council District 2, with FY 2025 funding from ARPA interest. Sponsors: Public Works/Street Department, Engineering Services and Finance & Procurement 12. 25-0844 Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Ocean Drive Pedestrian Crossing Improvement Project for infrastructure improvements to include a pedestrian hybrid beacon on Oleander Point at Cole Park with the City's payment of$8,354.00 to TXDOT for direct state costs, located in Council District 2, with FY 2025 funding from ARPA interest. Sponsors: Public Works/Street Department, Engineering Services and Finance & Procurement 13. 25-1289 Resolution nominating Flint Hills Resources Corpus Christi, LLC to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as a single enterprise project pursuant to the Texas Enterprise Zone Act. Sponsors: Economic Development I. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. J. PUBLIC HEARINGS: (ITEM 14) City of Corpus Christi Page 4 Printed on 8/18/2025 City Council Meeting Agenda-Final-revised August 19, 2025 The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 14. 25-1163 Zoning Case No. ZN8634, Saratoga 400 Partners, LLC. (District 3). Ordinance rezoning a property at or near 602 Saratoga Boulevard from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services K. INDIVIDUAL CONSIDERATION ITEMS: (NONE) The following items are motions, resolutions or ordinances that may be considered and voted on individually. L. BRIEFINGS: (ITEM 15) 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. 15. 25-1191 Briefing on City of Corpus Christi Logo Update Sponsors: Communications M. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 16) 16. 25-1297 Update on Alternative Water Supply Projects, with Focus on Mary Rhodes Pipeline Water Delivery Performance N. EXECUTIVE SESSION: (NONE) 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. O. GENERAL PUBLIC COMMENT—APPROXIMATELY 5:30 P.M. ON CITY-RELATED MATTERS. P. ADJOURNMENT City of Corpus Christi Page 5 Printed on 8/18/2025 City Council Meeting Agenda-Final-revised August 19, 2025 City of Corpus Christi Page 6 Printed on 8/18/2025 City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Workshop Thursday,August 7, 2025 9:00 AM Council Chambers FY 2026 Budget Workshop: All Funds Budget Overview and FY 2026 General Fund Proposed Budget A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:10 a.m. B. 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 Note: Council Member Cantu arrived at 9:22 a.m., and Council Members Hernandez and Paxson attended by telephone conference Present 9- Mayor Paulette Guajardo, Council Member Roland Barrera, Council Member Gil Hernandez, Council Member Kaylynn Paxson, Council Member Eric Cantu, Council Member Carolyn Vaughn, Council Member Everett Roy, Council Member Sylvia Campos, and Council Member Mark Scott C. BRIEFINGS 25-1234 Overview of the FY 2026 Proposed Budget and additional detail of the General Fund Proposed Budget Director of Management and Budget Amy Cowley presented information on the following topics: FY 2026 proposed budget; property tax and sales tax; FY 2026 proposed city budget; FY 2026 general fund budget: $346.5 million; general fund FY 2026 proposed budget; FY 26 general fund overview; general fund revenue fee for service changes; Code Compliance revenue changes; Fire Department revenue changes; Police Department revenue changes; Animal Care Services Department revenue changes; Parks and Recreation revenue changes; mandated expenditures; Police Department mandates; Fire Department mandates; Parks and Recreation mandates; Solid Waste Department mandates; enhancements to expenditures; Police Department enhancements; Fire Department enhancements; Animal Care Services enhancements; City Auditor's Office enhancements; Finance Department enhancements; Parks and Recreation enhancements; Planning and Economic Development Department City of Corpus Christi Page 1 Printed on 8/8/2025 City Council Workshop Meeting Minutes August 7,2025 enhancements; Texas Municipal Retirement System (TMRS); reductions to expenditures; City Attorney reduction; City Manager reductions; City Secretary, City Council and Mayor's Office reductions; Code Compliance reductions; Communications reductions; Court Administration reductions; Fire Department reductions; Health Department reduction; Human Resources Department reductions; Libraries reductions; Parks and Recreation Department reductions; Planning and Economic Development Department reductions; Police Department reductions; general fund expenditures; Enterprise Funds expenditures; Special Revenue Funds overview; Internal Service Funds overview; Debt Service Funds overview; projected fund balance comparison; FY 2026 budget workshops; and community input sessions. Fire Chief Brandon Wade presented information on the following topics: operations resources; fire station map; fire department responses; fire department responses - FY25 YTD; performance measures; fire prevention; emergency management; and deployments. D. Adjournment There being no further business, Mayor Guajardo adjourned the meeting at 1:00 p.m. City of Corpus Christi Page 2 Printed on 8/8/2025 City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 + > cctexas.com yo Meeting Minutes City Council Tuesday,August 12, 2025 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 Mario Carrete with New Life Church. Pastor Mario Carrete with New 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 Field Lomax, 1 st grader at St. James Episcopal Church. Field Lomax, 1st grader at St. James Episcopal Church, 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- Council Member Roland Barrera,Council Member Carolyn Vaughn,Council Member Gil Hernandez,Council Member Sylvia Campos,Mayor Paulette Guajardo,Council Member Eric Cantu,Council Member Mark Scott,Council Member Kaylynn Paxson, and Council Member Everett Roy E. PUBLIC COMMENT F. BOARD &COMMITTEE APPOINTMENTS: (ITEM 1) 1. 25-1264 Arts & Cultural Commission Capital Improvements Advisory Committee Committee for Persons with Disabilities Parks & Recreation Advisory Committee Sister City Committee Mayor Guajardo opened public comment. The following individuals spoke: City of Corpus Christi Page 1 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 Adam Rios, Corpus Christi, TX and Ron Graban, Corpus Christi, TX. Mayor Guajardo closed public comment. Arts & Cultural Commission: Reappointed: Emily M. Barrera, Amy K. Cooley, and Adriana Parker Capital Improvements Advisory Committee: Reappointed: Patricia A. Aitken, Jonathan Gonzalez, Alex Harris, Ramiro Munoz III, and Velda G. Tamez Appointed: JJ Hart Committee for Persons with Disabilities: Appointed: Billy Delgado Parks & Recreation Advisory Committee: Reappointed: Thomas Cronnon, James M. Lehnert, Adam Rios, and George W. Woods III Appointed: Ariana K. Jones and Jeremy Berry Sister City Committee: Reappointed: Valerie Harbolovic and Angelita M. Romero Appointed: Susane "Westi" Horn (advisory one-year term) G. EXPLANATION OF COUNCIL ACTION: H. CONSENT AGENDA: (ITEMS 2 - 9) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Item 2 was pulled for individual consideration. Council Member Cantu moved to approve the consent agenda with the exception of Item 2, seconded by Council Member Paxson. The motion carried by the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 2. 25-1246 Approval of the July 29, 2025 Regular Meeting Minutes Council Member Paxson moved to amend Item 6 of the July 29, 2025 minutes, seconded by Council Member Campos. The Minutes were passed as amended and approved with the following vote: City of Corpus Christi Page 2 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Consent- Contracts and Procurement 3. 25-0441 Motion authorizing the execution of a five-year service agreement with Alarm Program Systems, LLC, of Pleasant Hill, California, for security alarm permitting and false alarm management system services for the Corpus Christi Police Department in an amount not to exceed $563,100.00, with FY 2025 funding of $28,155.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2025-102 Consent- Capital Projects 4. 25-1149 Motion authorizing a professional services agreement with Lockwood, Andrews & Newman, Inc. (LAN), of Corpus Christi to provide design, bid, and construction phase services for the Nueces River Pump Station Pipeline and System Upgrades Project in an amount up to $1,540,995.00, located in Council District 1, with FY 2025 funding available from Water Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2025-103 General Consent Items 5. 25-1010 Resolution authorizing the submission of a grant application to OxyChem for the 2025 First Responder Donation Program in the amount of$156,089.71 for funding for the purchase of a new high water rescue vehicle, one additional highway rescue equipment kit, and one additional LUCAS Chest Compression Device for cardiac arrest patients for the Corpus Christi Fire Department. This Resolution was passed on the consent agenda. Enactment No: 033714 6. 25-0756 Motion to approve an agreement with The Boston Group, LLC (TBG) for the construction and acceptance of improvements of Wranosky Park, located at 422 Graham Road, to allow construction of parking lot and related mobility improvements, with City funding not to exceed $111,000.00 from the Parks Capital Improvement Fund. This Motion was passed on the consent agenda. Enactment No: M2025-104 City of Corpus Christi Page 3 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 7. 25-1102 Motion authorizing an amendment to the Utility Relocation Reimbursement Agreement with AEP Texas, Inc. to relocate an AEP guy wire on the Rodd Field Road Construction Project in an amount of$145,982.43 for a total amount of $542,699.43, located in City Council District 5, with FY 2025 funding available from the Bond 2020 Proposition A. This Motion was passed on the consent agenda. Enactment No: M2025-105 8. 25-1202 Resolution to amend Resolution 033505 Approving the City Council Meeting Calendar for Calendar Year 2025 to cancel the September 16th meeting and add a meeting on September 23rd. This Resolution was passed on the consent agenda. Enactment No: 033715 9. 25-1266 Resolution confirming compliance with federal rules and regulations including Civil Rights protections with acceptance of the Community Development Block Grant Regional Mitigation Program Projects (CDBG-MIT) administered by State of Texas General Land Office (GLO) and providing for designation of officers required for grant compliance. This Resolution was passed on the consent agenda. Enactment No: 033716 I. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:21 p.m. Executive Session Item 19 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 4:20 p.m. J. PUBLIC HEARINGS: (NONE) K. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 10 - 13) 10. 25-1203 Resolution to consider a proposed ad valorem tax rate of no more than $0.599774 per$100 valuation for Fiscal Year (FY) 2026, also being Tax Year 2025, and taking a record vote; setting the date for the City's proposed FY 2026 budget and proposed FY 2026 ad valorem tax rate public hearings and first reading ordinances on September 02, 2025, with adoption of the FY 2026 budget and FY 2026 ad valorem tax rate on September 09, 2025. Director of Finance Sergio Villasana presented information on the following topics: truth-in-taxation; truth in taxation definitions; truth-in-taxation actions; truth-in-taxation 2025 tax rate calculations; and recommendation. City of Corpus Christi Page 4 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 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 Campos. This Resolution was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: 033717 11. 25-1090 Ordinance awarding a construction contract to JE Construction Services of Corpus Christi for the Harbor Bridge Parks Mitigation Improvement Project in an amount up to $16,497,423.00; appropriating $4,976,000.00 from the Metropolitan Planning Organization and amending the budget, located in Council District 1 with FY 2025 funding available from the Bond 2014, prior City Council approved certificates of obligation and Metropolitan Planning Organization reimbursement. Director of Parks and Recreation Robert Dodd presented information on the following topics: project schedule; T.C. Ayers Aquatic Center; Washington Coles Park; Dr. H.J. Williams Park; Ben Garza Park; T.C. Ayers; Hike and Bike Trail; and North Beach Trailhead. Mayor Guajardo opened public comment. The following individuals spoke: Lamont Taylor, Corpus Christi, TX and Alex Benavides, Corpus Christi, TX. Mayor Guajardo closed public comment. Council Member Campos moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 12. 25-1237 Motion authorizing the Barisi Village Tax Increment Reinvestment Zone Number Six (TIRZ #6) Project and Financing Plan. Director of Economic Development Corporation Arturo Marquez presented information on the following topics: Tax Increment Reinvestment Zone (TIRZ); purpose of the TIRZ; City of Corpus Christi Page 5 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 criteria for zone creation; overview; proposed development; requested project reimbursement; requested eligible public improvements, facilities and infrastructure reimbursement; proposed phases; phase 1; phase 2; phase 3; phase 4; phase 5; tax jurisdictions contributing percentages; captured values and revenue chart; project actions; and next steps. Mayor Guajardo opened public comment. The following individuals spoke: Mark Muenster, Corpus Christi, TX, Debbie Lindsey-Opel, Corpus Christi, TX, and Alex Benavides, Corpus Christi, TX. Mayor Guajardo closed public comment. Council Member Paxson moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Campos Abstained: 0 Enactment No: M2025-106 13. 25-1300 Motion for consideration, discussion and possible action to amend the current Fiscal Year (FY) 2025 Adopted Budget, and the FY 2026 Proposed Budget of the City of Corpus Christi to prohibit the use of any additional City of Corpus Christi funding and/or support payable to or for the benefit of the United Corpus Christi Chamber of Commerce, as requested by City Council members Carolyn Vaughn, Eric Cantu, and Kaylynn Paxson. AI Arreola, President of the United Chamber, responded to Council questions. Mayor Guajardo opened public comment. The following individuals spoke: Susie Luna Saldana, Corpus Christi, TX, Cindy Barrera, Corpus Christi, TX, Rachel Caballero, Corpus Christi, TX, and Alex Benavides, Corpus Christi, TX. Mayor Guajardo closed public comment. No action was taken. L. BRIEFINGS: (ITEM 14) 14. 25-1088 Briefing by OVG360 on the American Bank Center General Manager of OVG360 Danny Melise, General Manager of Hospitality Melanie City of Corpus Christi Page 6 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 Granado, and Regional Vice President of Hospitality Josh Pell presented information on the following topics: about Oak View Group (OVG); financials; partnerships; community engagement and support; local community vendors; expanding promoter network; testimonials; hospitality and highlights; hospitality financials; upcoming events; and conclusion. M. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 15) 15. 25-1265 Update on Alternative Water Supply Projects, to include briefing by John Byrum, Executive Director of the Nueces River Authority, on the Harbor Island Desalination Project. Executive Director of the Nueces River Authority John Byrum presented information on the following topics: Nueces River Authority (NRA); new water for South Texas-project overview; conveyance/distribution pipeline; Harbor Island-Port of Corpus Christi lease agreement; permit process overview and status; NRA new water for Texas; NRA new water for South Texas final pricing/impacts; water reservation fees; and advantages. N. EXECUTIVE SESSION: (ITEMS 16 - 19) Mayor Guajardo recessed the Council meeting at 5:12 p.m. Executive Session Items 16-18 were held during the recess. Mayor Guajardo reconvened the meeting at 5:44 p.m. 16. 25-1236 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 a potential Tax Increment Reinvestment Zone (TIRZ) and potential interlocal agreement(s) with Nueces County and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations. This E-Session Item was discussed in executive session. 17. 25-1151 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 Kent Mcllyar v. City of Corpus Christi, including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. The following motion was considered: Motion to authorize the execution of agreements with attorneys, experts, and service providers to assist in the lawsuit of William Kent Mcllyar v. City of Corpus Christi in a cumulative added amount not to exceed $197,000. City of Corpus Christi Page 7 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Scott moved to approve the motion, seconded by Council Member Campos. This Motion was passed and approved with the following vote: Aye: 6- Council Member Barrera, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Scott and Council Member Roy Absent: 3- Council Member Vaughn, Council Member Cantu and Council Member Paxson Abstained: 0 Enactment No: M2025-107 18. 25-1273 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 the case of Annette Rodriguez v. City of Corpus Christi, et. al, including potential consideration of fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases The following motion was considered: Motion to authorize the execution of amendments, agreements and encumbrance of funds for legal and other professional consulting and expert witness services and associated court reporter, copy, travel, data, and other costs for the lawsuit of Annette Rodriguez v. City of Corpus Christi, et al in a total added amount of up to $22,719 with the law firm of Royston, Rayzor, Vickery & Williams, LLP and other providers of services relevant to said lawsuit. Mayor Guajardo opened public comment. The following individual spoke: Rachel Caballero, Corpus Christi, TX. Mayor Guajardo closed public comment. Council Member Scott moved to approve the motion, seconded by Council Member Roy. This Motion was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Scott and Council Member Roy Absent: 2- Council Member Cantu and Council Member Paxson Abstained: 0 Enactment No: M2025-108 City of Corpus Christi Page 8 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 19. 25-1293 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 rules and regulations of state of Texas, EPA, TCEQ, TWDB, Texas Railroad Commission, San Patricio County Groundwater Conservation District, and legal rights, property rights, and contracts related to purchase and/or sale of groundwater, including sources from the Evangeline Aquifer and other sources, and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned rights to real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, including, but not limited to, potential consideration of direction to prepare agreement(s) for the purchase of rights to approximately 23,000 acres of real property related to the provision of water in San Patricio County at locations adjacent to or near U.S. Highway 181 and U.S. Highway 77 (1-69) in an amount up to $200,000,000. The following motion was considered: Motion to direct City staff to prepare an agreement for the purchase of water rights to approximately 22,788 acres of real property in San Patricio County at locations adjacent to or near U.S. Highway 181 and U.S. Highway 77 (1-69) in an amount up to $7,437 per acre, totaling approximately $169,491,700, subject to City Council approval of said agreement, appropriation of funds, and an appraisal of the property. Mayor Guajardo opened public comment. The following individuals spoke: Michael Miller, Corpus Christi, TX, Susie Luna Saldana, Corpus Christi, TX, and Rachel Caballero, Corpus Christi, TX. Mayor Guajardo closed public comment. Council Member Hernandez moved to approve the motion, seconded by Council Member Vaughn. This Motion was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: M2025-109 O. GENERAL PUBLIC COMMENT Mayor Guajardo opened public comment. The following individuals spoke: Gail Anderson, Corpus Christi, TX, Sean Merritt, Corpus Christi, TX, Brad Bartilson, Corpus Christi, TX, Terry Brooks, Corpus Christi, TX, Dan McQueen, Corpus Christi, TX, City of Corpus Christi Page 9 Printed on 8/15/2025 City Council Meeting Minutes August 12, 2025 Susie Luna Saldana, Corpus Christi, TX, Miriam Guerra-Rachidy, Corpus Christi, TX, Chris Torres, Corpus Christi, TX, Rachel Caballero, Corpus Christi, TX, Mark Muenster, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, David Cowling, Corpus Christi, TX, Alberto A. Zertuche, Corpus Christi, TX, Elena Martinez, Corpus Christi, TX, Jason Hale, Corpus Christi, TX, Chloe Torres, Corpus Christi, TX, Maggie Peacock, Corpus Christi, TX, Susan Upshaw, Corpus Christi, TX, Gary Hutchins, Corpus Christi, TX, Christina English, Corpus Christi, TX, and Aaron Price, Ingleside, TX. The following individuals submitted a written public comment which is attached to the minutes: Amanda Guerra, Corpus Christi, TX, Terry Brooks, Corpus Christi, TX, Dale Switalla, Corpus Christi, TX, George Gardiner, Corpus Christi, TX, and Janet Newcomb, Corpus Christi, TX. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 6:59 p.m. City of Corpus Christi Page 10 Printed on 8/15/2025 Monday,August 11,2025 z Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request, ask a question,report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,August 12,2025 Name Amanda Guerra Address 2610 Wind Hollow Corpus Christi,Texas,78414 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 5 Topic Desalination Agenda Item Number 13 Comment am against the city moving forward with the desalination plant. We the citizens can't afford it and we are the least consumers therefore we should not be paying for it. I am asking that you vote no on going forward with this and use those funds on other water sources. Please stand up for the people. If you vote for it then at least do it right and insure that the brine will be discharged further out in the gulf and make industry pay for it. I'm pretty sure the citizens would prefer lower water bills along with clean water versus free fans and 50$ gas cards given away once a year in limited quantities to the first people in line. Provide an email to receive a copy of aa331999@live.com your submission. Monday,August 11, 2025 • Public Comment & Input Form For City Council Meetings, Board Meetings, &Commission Meetings To submit a service request,ask a question,report a violation,browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Monday,August 11,2025 Name Terry Brooks Address 1426 Page PI. #D Corpus Christi,TX,78415 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic Housing Authority deficiencies regarding implementing and enforcing livable standards at Clairelaine Gardens 1418 Arlington Dr,Corpus Christi Agenda Item Number none Comment Subject: Housing Authority deficiencies regarding implementing and enforcing livable standards at Clairelaine Gardens 1418 Arlington Dr, Corpus Christi. Housing standards unfit for human habitation include conditions that pose risks to health and safety,such as structural issues, infestations, and lack of basic amenities like proper ventilation or sanitation.These conditions can include mold growth, pest infestations, leaks,faulty wiring, lack of heating or cooling, inadequate sanitation, and structural instability. See attached files Upload supporting images or documents. apt problems.docx 1 Provide an email to receive a copy of kelly.a.allison@att.net your submission. 2 i THE PRESENTER: US Veteran Terry Brooks (with local family) 1426 Page Pl. #D 78415 361-342-5832 THE PROBLEMS For four years, Clairelaine Gardens 1410 Arlington Dr, CC 78415 housing standards degrade as unfit for human habitation include conditions that pose risks to health and safety, such as structural issues, infestations, and lack of basic amenities like proper ventilation or sanitation. These conditions can include mold growth, pest infestations, leaks, faulty wiring, lack of heating or cooling, inadequate sanitation, and structural instability. EXTERIOR - Often over the past several years, the sewer drains feces, toilet paper and urine onto the lawns and sidewalk; the smell is very offensive. In these areas, the entire lawn and sidewalks are soaked in standing human wastewater. The fluids run into the city streets as well. One neighbor downstairs has two small children that live in the excrement areas which are not passable either on the grass or the sidewalks. The sewer drainage problems draw mosquitoes and cockroaches. When it rains, multiple lawns in the complex are flooded with sewer drainage. The apartment sewers draining onto the lawns, sidewalks, and street is a big health hazard. When it rains, there isn't adequate drainage and the sewer problems get worse such that residents can't access their mailbox due to the standing wastewater problem. - Sink waste is coming out open exterior wall drains and flooding the lawns (a result of clogged pipes). Roofs have no gutters or ground drainage pipes. As such, mold and mildew is all around the outside of the buildings and walls. Overgrown grass around the buildings could hide rats and snakes. Utility lines and poles have issues. - The screen doors do not close once opened. They have no mechanism to close. An electronic lock system was installed in the complex that fails, often. Druggies stay in the apt. hallways at night disturbing resident's sleep and leave trash or human waste. The apartment laundry facilities are forever closed for this reason. INTERIOR - The gas stove and wall heater pilot lights go out making them dangerous. The gas wall heaters draw air from within the room and can emit combustion products back into the same space where the heater poses health risks due to the pollutants they release, including carbon monoxide, nitrogen dioxide, and other particulate matter. Residents are afraid to sleep at night due to the gas appliance pilot lights and gas toxic emissions. - One tiny, AC window unit works in the living area. The summer heat in the apartments is smothering. Some residents cover their interior windows with foil attempting to block the sun's unbearable heat from entering. - The apartment plumbing in the restroom and kitchen drains are often clogged. The curtains on the widows are in disrepair and even falling down letting in the cold or heat. - The 7 ft ceilings are uncomfortable. The interior windowsills' paint was peeling off presenting fear of old lead paint. The windows are difficult, at best, to open. Several windows simply do not open. - The fridge and stove/oven look like antiques that belong in a museum. Everyone knows that gas appliances are not healthy in the home. They need to be converted to electric. The tiny apt. microwave is almost unusable. - The apt. has only one old ceiling smoke alarm. They need to be replaced regularly. - Cockroaches, mice, rats, bugs, and mosquitoes from drainage problems on the grounds can attract snakes. IN GENERAL - Standing water due to poor drainage leads to mold growth. Standing sewage is a serious health hazard due to the harmful microorganisms it contains. In the past, heavy rains exacerbate these standing water& sewer issues. - The apartment interiors, appliances, heating/cooling, pipes, and old insulation are proven unsafe for human habitation. Possible lead paint, old iron/lead pipes, asbestos contamination, and poor indoor air quality can negatively impact respiratory health and overall well-being leading to respiratory issues, particularly in children, and prolonged exposure can lead to more serious health problems like heart disease and even death. RECOMDATION: We recommend that the City of Corpus Christi address these inhumane living conditions. AV oil )NI w W7,04 t 4 `I � 1il Fna J i Tuesday,August 12,2025 Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request,ask a question, report a violation,browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,August 12,2025 Name Dale Switalla Address 2818 Hulbirt Corpus Christi,TX,78407 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 1 Topic Harbor Island Agenda Item Number 15 25-1265 Comment Go for it. You have 750 million loan from the state that can only be used for a desal project. So partner with the Port in the Harbor Island Desal Project they have been wanting for years and it already has all the TCEQ permits and can produce over 12 times what the Hillcrest Neighborhood Desal could do. Vote NO to Hillcrest Desal.Then get the brackish water projects going to get us by until Harbor Island Desal opens. ' Sunday, August 10, 2025 Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request, ask a question, report a violation, browse city-required permit forms or access services online, click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,August 12, 2025 Name George Gardiner Address 14321 Scallop St Corpus Christi,TX, 78418 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 4 Topic Desalination Agenda Item Number 13 Comment I am a water person. For more than 57 years I have been swimming, sailing,fishing, surfing, canoeing, on Padre Island, Corpus Cristi Bay, Laguna Madre and the Nueces River. Dr. McGregor's photos of Corpus Christi's past show a commercial oyster business in the early 20th century. After Corpus Christi dammed the Nueces River to form Lake Corpus Christi,the lack of fresh water input raised the salinity and local oysters failed to thrive. To now add more salt to our already stressed Bay by discharging brine as planned in the current desalination proposals is wrong. For anyone to claim that it won't harm water quality reminds me of the testimony of the experts who, on behalf of cigarette manufacturers, claimed that cigarettes didn't cause health problems.This is serious! As Members of Corpus Christi City Council,you are the stewards of our Bay's water quality as well as our quality of life. Do not allow desalination discharge into the Bay. There are other ways. Provide an email to receive a copy of georgegardiner757@gmail.com your submission. ' Sunday, August 10, 2025 Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request, ask a question, report a violation, browse city-required permit forms or access services online, click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,August 12, 2025 Name Janet Newcomb Address Meadowlane Dr. Corpus Christi,TX, 78412 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 4 Topic Request for fair allocation of reclaimed water at the Oso wastewater treatment plant Agenda Item Number E &0 Comment I am writing to express concerns regarding the current allocation system at the OSO water treatment plant, particularly in relation to equitable access for all users.The existing setup favors large-volume users, especially during weekends, which often results in smaller-scale users being unable to access reclaimed water when needed. This imbalance creates a challenge for individuals and small-scale gardeners who rely on modest quantities of reclaimed water. To promote fairness and ensure that all community members can benefit from the water, I propose implementing a tiered or reserved allocation system. Specifically, designating a dedicated time slot, such as the first hour of operation from 8:00 AM to 9:00 AM(or earlier if possible) exclusively for small-volume users with tanks holding between 100 and 300 gallons. This would allow smaller users to access water without competing directly with larger commercial or agricultural entities. 1 Provide an email to receive a copy of tropwatch36@yahoo.com your submission. 2 SC O� H AGENDA MEMORANDUM NOHPORPT E Action Item for the City Council Meeting of August 12, 2025 1852 DATE: August 12, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Robert Dodd, Director of Parks & Recreation robertd4@cctexas.com (361) 826-1853 Sergio Villasana, Director of Finance & Procurement Sergiov2(a)cctexas.com (361) 826-3227 Construction Contract Award Harbor Bridge Mitigation Projects (Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, Hike and Bike Trail, T.C. Ayers Park, Washington Coles Park) (Bond 2014, Proposition 1) CAPTION: Ordinance awarding a construction contract to JE Construction Services of Corpus Christi for the Harbor Bridge Parks Mitigation Improvement Project in an amount up to $16,497,423.00; appropriating $4,976,000.00 from the Metropolitan Planning Organization and amending the budget, located in Council District 1 with FY 2025 funding available from the Bond 2014, prior City Council approved certificates of obligation and Metropolitan Planning Organization reimbursement. SUMMARY: This ordinance accepts and appropriates the MPO reimbursement and awards a construction contract to JE Construction Services for Harbor Bridge Parks Mitigation Improvement Projects including Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, Hike and Bike Trail, T.C. Ayers Park, and Washington Coles Park. BACKGROUND AND FINDINGS: The Harbor Bridge Parks Mitigation project is a series of park improvements, hike and bike connectivity and community enhancements to mitigate the impacts to the parks and neighborhood from the construction of the new Harbor Bridge. This project was developed by agreements between the Federal Highway Association, Texas Department of Transportation (TXDOT), and the Corpus Christi Housing Authority. The total funding for Harbor Bridge Parks Mitigation project is $29.2 million. The available fund for construction and design for the Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, Hike and Bike Trail, T.C. Ayers Park, Washington Coles Park is $20.3 million while the T.C. Ayers Aquatic Center has a budget of$8.9 million for both design and construction. There are three separate funding sources for Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, Hike and Bike Trail, T.C. Ayers Park, Washington Coles Park • Bond 2014 - On November 4, 2014, voters approved the City of Corpus Christi's Bond 2014 Program for a total of $99.2 million, encompassing twenty-nine projects. All two propositions passed on election day included projects for Streets & Street Safe, Revitalization and Capacity Improvement Projects. Proposition 2 included an initial amount of $3.5 million to mitigate the impacts to the parks and neighborhood from the construction of the new Harbor Bridge. There is $572,645.14 available for construction. • Metropolitan Planning Organization funding through TxDOT Advance Funding Agreement (AFA). The AFA was authorized on September 10, 2024. The AFA authorized $4.9 million for Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, Hike and Bike Trail, T.C. Ayers Park, Washington Coles Park. • Prior certificate of obligations - The Prior certificate of obligations was authorized in 2024 in an amount of$11.8 million. This item will authorize approval of a construction contract for Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, Hike and Bike Trail, T.C. Ayers Park, and Washington Coles Park in an amount $16.4 million. The T.C. Ayers Aquatic Center will be advertised for bids as a separate project in August 2025 and constructed as a separate project as the contractor requires specialized experience in building swimming pools. Listed below is the breakdown of the funding sources for T.C. Ayers Aquatic Center: • Bond 2024 - On November 5, 2024, voters approved the City of Corpus Christi's Bond 2024 Program for a total of$175 million with thirty-eight projects. The propositions passed on election day include projects for streets, parks and recreation, public safety, and cultural facilities. One of the thirty-eight projects included $4.5 million for construction of T.C. Ayers Aquatic Center. • Metropolitan Planning Organization funding through TxDOT Advance Funding Agreement (AFA): The AFA executed in September 2024. The AFA authorized $4.4 million for T.C. Ayers Aquatic Center. The Harbor Bridge Park mitigation project addresses impact on the former Washington Elementary School site and the three existing City Parks: TC Ayers Park, Ben Garza Park, and Dr. HJ Williams Memorial Park (Hillcrest Park), Hike and Bike Trail connections and North Beach Trailhead. The T.C. Ayers Aquatic Center will be advertised for bids as a separate project in August 2025 and constructed as a separate project as the contractor requires specialized experience in building swimming pools. Listed below are the improvements proposed at each location: • Washington Elementary School: Amphitheater, paved amphitheater with seating area, covered/open-air pavilion and vendor space, shade sails, two restrooms, major trail head plaza, food truck court, lighting improvements, approximately 200 parking spaces and sidewalks as needed • TC Ayers Park: Softball field including dugout, bleachers, backstop, loop trail and sidewalk as needed • Dr. HJ Williams Memorial Park (Hillcrest Park): Park entry and Dr. HJ Williams memorial, resurface existing basketball courts and add shade structure over the courts, playground, picnic tables, exercise station, restroom, community garden, lighting improvements, resurface existing parking lot, and sidewalks as needed, and basketball court resurfacing at Peabody Avenue and Minton Street • Ben Garza Park: Park entry plaza, playground, trailhead, picnic tables, parking lot and sidewalks as needed • Hike and Bike Trail connections: Five feet sidewalk connecting Dr. HJ Williams Memorial Park, TC Ayers Park, Washington Coles Park and Solomon Ortiz Recreation Center • North Beach Trailhead: Trail head at North Beach PROJECT TIMELINE: 0 - i 0 . January - February March - August September-September Design Bid/Award Construction Project schedule reflects City Council award in August 2025, with anticipated construction completion by September 2026. COMPETITIVE SOLICITATION PROCESS: On May 18, 2025, the Contracts and Procurement Department issued a Request for Bids (RFB #6450) for the Harbor Bridge Parks Mitigation project. On June 18, 2025, the city received bids from three bidders. The city analyzed the bids in accordance with the contract documents and determined JE Construction Services was the lowest responsive and responsible bidder. The Engineer's Opinion of Probable Construction Cost was estimated conservatively. The tightness of the grouping of the bids also indicate that the engineer likely estimated the value of the work on the conservative side. A summary of the bid is provided below: Bidder Base Bid 1 JE Construction Services, LLC $16,497,423.00 2 Barcom Construction, Inc. $16,868,000.00 3 CE Barker, Ltd. $17,948,187.25 Engineer's Opinion of Probable Construction Cost $14,475,833.00 JE Construction Services LLC has successfully completed several projects with City and has extensive experience with large-scale projects comparable to the proposed project. Listed below are the list of projects that are in construction or completed: • Yorktown Boulevard - Rodd Field Road to Oso Creek Bridge (Bond 2022) (Corpus Christi - $25.5M); This project included reconstruction of Yorktown Boulevard from Rodd Field Road to Oso Creek Bridge, with new concrete pavement, sidewalks, curbs and gutters, installation of ADA-compliant curb ramps, signage, pavement markings, upgraded street illumination and traffic signals, and Utilities improvements • Everhart Road - South Padre Island Drive to Alameda Street (Bond 2018 and 2020) (Corpus Christi - $29.3M); This project included reconstruction of Everhart Road from South Padre Island Drive to Alameda Street. • Plains All American Pipeline storage tank facilities (Corpus Christi - $10.2M; Taft - $5.9M): These projects involved significant earthwork, clay-lined containment berms, borrow pit excavation, tank pads, drainage, and roads • Port of Corpus Christi projects (Rincon Laydown Yard Expansion - $9.6M; Bulk Dock Rail Expansion - $14.OM): These included massive earthwork, flex base installation, retention pond construction, and railroad construction. • US Ecology Landfill in Robstown (totaling -$1.0M): Various projects involved raising cell berms, scale house foundations, dike construction, drainage, and roadwork, sharing similar scopes with the Compost Operations Center. • Cefe F. Valenzuela Landfill Road Improvements (Corpus Christi - $1.35M): This project included concrete paving and drainage improvements at the same landfill site. ALTERNATIVES: The alternative is not to execute the construction contract which will delay the project. This project construction must be completed by the end of September 2026. The completion date is based on an agreement between the City and TxDOT. FISCAL IMPACT: The fiscal impact for FY 2025 is in the amount of$16,497,423.00 with funding available from the Parks Bond 2014 ($572,645.14), Metropolitan Planning Organization reimbursement ($4.9 million) and prior City Council approved certificate of obligation ($10.9 million out of the $11.8 million; the remaining funds are required for re-imbursements). Funding Detail: Fund: Park & Rec Bond 2014 (Fund 3294) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24411 Amount $4,107.79 Fund: Park & Rec Bond 2014 (Fund 3300) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24411 Amount $1,820,836.21 Fund: TxDOT Grant Fund (Fund 1080) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 244111080F Amount $788,176.00 Fund: Park & Rec Bond 2014 (Fund 3294) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24412 Amount $199,668.01 Fund: Park & Rec Bond 2014 (Fund 3300) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24412 Amount $1,763,091.99 Fund: TxDOT Grant Fund (Fund 080) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 244121080F Amount $847,699.00 Fund: Park & Rec Bond 2014 (Fund 3294) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24413 Amount $52,441.25 Fund: Park & Rec Bond 2014 (Fund 3300) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24413 Amount $433,809.75 Fund: TxDOT Grant Fund (Fund 1080) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 244131080F Amount $210,007.00 Fund: Park & Rec Bond 2014 (Fund 3294) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24414 Amount $314,206.11 Fund: Park & Rec Bond 2014 (Fund 3300) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24414 Amount $376,142.89 Fund: TxDOT Grant Fund (Fund 1080) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 244141080F Amount $298,156.00 Fund: Park & Rec Bond 2014 (Fund 3294) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24415 Amount $2,221.98 Fund: Park & Rec Bond 2014 (Fund 3300) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 24415 Amount $6,554,897.02 Fund: TxDOT Grant Fund (Fund 1080) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 244151080F Amount $2,831,962.00 Total: $16,497,423.00 RECOMMENDATION: Staff recommend authorizing a construction contract with JE Construction Services of Corpus Christi, Texas in an amount not to exceed $16,497,423.00 for Harbor Bridge Parks Mitigation Improvement Projects including Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, Hike and Bike Trail, T.C. Ayers Park, and Washington Coles Park, with anticipated construction completion by September 2026. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation HBPM Map Presentation CIP Pages M PO Agreement Ordinance awarding a construction contract to JE Construction Services of Corpus Christi for the Harbor Bridge Parks Mitigation Improvement Project in an amount up to $16,497,423.00; appropriating $4,976,000.00 from the Metropolitan Planning Organization and amending the budget, located in Council District 1 with FY 2025 funding available from the Bond 2014, prior City Council approved certificates of obligation and Metropolitan Planning Organization reimbursement. WHEREAS, the Texas Department of Transportation (TXDOT) construction of the US 181/Hwy 286 Harbor Bridge Project required the use of Section 4(f) properties, including the Harbor Bridge system, TC Ayers Park and Lovenskiold Park; and WHEREAS, TXDOT is required to mitigate the use of the Section 4(f) properties by making improvements at nearby Section 4(f) properties; and WHEREAS, on July 10, 2014, the Corpus Christi Metropolitan Planning Organization ("MPO") passed a resolution to prioritize $2,570,000 in Transportation Improvement Program ("TIP") funds for mitigation measures related to the Project; and WHEREAS, on January 8, 2016, the Federal Highway Administration ("FHWA") issued the Record of Decision ("ROD") authorizing construction of the recommended alternative route for the Project; and WHEREAS, section 6.11 of the ROD presents the proposed mitigation for the use of Section 4(f) properties and requires the improvements to be implemented prior to final completion of the Project; and WHEREAS, on September 10, 2024, City Council approved Resolution 033464 that authorized the City Manager or designee to execute Advanced Funding Agreements for the Harbor Bridge Parks Mitigation Improvement Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. $4,976,000.00 is appropriated into the TXDOT Grants Fund 1080. Section 2. The Corpus Christi FY2024-2025 Operating Budget adopted by Ordinance No. 033451 is amended to increase revenues and expenditures by $4,976,000.00 Section 3. The Corpus Christi FY2024-2025 Capital Budget adopted by Ordinance No. 033468 is amended to increase revenues and expenditures by $2,476,000.00. Section 4. The City Manager or designee is authorized to execute a construction contract with JE Construction Services of Corpus Christi for the Harbor Bridge Parks Mitigation Improvement Project in an amount up to $16,497,423.00. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Bid Tab-RFB 6450 Harbor Bridge Parks Mitigation E15101 Item Description Unit Q-tity JE Construction S-ices,LLC Total Barcom Construction,Inc. Total CE Barker,Ltd. Total Al Mobilization LS 1 $780,000.00 $780,000.00 $540,348.37 $540,348.37 $895,000.00 $895,000.00 A2 Bonds&Insurance AL 1 $120,000.00 $120,000.00 $121,499.00 $121,499.00 $299,000.00 $299,000.00 A3 Ozone Day DAY 6 $1.00 $6.00 $0.00 $0.00 $4,963.20 $29,779.20 A4 Traffic Control LS 1 $16,000.00 $16,000.00 $49,294.00 $49,294.00 $558,360.00 $558,360.00 Temporary Traffic Control Design by Professional Engineer AS (All Phases) LS 1 $15,300.00 $15,300.00 $19,960.00 $19,960.00 $12,408.00 $12,408.00 A6 SWPPP(Permitting and BMPs) LS 1 $90,000.00 $90,000.00 $86,785.00 $86,785.00 $62,040.00 $62,040.00 Sub Totals $1,021,306.00 $817,886.37 $1,856,587.20 B1 •HJ WILLIAMS PARK-ALL DEMOLITION AND REMOVAL LS 1 $34,000.00 $34,000.00 $80,998.00 $80,998.00 $193,358.00 $193,358.00 B2 TC AYERS PARK-ALL DEMOLITION AND REMOVAL LS 1 $6,800.00 $6,800.00 $12,901.00 $12,901.00 $195,790.94 $195,790.94 WASHINGTON COLES PARK-ALL DEMOLITION AND B3 REMOVAL LS 1 $103,000.00 $103,000.00 $665,347.00 $665,347.00 $201,630.00 $201,630.00 B4 SIDEWALK-ALL DEMOLITION AND REMOVAL LS 1 $103,000.00 $103,000.00 $60,749.00 $60,749.00 $170,610.00 $170,610.00 B5 BEN GARZA PARK-ALL DEMOLITION AND REMOVAL LS 1 $34,000.00 $34,000.00 $91,991.00 $91,991.00 $176,814.00 $176,814.00 Sub Tota is $280,800.00 MRW $911,986.00 - - $938,202.94 SITE GRADING(INCLUDES SITE CLEARING,CUT/FILL,AND C1 EMBANKMENT)(MULTI SITE) LS 1 $649,000.00 $649,000.00 $1,012,485.00 $1,012,485.00 $328,812.00 $328,812.00 LIGHT DUTY CONCRETE(INCLUDES EXCAVATION, CONDITIONED OR TREATED SUBGRADE,REINFORCED C2 CONCRETE) SF 44000 $10.00 $440,000.00 $13.19 $580,360.00 $13.73 $604,120.00 HEAVY DUTY CONCRETE(INCLUDES EXCAVATION, CONDITIONED OR TREATED SUBGRADE,REINFORCED C3 CONCRETE) SF 51000 $11.00 $561,000.00 $13.89 $708,390.00 $11.16 $569,160.00 ASPHALT REPAIR-INCLUDES REMOVAL,BASE PREP,TACK C4 COAT,AND ASPHALT SF 29550 $7.00 $206,850.00 $11.59 $342,484.50 $5.63 $166,366.50 FULL DEPTH PAVEMENT REPLACEMENT(INCLUDES C5 REMOVAL,BASE,AND ASPHALT) SF 4100 $38.00 $155,800.00 $25.25 $103,525.00 $20.16 $82,656.00 OVERLAY ASPHALT(2")AND PRIME COAT(RESURFACE C6 PARKING LOT) SF 30000 $4.00 $120,000.00 $10.11 $303,300.00 $3.96 $118,800.00 C7 STRIPING&SIGNAGE(MULTI SITE) LS 1 $100,000.00 $100,000.00 $95,742.00 $95,742.00 $99,264.00 $99,264.00 ALLOWANCE FOR UNANTICIPATED DISPOSAL OF C8 CONTAMINATED GROUNDWATER(MULTI SITE) AL 1 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 C9 CONCRETE DRIVEWAY SF 3550 $15.00 $53,250.00 $10.70 $37,985.00 $13.65 $48,457.50 RETAINING WALL(0'-6')(INCLUDES ALL EXCAVATION, CIO BACKFILL,AGG,AND MATERIALS) LF 110 $500.00 $55,000.00 $255.09 $28,059.90 $691.99 $76,118.90 Sub Totals $2,380,900.00 $3,252,331.40 $2,133,754.90 D1 18"RCP(CLASS III) LF 1310 $237.00 $310,470.00 $127.28 $166,736.80 $200.00 $262,000.00 D2 18"RCP(CLASS IV) LF 45 $259.00 $11,655.00 $138.86 $6,248.70 $200.00 $9,000.00 D3 24"RCP(CLASS III) LF 265 $272.00 $72,080.00 $144.64 $38,329.60 $300.00 $79,500.00 D4 5'REINFORCED CONCRETE MANHOLE EA 4 $19,000.00 $76,000.00 $8,215.59 $32,862.36 $12,546.97 $50,187.88 D5 5'CURB INLET EA 11 $10,000.00 $110,000.00 $6,364.19 $70,006.09 $4,293.73 $47,231.03 D6 3'X3'POST INLET EA 1 $8,900.00 $8,900.00 $4,397.08 $4,397.08 $3,865.09 $3,865.09 D7 4'X4'GRATE INLET EA 6 $14,000.00 $84,000.00 $6,017.05 $36,102.30 $3,474.24 $20,945.44 D8 4'X4'JUNCTION BOX EA 8 $22,000.00 $176,000.00 $11,802.68 $94,421.44 $8,524.30 $68,194.40 D9 5'X5'JUNCTION BOX EA 1 $23,000.00 $23,000.00 $13,885.51 $13,885.51 $1,116.72 $1,116.72 D10 6"CURB AND GUTTER(INCLUDES FLEX BASE TO 1'BOC) LF 7735 $50.00 $386,750.00 $46.29 $358,053.15 $31.20 $241,332.00 Dll CURB INLETTOP REPLACEMENT EA 4 $6,000.00 $24,000.00 $2,892.81 $11,571.24 $2,853.84 $11,415.36 D12 ADJUST MANHOLE EA 2 $2,200.00 $4,400.00 $3,239.95 $6,479.90 $558.36 $1,116.72 D13 CONCRETE FLUME LF 60 $138.00 $8,280.00 $81.00 $4,860.00 $101.75 $6,105.00 D14 SIDEWALK DRAIN LF 12 $240.00 $2,880.00 $173.57 $2,082.94 $562.50 $6,750.00 D15 TRENCH SAFETY-STORMWATER LF 1700 $6.00 $10,200.00 $1.16 $1,972.00 $37.22 $63,274.00 UNANTICIPATED STORMWATER IMPROVEMENTS D16 ALLOWANCE AL 1 $34,550.00 $34,550.00 $34,550.00 $34,550.00 $34,550.00 $34,550.00 $1,343,165.00 II $906,483.64 ABANDON IN PLACE EXISTING 4"WATERLINE:GROUT FILL El AND CAP LF 800 $26.00 $20,800.00 $34.71 $27,768.00 $100.04 $80,032.00 ABANDON IN PLACE EXISTING 6"WATERLINE:GROUT FILL E2 AND CAP LF 835 $26.00 $21,710.00 $48.60 $40,581.00 $100.01 $83,508.35 1"SDR9 POLYETHYLENE TUBING(INCLUDES FITTING AND E3 CONNECTIONS) LF 85 $33.00 $2,805.00 $55.54 $4,720.90 $30.44 $2,587.40 E4 1"BACKFLOW PREVENTER EA 1 $3,650.00 $3,650.00 $4,397.08 $4,397.08 $1,516.26 $1,516.26 E5 1.5"BALL VALVE WITH BOX EA 4 $1,600.00 $6,400.00 $2,545.68 $10,182.72 $2,546.12 $10,184.48 E6 1.5"DOMESTIC METER(METER AND BOX BY CITY) EA 2 $2,135.00 $4,270.00 $2,429.96 $4,859.92 $796.59 $1,593.18 1.5"SDR9 POLYETHYLENE TUBING(INCLUDES FITTING AND E7 CONNECTIONS) LF 275 $33.00 $9,075.00 $46.29 $12,729.75 $36.32 $9,988.00 2"SDR9 POLYETHYLENE TUBING(INCLUDES FITTING AND E8 CONNECTIONS) LF 425 $41.00 $17,425.00 $50.91 $21,636.75 $51.16 $21,743.00 E9 2"IRRIGATION METER(METER AND BOX BY CITY) EA 3 $3,050.00 $9,150.00 $4,512.79 $13,538.37 $955.00 $2,865.00 E10 2"BALLVALVE WITH CAST IRON SCREW VALVE BOX EA 10 $2,000.00 $20,000.00 $3,587.09 $35,870.90 $1,021.18 $10,211.80 Ell 4"PVC C900 WATERLINE LF 800 $58.00 $46,400.00 $60.17 $48,136.00 $75.00 $60,000.00 E12 4"DUCTILE IRON PIPE LF 20 $134.00 $2,680.00 $127.28 $2,545.60 $234.51 $4,690.20 E13 4"X2"TEE EA 1 $773.00 $773.00 $4,562.12 $4,562.12 $619.16 $619.16 E14 4"X4"TEE EA 1 $930.00 $930.00 $1,735.69 $1,735.69 $557.12 $557.12 E15 4"DIA.22.5"DI BEND EA 1 $609.00 $609.00 $1,619.98 $1,619.98 $414.43 $414.43 E16 4"DIA.45"DI BEND EA 7 $940.00 $6,580.00 $1,272.84 $8,909.88 $416.91 $2,918.37 E17 4"GATE VALVE EA 4 $2,550.00 $10,200.00 $2,314.25 $9,257.00 $1,430.95 $5,723.80 E18 6"PVC C900 WATERLINE LF 870 $113.00 $98,310.00 $90.26 $78,526.20 $44.08 $38,349.60 E19 6"DUCTILE IRON PIPE LF 20 $170.00 $3,400.00 $162.00 $3,240.00 $130.28 $2,605.60 E20 6"DIA.22.5"DI BEND EA 2 $1,000.00 $2,000.00 $746.35 $1,492.70 $502.52 $1,005.04 E21 6"DIA.45"DI BEND EA 16 $1,200.00 $19,200.00 $809.99 $12,959.84 $513.69 $8,219.04 E22 6"GATE VALVE EA 6 $4,000.00 $24,000.00 $1,336.48 $8,018.88 $2,306.65 $13,839.90 E23 6"X2"SERVICE SADDLE EA 3 $3,750.00 $11,250.00 $2,429.96 $7,289.88 $1,098.34 $3,295.02 E24 6"X4"TAPPING SLEEVE EA 1 $5,680.00 $5,680.00 $8,331.30 $8,331.30 $4,000.00 $4,000.00 E25 6"X6"TEE EA 2 $1,530.00 $3,060.00 $1,388.55 $2,777.10 $1,484.31 $2,968.62 E26 8"X2"SERVICE SADDLE EA 1 $4,100.00 $4,100.00 $5,554.20 $5,554.20 $2,077.72 $2,077.72 E27 12"X 6"TAPPING SLEEVE EA 1 $6,390.00 $6,390.00 $9,488.43 $9,488.43 $4,368.86 $4,368.86 E28 FIRE HYDRANT ASSEMBLY(TYPE 1) EA 3 $11,000.00 $33,000.00 $9,835.57 $29,506.71 $6,794.93 $20,384.79 E29 STANDARD BOLLARD EA 2 $1,300.00 $2,600.00 $925.70 $1,851.40 $2,605.68 $5,211.36 E30 TRENCH SAFETY-WATER LF 2855 $6.00 $17,130.00 $2.31 $6,595.05 $37.22 $106,263.10 E30 UNANTICIPATED WATER IMPROVEMENTS ALLOWANCE AL 1 $21,090.00 $21,090.00 $21,090.00 $21,090.00 $21,090.00 $21,090.00 $434,667.00 $449,773.35 $532,831.20 Fl 4"PVC SDR 26 LF 290 $78.00 $22,620.00 $67.11 $19,461.90 $100.00 $29,000.00 F2 6"PVC SDR 26 LF 165 $92.00 $15,180.00 $78.68 $12,982.20 $100.00 $16,500.00 F3 8"PVC SDR 26 LF 155 $166.00 $25,730.00 $150.43 $23,316.65 $100.00 $15,500.00 F4 8"PVC SDR 26-PIPEBURSTING LF 365 $360.00 $131,400.00 $421.21 $153,741.65 $411.44 $150,175.60 F5 INSTALL CLEANOUT EA 5 $3,540.00 $17,700.00 $1,619.98 $8,099.90 $720.80 $3,604.00 F6 4'FIBERGLASS MANHOLE EA 3 $19,960.00 $59,880.00 $10,992.69 $32,978.07 $4,092.39 $12,277.17 F7 5'ECCENTRIC MANHOLE EA 1 $43,700.00 $43,700.00 $26,613.89 $26,613.89 $14,811.43 $14,811.43 FS CONCRETE ENCASEMENT LF 10 $122.00 $1,220.00 $283.50 $2,835.00 $620.40 $6,204.00 F9 18"SPLIT STEEL CASING LF 60 $406.00 $24,360.00 $520.71 $31,242.60 $281.25 $16,875.00 F10 TRENCH SAFETY-WASTEWATER LF 580 $6.00 $3,480.00 $2.31 $1,339.80 $37.22 $21,587.60 UNANTICIPATED WASTEWATER IMPROVEMENTS F11 ALLOWANCE AL 1 $10,680.00 $10,680.00 $10,680.00 $10,680.00 $10,680.00 $10,680.00 Sub Tots is $355,950.00 $323,291.66 $297,214.80 EXCAVATION,BACKFILLAND COMPACTION OF TRENCH FOR ADJUSTED/NEW GAS LINE(GAS LINE CONSTRUCTION TO BE G1 COMPLETED BY THE CITY GAS DEPARMENT) LF 615 $21.00 $12,915.00 $34.71 $21,346.65 $124.08 $76,309.20 G2 TRENCH SAFETY FOR GAS LINE LF 615 $7.00 $4,305.00 $2.31 $1,420.65 $37.22 $22,890.30 G3 UNANTICIPATED GAS IMPROVEMENTS ALLOWANCE AL 1 $900.00 $900.00 $900.00 $900.00 $900.00 $900.00 Sub Totals $18,120.00 $23,667.30 $100,099.50 CONCRETE WALKWAY-BROOM FINISH(INCWDESSUB- GRADE PREP I WALKWAYS INSIDE PARK,ALONG HI ROADWAY/PARKING) SF 69900 $12.00 $838,800.00 $14.74 $1,030,326.00 $20.00 $1,398,000.00 CONCRETE WALKWAY-INTEGRAL COLOR(INCLUDES SUB- H2 GRADE PREP I OFF LOOP TRAIL TO TRAILHEAD) SF 800 $14.00 $11,200.00 $13.31 $10,648.00 $25.00 $20,000.00 CONCRETE WALKWAY-ROCK SALT FINISH(INCLUDES SUB- H3 GRADE PREP I AT MINORTRAILHEAD) SF 1100 $14.00 $15,400.00 $15.04 $16,544.00 $20.00 $22,000.00 CONCRETE WALKWAY-STAMPED TYPE 1(INCLUDESSUB- H4 GRADE PREP I AT MINORTRAILHEAD) SF 14200 $27.00 $383,400.00 $15.04 $213,568.00 $13.96 $198,232.00 CONCRETE WALKWAY-STAMPED TYPE 2(INCLUDES SUB- H5 GRADE PREP I AT MINORTRAILHEAD) SF 18500 $27.00 $499,500.00 $15.04 $278,240.00 $13.96 $258,260.00 CONCRETE PAVILLION WALKWAY AT RESTROOM(5 IN DEPTH H6 I INCWDESSUB-GRADE PREP) SF 6500 $12.00 $78,000.00 $13.89 $90,285.00 $13.96 $90,740.00 CONCRETE PADS FOR PICNIC TABLES,FURNISHINGS& H7 FITNESS STATIONS(INCLUDES SUB-GRADE PREP,4 IN DEPTH)SF 3500 $13.00 $45,500.00 $12.73 $44,555.00 $13.03 $45,605.00 SITE FURNISHINGS(EXCLUDING TRAILHEAD,PARK ENTRY H8 PLAZA,AND SOFTBALL FIELD ITEMS)(MULTI SITE) LS 1 $335,150.00 $335,150.00 $178,504.00 $178,504.00 $300,710.44 $300,710.44 PLAYGROUNDS:(INCLUDES SURFACING,ALL PLAY H9 EQUIPMENT,FREIGHT,INSTALLATION)(MULTI SITE) LS 1 $853,000.00 $853,000.00 $909,566.00 $909,566.00 $815,386.04 $815,386.04 UNANTICIPATED PLAYGROUND IMPROVEMENTS ALLOWANCE(INCLUDES PLAY EQUIPMENT,FREIGHT& H10 INSTALLATION)-HJ WILLIAMS PARK AL 1 $120,000.00 $120,000.00 $120,000.00 $120,000.00 $120,000.00 $120,000.00 H11 SPORTS COURT:RESURFACING(BY RESTROOM) SF 11850 $11.00 $130,350.00 $1.27 $15,049.50 $1.18 $13,983.00 SPORTS COURT:RESURFACING(BY PEABODY AVE AND H12 MINTON ST) SF 5000 $6.00 $30,000.00 $1.32 $6,600.00 $1.86 $9,300.00 SPORTS COURT:FURNISHINGS(BACKBOARDS,NETS)-HJ H13 WILLIAMS PARK LS 1 $63,100.00 $63,100.00 $34,629.30 $34,629.30 $64,494.60 $64,494.60 SPORTS COURT:SHADE COVER-(INCLUDES STRUCTURE, H14 ASSEMBLY/INSTALLATION,AND FOOTING) LS 1 $500,000.00 $500,000.00 $472,461.32 $472,461.32 $506,626.41 $506,626.41 H15 CONCRETE RIBBON CURB LF 640 $29.00 $18,560.00 $40.50 $25,920.00 $13.03 $8,339.20 PREFABRICATED RESTROOM (PRE-ENGINEERED/FABRICATED,INCLUDES SHIPPING,CRANE H16 OFF LOAD&UTI LITY CON N ECTIONS)-HJ WI LLIAMS PARK LS 1 $412,000.00 $412,000.00 $371,096.00 $371,096.00 $428,950.76 $428,950.76 PREFABRICATED RESTROOM W/CONCESSIONS-B624CN (PRE-ENGINEERED/FABRICATED,INCLUDES SHIPPING,CRANE OFF LOAD&UTILITY CONNECTIONS)-WASHINGTON COLES H17 PARK LS 1 $609,000.00 $609,000.00 $554,077.00 $554,077.00 $623,426.31 $623,426.31 PREFABRICATED RESTROOM W/STORAGE-B624ST (PRE-ENGINEERED/FABRICATED,INCLUDES SHIPPING,CRANE OFF LOAD&UTILITY CONNECTIONS)-WASHINGTON COLES H18 PARK LS 1 $583,000.00 $583,000.00 $529,053.00 $529,053.00 $596,592.77 $596,592.77 COMMUNITY GARDEN ALLOWANCE-(INCLUDES RIBON H19 CURB,DECOMPOSED GRANITE,AND PLANTERS) LS 1 $73,300.00 $73,300.00 $11,572.00 $11,572.00 $8,685.60 $8,685.60 TRELLIS STRUCTURES(INCLUDES STRUCTURE, H2O ASSEMBLY/INSTALLATION,&FOOTING)-MULTISITE LS 1 $184,000.00 $184,000.00 $162,932.00 $162,932.00 $114,774.00 $114,774.00 PERFORMANCE STAGE:SLAB,MASONRY WALL,AND H21 CONCRETE STAIRS-WASHINGTON COLES PARK LS 1 $146,000.00 $146,000.00 $203,596.00 $203,596.00 $75,068.40 $75,068.40 FABRIC SHADE STRUCTURE AT GATHERING/SEATING AREA- H22 ALLOWANCE(16,810 SF)-WASHINGTON COLES PARK LS 1 $961,000.00 $961,000.00 $909,200.00 $909,200.00 $974,945.24 $974,945.24 COVERED OPEN-AIR PAVILION(BETWEEN THE TWO PRE-FAB. H23 RESTROOMS)-WASHINGTON COLES PARK LS 1 $1,096,000.00 $1,096,000.00 $960,000.00 $960,000.00 $1,240,800.00 $1,240,800.00 Sub Totals $7,986,260.00 $7,148,422.12 $7,934,919.77 11 PARK ENTRY SIGNAGE EA 6 $22,700.00 $136,200.00 $40,981.00 $245,886.00 $22,706.64 $136,239.94 12 TRAILHEAD SIGNAGE(2 SIGNS) EA 1 $100,000.00 $100,000.00 $0.00 $0.00 $4,590.96 $4,590.96 13 WAYFINDING SIGNAGE(1SIGN) EA 4 $8,940.00 $35,760.00 $25,167.00 $100,668.00 $5,831.76 $23,327.04 14 GATEWAY MONUMENT EA 1 $7,600.00 $7,600.00 $52,650.00 $52,650.00 $29,158.80 $29,158.80 15 GATEWAY MONUMENT(COLUMNS&ARCHES) EA 1 $76,000.00 $76,000.00 $86,524.00 $86,524.00 $68,244.00 $68,244.00 16 COMMEMORATION SIGNAGE EA 12 $4,700.00 $56,400.00 $22,698.94 $272,387.28 $4,590.96 $55,091.52 CONCRETE WALKWAY-INTEGRAL COLOR(INCLUDES SU B- 17 GRADE PREP I TRAILHEAD) SF 1380 $14.00 $19,320.00 $13.89 $19,168.20 $31.02 $42,807.60 CONCRETE WALKWAY-ROCK SALT FINISH(INCLUDES SUB- IS GRADE PREP I AT MINORTRAILHEAD) SF 700 $14.00 $9,800.00 $14.46 $10,122.00 $31.02 $21,714.00 19 CONCRETE PAINT FINISH(ON CONCRETE) SF 3100 $44.00 $136,400.00 $43.39 $134,509.00 $24.82 $76,942.00 FLAGSTONE PAVING(INCLUDES SUB-GRADE PREP,ON 4 IN 110 CONCRETE BASE I AT MINOR TRAILHEAD) SF 170 $18.00 $3,060.00 $57.86 $9,836.20 $37.22 $6,327.40 Ill SEATWALLS:CONCRETE 18"WIDE X 18"HT. LF 40 $340.00 $13,600.00 $115.71 $4,628.40 $183.64 $7,345.60 SITE FURNISHINGS(EXCLUDES MISCELLANEOUS PARK 112 AMENITIES AND SOFT BALL FIELD)(MULTI SITE) LS 1 $72,000.00 $72,000.00 $7,970.28 $7,970.28 $124,080.00 $124,080.00 Sub Totals $666,140.00 $944,349.36 $595,868.76 SHADE TREES,3-IN(INCLUDES INSTALLATION,SOIL,STAKES J1 &WARRANTY) EA 116 $1,200.00 $139,200.00 $824.97 $95,696.52 $1,538.59 $178,476.44 PALM TREES-3-IN(INCLUDES INSTALLATION,SOIL,STAKES& J2 WARRANTY) EA 34 $1,200.00 $40,800.00 $1,040.83 $35,388.22 $1,240.80 $42,187.20 ORNAMENTAL TREES(INCLUDES INSTALLATION,SOIL, J3 STAKES&WARRANTY) EA 39 $600.00 $23,400.00 $430.66 $16,795.74 $1,085.70 $42,342.30 TREE BUBBLERS IRRIGATION(TWO PER TREE/INCLUDES J4 MAIN LINE,LATERAL PIPES,&VALVES) EA 378 $15.00 $5,670.00 $155.55 $58,797.90 $217.14 $82,078.92 J5 SHRUBS-3-GAL EA 1381 $80.00 $110,480.00 $48.70 $67,254.70 $52.11 $71,963.91 J6 SHRUBS-5-GAL EA 192 $90.00 $17,280.00 $44.39 $8,522.88 $73.21 $14,056.32 J7 SHRUBS-10-GAL EA 38 $110.00 $4,180.00 $78.29 $2,975.02 $134.01 $5,092.38 HYDROMULCH REVEGETATION-NATIVE GRASS SEEDING (COMMON BERMUDA,INCLUDES 18 WATERING/ESTABLISHMENT) SY 13900 $11.00 $152,900.00 $9.72 $135,108.00 $1.24 $17,236.00 SOD:(INCLUDES 3-IN TOPSOIL,SOD,AND FULL COVERAGE J9 IRRIGATION) SY 11470 $12.00 $137,640.00 $10.53 $120,779.10 $21.34 $244,769.80 J10 DRIP IRRIGATION SY 2830 $8.00 $22,640.00 $63.79 $190,525.70 $35.29 $99,870.70 J11 DECOMPOSED GRANITE(INCLUDESSUB GRADE PREP) SF 16355 $10.00 $163,550.00 $7.78 $127,241.90 $7.26 $118,737.30 J12 LANDSCAPE STEEL EDGING LF 1855 $25.00 $46,375.00 $19.45 $36,079.75 $23.08 $42,813.40 MISC.IRRIIGATION ALLOWANCE(CONTROLLER,VALVES, J13 ETC.)(MULTI SITE) AL 1 $25,000.00 $25,000.00 $22,500.00 $22,500.00 $35,015.38 $35,015.38 J14 IRRIGATION SLEEVE ALLOWANCE(MULTI SITE) AL 1 $17,000.00 $17,000.00 $15,000.00 $15,000.00 $12,408.00 $12,408.00 Sub Totals $906,115.00 $922,665.43 $1,007,048.05 K1 ELECTRICAL SERVICE AND HARDWARE(M ULTI SITE) LS 1 $804,000.00 $804,000.00 $792,284.00 $792,284.00 $905,784.00 $905,784.00 K2 UNANTICIPATED ELECTRICAL IMPROVEMENTS ALLOWANCE AL 1 $32,000.00 $32,000.00 $32,000.00 $32,000.00 $32,000.00 $32,000.00 Sub Totals $836,000.00 $824,284.00 $937,784.00 � 1 SOFTBALL FIELD(PER PLANS-I INCLUDE DUGOUTS, EQUIPMENT,FURNISHINGS,FENCE,SOD,INFIELD MATERIAL, L1 AND OTHERS AS SHOWN IN PLANS) LS 1 $268,000.00 $268,000.00 $366,784.00 $366,784.00 $707,392.49 $707,392.49 Sub Totals w- $268,000.00 $366,784.00 $707,392.49 Grand Total m $16,497,423.00 $16,868,000.00 $17,948,187.25 NFegco 9T oF�'O9 ..,t ��f • 1. � � f N �t�,?��O �� �iNNFBACp ST LAKE ST EKE ST•� � �%g y _ y� '' O �Q�j: 1� �' f• i7 d z - y '.�' WINNE8AG0 ST " •, [.mil i '� �•'' • • re �p � � 1� � y �'}} f S t s .MIY.� 7 Legend - 1. Dr HJ Williams Memorial Park (Hillcrest Park) Cn COMANCHE 2. T.C.Ayers Park ' Y 3. Washington Coles Park - r 4. Ben Garza Park OWARD ST > R '.j. *•. $1` Hike and Bike Trail � ,•.•� � �. Trailhead 5. Northside Aquatics Center o { t CITY COUNCIL EXHIBIT HARBOR BRIDGE PARKS MI TIGATION CITY of CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES FY 26 thru FY 28 Capital Improvement Plan Project Pages Corpus Christi, Texas JJ BEN GARZA PARK W halff Project# 24411 Project Name Harbor Bridge Mitigation-Ben Garza Park Contact Director of Parks&Recreation Department Parks&Recreation Type Improvement/Additions Category Park Mitigation Priority Priority Level 1 Status Active Useful Life 25 years Council District 1 Description Ben Garza Park will be a part of the Harbor Bridge Mitigation park projects located off Coke and Howard streets.This project will focused on construction and development of a park that will have a sidewalk trail,renovated basketball court,and resurfaced parking lot near the Basketball Pavilion and Gymnasium that are currently located in this area. justification To manage and maintain parks,beaches open spaces and recreational facilities for the community.To provide recreational,social and cultural programs and activities. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 2,613,120 0 0 0 2,613,120 Eng,Admin Reimbursements 273,000 0 0 0 273,000 Professional Services 38,588 0 0 0 38,588 Total 2,924,708 0 0 0 2,924,708 Funding Sources Prior FY 26 FY 27 FY 28 Total Certificates of Obligation(Prior) 1,966,116 0 0 0 1,966,116 G.O.Bond Prior 170,416 0 0 0 170,416 Metropolitan Planning Organization 788,176 0 0 0 788,176 Total 2,924,708 0 0 0 2,924,708 Budget Impact An assessment will be done upon completion of project to determine maintenance costs. FY 26 thru FY 28 Capital Improvement Plan Project Pages Corpus Christi, Texas ►ti DR.H.J.WILLIAMS PARK •,•;halff Project# 24412 Project Name Harbor Bridge Mitigation-Dr.H.J.Williams Park Contact Director of Parks&Recreation Department Parks&Recreation Type Improvement/Additions Category Park Mitigation Priority Priority Level 1 Status Active Useful Life 25 years Council District 1 Description Dr.H.J.Williams park will be a part of the Harbor Bridge Mitigation park projects and located off Nueces,Peabody and Kennedy streets.This project will focused on construction and development of a park that will have large sidewalk trail,new playground and park amenities,covered basketball courts and community gardens,large grassy areas for actives and picnics,restroom and parking lot. justification To manage and maintain parks,beaches open spaces and recreational facilities for the community.To provide recreational,social and cultural programs and activities. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 2,810,459 0 0 0 2,810,459 Eng,Admin Reimbursements 292,500 0 0 0 292,500 Professional Services 26,168 0 0 0 26,168 Total 3,129,127 0 0 0 3,129,127 Funding Sources Prior FY 26 FY 27 FY 28 Total Certificates of Obligation(Prior) 1,919,343 0 0 0 1,919,343 G.O.Bond Prior 362,085 0 0 0 362,085 Metropolitan Planning Organization 847,699 0 0 0 847,699 Total 3,129,127 0 0 0 3,129,127 Budget Impact An assessment will be done upon completion of project to determine maintenance costs. FY 26 thru FY 28 Capital Improvement Plan Project Pages Corpus Christi, Texas Project# 24413 Project Name Harbor Bridge Mitigation-North Beach Trail Contact Director of Parks&Recreation Department Parks&Recreation Type Improvement/Additions Category Park Mitigation Priority Priority Level 1 Status Active Useful Life 25 years Council District 1 Description New approximately 2.9 mile hike and bike trailhead as part of the Harbor Bridge Mitigation park projects that will connect he newly established Washington Coles Park to the Harbor Bridge multi-mobile path linking them to North Beach.This trail will also provide connectivity to H.J.Williams Park Justification To manage and maintain parks,beaches open spaces and recreational facilities for the community.To provide recreational,social and cultural programs and activities. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 696,258 0 0 0 696,258 Eng,Admin Reimbursements 72,500 0 0 0 72,500 Professional Services 22,713 0 0 0 22,713 Total 791,471 0 0 0 791,471 Funding Sources Prior FY 26 FY 27 FY 28 Total Certificates of Obligation(Prior) 472,519 0 0 0 472,519 G.O.Bond Prior 108,945 0 0 0 108,945 Metropolitan Planning Organization 210,007 0 0 0 210,007 Total 791,471 0 0 0 791,471 Budget Impact An assessment will be done upon completion of project to determine maintenance costs. FY 26 thru FY 28 `� Capital Improvement Plan Project Pages J 1• Corpus Christi Texas " ' Project# 24414 Project Name Harbor Bridge Mitigation-T.C.Ayers Park Contact Director of Parks&Recreation Department Parks&Recreation Type Improvement/Additions Category Park Mitigation Priority Priority Level 1 Status Active Useful Life 25 years Council District 1 Description T.C.Ayers Park will be a part of the Harbor Bridge Mitigation park projects located off Lake and Winnebago streets.This project will focused on construction and development of a park that will have a sidewalk trail,landscaping,shade trees,restrooms,splash pad,softball field,and lighting for pedestrian and softball field. justification To manage and maintain parks,beaches open spaces and recreational facilities for the community.To provide recreational,social and cultural programs and activities. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 988,505 0 0 0 988,505 Eng,Admin Reimbursements 102,500 0 0 0 102,500 Professional Services 25,544 0 0 0 25,544 Total 1,116,549 0 0 0 1,116,549 Funding Sources Prior FY 26 FY 27 FY 28 Total Certificates of Obligation(Prior) 431,100 0 0 0 431,100 G.O.Bond Prior 387,293 0 0 0 387,293 Metropolitan Planning Organization 298,156 0 0 0 298,156 Total 1,116,549 0 0 0 1,116,549 Budget Impact An assessment will be done upon completion of project to determine maintenance costs. FY 26 thru FY 28 ^^ _ Capital Improvement Plan Project Pages Corpus Christi, Texas i 6 WASHINGTON COLES PARK halfF Project# 24415 Project Name Harbor Bridge Mitigation-Washington Coles Park Contact Director of Parks&Recreation Department Parks&Recreation Type Improvement/Additions Category Park Mitigation Priority Priority Level 1 Status Active Useful Life 25 years Council District 1 Description Washington Coles Park will be a part of the Harbor Bridge Mitigation park projects and will be located of Sam Rankin and Alameda street.This project will focus on design and development of a park that will include a stage and seating,covered pavilion and vendor space,trails,Food Truck area, restrooms,large parking lot and other park amenities. justification To manage and maintain parks,beaches open spaces and recreational facilities for the community.To provide recreational,social and cultural programs and activities. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 9,389,081 0 0 0 9,389,081 Eng,Admin Reimbursements 955,276 0 0 0 955,276 Professional Services 124,670 0 0 0 124,670 Total 10,469,027 0 0 0 10,469,027 Funding Sources Prior FY 26 FY 27 FY 28 Total Certificates of Obligation(Prior) 7,076,894 0 0 0 7,076,894 G.O.Bond Prior 560,171 0 0 0 560,171 Metropolitan Planning Organization 2,831,962 0 0 0 2,831,962 Total 10,469,027 0 0 0 10,469,027 Budget Impact An assessment will be done upon completion of project to determine maintenance costs. Harbor Bridget Park Mitigation Project Breakdown by Project Names Project Name Dept Org Account Activity No. Amount 24411 — Ben Garza Park 27 89 550910 24411 $2,613,120.00 24412 — Dr. H.J. Williams Park 27 89 550910 24412 $2,810,459.00 24413— North Beach Trail 27 89 550910 24413 $696,258.00 24414—T.C. Ayers Park 27 89 550910 24414 $988,505.00 24415—Washington Coles Park 27 89 550910 24415 $9,389,081.00 Total $16,497,423.00 Corpus I *-. -r si Engineering Harbor Bridge Parks Mitigation Construction Services Contract (Bond 2014, Proposition 1 ) '. Council Presentation August 12, 2025 #Agikk Project Location If*Ch, Engineering e IAK£ST UkE M yy��AP � 'Zy WINN£80fA ST I r __- v • L. Legend 1. Dr HJ Williams Memorial Park (Hillcrest Park) 2. T.G.Ayers Park 3. Washington Coles Park i1l1t(�1 4. Ben Garza Park HownRo sr ,: " ._ IS' Hike and Bike Trail Trailhead _ §wtl- 5. Northside Aquatics Center Project Scope Corpus Chr sti Engineering The Harbor Bridge Parks Mitigation Plan was developed by agreements between the Federal Highway Association, Texas Department of Transportation (TXDOT), and the Corpus Christi Housing Authority to mitigate the impacts to the parks and neighborhood from the construction of the new Harbor Bridge. The park mitigation project addresses impacts on the former Washington Elementary School site and the three existing City Parks: TC Ayers Park, Ben Garza Park, and Dr. HJ Williams Memorial Park (Hillcrest Park), Hike and Bike Trail and North Beach Trailhead. The total estimated costs for Harbor Bridge Parks Mitigation Improvement Projects are $16,497,423.00 for which TXDOT and Federal Funds for this project to maximum total of $4,976,000.00. Project Schedule *hr Engineering PROJECT TIMELINE: M2025-2026 January - February March -August September-September Design BidlAward Construction Project schedule reflects City Council award in August 2025, with anticipated construction completion by September 2026 Project Schedule (Cont'd ) Hillcrest Parks and the Connectivity Y Trail System Corp*Ch, Engineering Construction Start1. - Employee New • • --s Construction End Advertisement On-Boarding Date/Opening September 1 1 . 1 . - September1 41 The project schedule reflects that all six projects will be in simultaneous construction. To support this, we will hire ten new Parks and Recreation employees in 3 months including 8 Park Tech I's & 2 Park Tech H's to maintain and operate the updated Hillcrest Parks and the Connectivity Trail System. The hiring process will begin with employee advertisements in June 2026 and the onboarding of new staff in July 2026. The total maintenance and operational budget for both the Hillcrest Parks and the Connectivity Trail System will be $926,000. Project Schedule (Cont'd ) T.C. Ayers Aquatic Center *Ch, Engineering Eonstruction Start Date mploy ee New Employees • • • Advertisement On-Boarding Date/Opening O ••- 1 April2026 May 2026 October 2026 The project schedule reflects the construction and staff hiring of the T.C. Ayers Aquatic Center. To support this facility, we will hire 2 Full-Time Parks and Recreation employees. These positions are budgeted for 3 months. Staff members include 1 Assistant Program Manager and 1 Pool Mechanic to maintain and operate the new Aquatic Facility. The hiring process will begin with employee advertisements in April 2026 and the onboarding of new staff in May 2026. The total maintenance and operational budget for the Aquatic Center will be $284,000. WASHINGTON COLES Corpus Chr sti �� Engineering Resircom 2 Pedestrian Esplanade Covered O Air Pavlllnn Fcod Truck Court Ill\ pen- Commemoration Elements V e nd 5eadngor SA ' _P-adcing-('1,to) l� J�P_2v9d Smp Area - � O� -- � iCapacity±2,500) N ALAMECIA STREET LAKE STREET Shatle Sails _ k, - i — - -- Ampbit at., mo _ � LIB m a ir_ m Am � l' ma sP M T Ih ad Plaza SAM RANKIN STREET IAKE_STREET P II 1 P king! Trail head 1a Entrance on the j-'�. / \ Extra Fend Tmak %�(l Ea�bnr Brldgp W11—dal Path J Parking M WASHINGTON COLES PARK halff #Agikk DR H .J . WILLIAMS Corpus Chr sti Engineering AT PEABDY AVE A DMINT NST. AT PEA800Y AV E.AND MINTON ST. PEABODY AVENUE Resurtace Eu sfing Basketball Gourt - Result:D.:: ,Perking Lot Existing utilities Structure to Remain Proposed Playground Proposed Shade Structure Proposed Community Garden Over Bask tb II G_aurt ProRosed Sdawalks h- al Prop - Proposed Restroom Strudur nr "yy.. Proposetl Park BDr.HJWlliams Y Memorial II N PrpP dT ell s: Sr tune ' jam w 1, KENNEDr AVENUE Proposed Sh d T.TC Ex sfn9 T t Trees dyl,) nyers Prop e d P'cnic Table on Remain(typ.) Concrete Pad wl BBQ Grill(typ.) Propo ed Exercise Station on Cone.Pad(typ.(I 7-7 DR. H.J. WILLIAMS PARK halff BEN GARZA Corpus cnrsti Engineering Trailhead n ua:{,°Re�eaiaae M Slgnage) m Proposed Picnic Tables Cc on Concrete Padawn(TyPanel A Sidewalks(Plaza Lawn Panel M Park Entry Plaza Proposed Parking(42) Enhanced Building Walkway HOSTREET Parking Wayfinding Monument Playground _r° m s Loop Trail _ 0 �i o +.,Mt m Exist'ing Tree to Remain(Typ.) Resurface '�l m , t.. Existing Existing To Agandoned Gymnasium Basketball dR ROW Pavilion I 1I BEN GARZA PARK ;i; halff #Agikk T. C . AYERS C*Ch, Engineering !. LAKE STREE7 /�'NFe CommemoraP�on � � � ��k Elements Loop Trail Softball Field j Overhead Electric T' ICI wl w 111 w Y 10 �p US CH Y h A s _ 7 d ��- -ram � �►,, `. �� Ff * W #Agikk North Beach Trailhead* Corpus Chrsd Engineering - - v s rv.[1DT - :II Lrossmg I i K[w—n �.x Pork * Also referred to as the Freedom trail 12 se 0 0 PH U AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of August 19, 2025 1852 DATE: August 19, 2025 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(u-)-cctexas.com (361) 886-2603 Peter Collins, Chief information Officer of Information Technology PeterC(u-)-cctexas.com (361) 826-3735 Sergio Villasana, Director of Finance and Procurement SergioV2(u-)-cctexas.com (361) 826-3169 Purchase of 25 Mobile Computers with Dash Camera Systems for the Corpus Christi Police Department CAPTION: Motion authorizing the purchase of 25 replacement Panasonic mobile data computers with dash camera systems from Turn-Key Mobile, Inc., of Jefferson City, Missouri, through the Texas Department of Information Resources, in the amount of$467,975.00 for the Corpus Christi Police Department, with FY 2025 funding in the amount of $103,000.00 from the Fleet Equipment Replacement Fund and $364,975.00 from the Crime Control and Prevention District Fund. SUMMARY: This item is a motion to approve the purchase of 25 replacement Panasonic mobile data computers with dash camera systems for the Corpus Christi Police Department's (CCPD) patrol vehicles. BACKGROUND AND FINDINGS: Marked patrol vehicles require a public safety radio to receive dispatch communications and communicate with other officers. In addition, marked patrol vehicles require a mobile data terminal, dash cameras, and a mobile connection back to the Corpus Christi Police Department (CCPD) network to receive calls for service, capture criminal activity for prosecutorial purposes, and generate offense reports. This item is part of an FY 2025 Budget Initiative for the purchase of 75 Police vehicles and upfitting. 72 of the 75 Police vehicles were approved for purchase by the City Council in February 2025 and the remaining three Police vehicles were approved for purchase by the City Council in July 2025. With this item, the Corpus Christi Police Department (CCPD) will purchase 25 replacement Panasonic mobile data computers with dash camera systems for CCPD patrol vehicles. This equipment will allow CCPD to fully upfit 25 replacement Ford F-150 Responders that were approved for purchase by the City Council in February 2025. CCPD previously received City Council approval to order 50 of the 75 Panasonic mobile data computers with dash camera systems in March 2025 (the upfitting costs for those 50 vehicles were part of the purchase of 75 Police vehicles that were approved by City Council in February 2025). This item is for the purchase of the equipment only. Staff will bring a subsequent item for an upfitting agreement for these 25 replacement Panasonic mobile data computers with dash camera systems once funding is identified for City Council consideration. The equipment will be installed Gulf Coast Fleet and Truck Equipment, of Corpus Christi, which is certified as an emergency vehicle upfitting company. Once the 25 replacement Ford F-150 Responders are upfitted and delivered, CCPD will have 240 marked patrol units available to serve the community. This increase is in line with CCPD's optimum fleet goal of 240 marked units. The purchase of the 25 replacement Panasonic mobile data computers with dash camera systems also includes accompanying equipment and software. The equipment has a five-year warranty. With the purchase of these 25 Panasonic mobile data computers with dash camera systems, all 75 Police vehicles from the FY 2025 Budget Initiative are estimated to be delivered and in service by spring 2026 (the first 50 are expected to be delivered and in service in the fall of 2025). PROCUREMENT DETAIL: The purchase of 25 replacement Panasonic mobile data computers with dash camera systems from Turn-Key Mobile, Inc., of Jefferson City, Missouri are being procured through the Texas Department of Information Resources Cooperative (DIR). Contracts awarded through the cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Procurement conducted a competitive cost comparison for the 25 Panasonic mobile data computers with dash camera systems. The table below provides a cost comparison between two other competitive cooperatives (OMNIA and NASPO) that provide the same equipment as the DIR cooperative. Co-op Price Co-op Price Variance $ Variance % DIR $467,975.00 OMNIA $555,800.00 -$87,825.00 -15.8% DIR $467,975.00 NASPO $557,725.00 -$89,750.00 -16.1% ALTERNATIVES: The alternative is not to approve the purchase of 25 replacement Panasonic mobile data computers with dash camera systems; however, this will mean that 25 CCPD patrol vehicles will not have mobile data computers with dash camera systems. This will result in 25 patrol vehicles not being able to be placed into service. FISCAL IMPACT: The FY 2025 fiscal impact for the purchase of 25 replacement Panasonic mobile data computers with dash camera systems will be in the amount of $467,975.00, with $103,000.00 coming from the FY 2025 Fleet Replacement Fund and $364,975.00 coming from the FY 2025 Crime Control and Prevention District Fund. Funding Detail Fund 5111 Fleet Replacement Fund Organization/Activity: 11701 Department: 13 Project # (CIP Only): N/A Account: 550020 Amount: $103,000.00 Fund 9010 Organ ization/Activity: 11717 Department: 29 Project # (CIP Only): N/A Account: 550020 Amount: $364,975.00 RECOMMENDATION: Staff recommends approval of the purchase of 25 replacement Panasonic mobile data computers with dash camera systems, as presented. LIST OF SUPPORTING DOCUMENTS: Quote TURN-KEY MOBILE, INC. Turn-Key 4510 Country Club Drive Mobile, Inc. Jefferson City,Missouri 65109 Estimate Estimate# :EST-14304 Sales person/ISS :Matt Griffin Estimate Date :06/25/2025 Created By(ISS) :Terry Cage Expiry Date :08/01/2025 Purchase Contracts :Texas DIR-CPO-4697 I-Pro TX& OK,Texas DIR-CPO-4846-Cyber Security hardware,software, and services,Texas DIR-CPO- 5225 Bill To Ship To City of Corpus Christi City of Corpus Christi PO Box 9277 5352 Ayres Building 5 Corpus Christi Texas 78469-9277 Corpus Christi, 78415 Texas # Item&Description Qty Rate Amount 1 Contract-Texas DIR-CPO-5225 1 0.00 0.00 Texas DIR Contract#DIR-CPO-5225 Panasonic Corporation of North America 2 CF-33YZ-OPBM 25 3,623.00 90,575.00 Panasonic M1<4 BSKU,Win11 Pro,Intel Core 6-13451-1 vPro(up to 4.7GHz),AMT,12.0in QHD Gloved Multi Touch+Digitizer,16GB,Intel Iris Xe,512GB OPAL SSD,Intel Wi-Fi 6E, Bluetooth,Dual Pass(Ch1:none/Ch2:none),Mic and Infrared 2MP Webcam,8MP Rear Camera,Fingerprint(AD),Barcode,Standard Batteries(2),TPM 2.0,Flat,FZ-SVCTPNF3YR- 3 Year Protection Plus Warranty,FZ-SVC512SSD3Y-3 Year No Return of Defective Drive, CF-SVCPDEP3Y-3 Year Premier Deployment,FZ-SVCFESGEN10-Field Engineering Support 3 CF-SVCPSY5 25 611.00 15,275.00 Panasonic Service Bundle 4th and 5th years Public Safety Service Bundle Add on(Year 4& 5 only). Must be purchased in conjunction with PS bundle base unit.lncludes Premier, Protection Plus,Customer Portal,Disk Image Management,HDD No Return 4 CF-LNDDC120 25 155.00 3,875.00 Panasonic CF-LNDDC120 Auto Adapter-120 W-12 V DC Input FOR TB W/CIGARETTE LIGHTER ADAPTER 5 GJT-33-TVDO 25 1,400.00 35,000.00 Gamber Johnson Triml-ine Premium Tablet Vehicle Dock(no pass)for the CF-33 tablet only.USB(6),Serial,LAN(2),HDMI,VGA. Features two top USB ports for easy access.Not compatible when tablet is equipped with Quick-release SSD or Long Life Batteries. 6 PAN WARRANTY 2 25 0.00 0.00 TKM GAMBERJOHNSON Dock 4th and 5th year extended Warranty per dock 7 IK-88-TP-USB-P 25 350.00 8,750.00 Panasonic iKey Full Travel Keyboard-Cable Connectivity-USB InterfaceTouchPad- Emergency,Adjustable Backlighting Hot Key(s)INTEGRATED TOUCHPAD&USB CABLE 8 7160-0857 25 150.00 3,750.00 GAMBER JOHNSON Low Profile Quick Release Keyboard Tray 9 Contract-Texas DIR-CPO-4697 I-Pro TX&OK 1 0.00 0.00 i-PRO Contract#DIR-CPO-4697 STATE OF TEXAS DIR PROCUREMENT CONTRACT For use in OK&TX 10 WJ-VPU4000 25 3,384.00 84,600.00 i-PRO VPU4000 RECORDING UNIT ONLY(Includes Wireless LAN 1,Wireless LAN 2,BT, Common Trigger) [For each WJ-VPU4000 vehicle,include IPS-ICV4-ACC along with a Front (WV-VC35)and Back Seat(WV-VC31)camera] 11 IPS-ICV4-ACC 25 800.00 20,000.00 i-PRO ICV4000 ACCESSORY KIT FOR VPU4000,256GB SSD W/AES,POWER DISTRIBUTION BOX,BATTERY BACKUP,25'ETHERNET BLACK,25'ETHERNET YELLOW,25'ETHERNET LT. BLUE,IN-CAR MICROPHONE,ETHERNET BRACKET 12 WV-VC35 25 990.00 24,750.00 I-PRO ARBITRATOR WIDE ANGLE FULL HD FRONT CAMERA FOR i-PRO IN-CAR VIDEO SYSTEM [Built-In G-force sensor]W/O Ethernet Cable Order Notes: # Item&Description Qty Rate Amount 13 WV-VCR40W 25 557.00 13,925.00 i-PRO BACK SEAT/REAR/SIDE CAMERA WITH CONFIGURABLE IR AND STANDARD MOUNTING BRACKET,NOT INCLUDING ETHERNET CABLE 14 IPS-ICV4-ANT-BL 25 387.00 9,675.00 PANORAMA SHARK FIN FOR ICV4000,4 WLAN,1 BT,1 GPS BLACK,6.77"X2.4"BOLT-ON 15 IPS-ICV4-256SSD 25 150.00 3,750.00 I-PRO 256GB RUGGED SSD FOR VPU4000 W/PULL TAB,W/AES ENCRYPTION 16 IPS-ICV-UDE-OP5 25 792.00 19,800.00 i-PRO ICV UDE ON-PREMISE DEVICE LICENSE FOR 5 YEARS,INCL.DEVICE MANAGEMENT, LIVE STREAMING AND REDACTION.SERVICE ENTITLEMENTS:24X7 HELP DESK,SOFTWARE MAINTENANCE AND SUPPORT. 17 IPS-ICV4-WTY-5Y 25 487.00 12,175.00 Panasonic I-PRO EXTENDED WARRANTY YEAR 4&5 FOR ONE VPU4000,ONE FRONT CAMERA AND ONE BACKSEAT CAMERA.WARRANTY DOES NOT INCLUDE ACCESSORIES SUCH AS WI-MIC,CABLES,ANTENNAS,DISTRIBUTION BOX AND BATTERIES. 18 ARB-M90 50 920.00 46,000.00 Panasonic 900 Mhz Wireless Mic Full Kit Includes:Transmitter,Receiver,Wiring Harness, Antenna,Charging Base(Stand and AC Adapter),Leather Pouch,and Lapel Microphone 19 WV-BWC40D1A 25 260.00 6,500.00 i-PRO BWC4000 SINGLE DOCKING CHARGER STATION ONLY. For in-station also order IPS- BWC-AC65W.For Vehilce installations also order IPS-BWC4-12V-WIRE and IPS-ICV- ETH25GRN 20 IPS-ICV-ETH-DOCK 25 39.00 975.00 i-PRO ICV 25'ORANGE STP NETWORK CABLE FOR BWC DOCK IN THE VEHICLE 21 IPS-BWC4-12V-WIRE 25 41.00 1,025.00 i-PRO BWC4000 12V VEHICLE HARNESS FOR WV-BWC40D1A OR WV-BWC40C1A 22 Contract-Texas DIR-CPO-4846 1 0.00 0.00 Contract-Texas#DIR-CPO-4846 Cradlepoint. Contract Expiration Date:01/25/28 23 TAA-MBA5-R980-5GD-FA 25 2,671.00 66,775.00 Cradlepoint 5-yr TAA Compliant NC Mobile Router Essentials Plan,Advanced Plan,and R980 FIPS 140-3 Router with WiFi(5G modem 4FF SIM slots,and embedded eSIM),no AC power supply or antennas,Global) 24 GP-IN2680 25 0.00 0.00 Panorama 7-IN-1 SHKFIN KIT-GPSD4-6-60-D+FITTED C29/C32 5M CABLES-BILK 25 Service Mobility Integration 4 200.00 800.00 TKM PROFESSIONAL SERVICES(HOURLY. NON-TRAVEL) Services Include but not limited to: *Collect&provide information necessary to develop a deployment plan that meets system requirements and customer needs. *Collaborate with project leaders such as ITAdmin,Network Admin,Training Officers, Vehicle Installer and Fleet Supervisor to plan a deployment process. *Facilitate integration following the defined Scope of Work. IMPORTANT: System Integration services do not include Networking configuration,Server room Power,Server Racking,unlicensed i-PRO devices and hardware not purchased /installed by TKM. Sub Total 467,975.00 Notes Total $467,975.00 Looking forward for your business. Authorized Acceptance Signature Order Notes: se o° a o� A F U NCOgpOPPT E AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 19, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E., Director of Water Systems and Support Services NickW(o)cctexas.com (361) 826-1796 Sergio Villasana, Director, Finance & Procurement SergioV2�cctexas.com (361) 826-3227 Purchase of Manhole Covers and Accessories CAPTION: Motion authorizing execution of a one-year supply agreement with Core & Main, LP, in St. Louis, Missouri, with an office in Corpus Christi, for an amount not to exceed $135,570.00 to purchase manhole covers and components for Corpus Christi Water, with FY 2025 funding of $22,595.00 from the Wastewater Fund. SUMMARY: This motion authorizes a one-year supply agreement with Core & Main LP. to purchase manhole covers, accessories, and risers to be stocked at the CCW Warehouse to be used on an as-needed basis for operational material needs. BACKGROUND AND FINDINGS: CCW uses manhole covers and risers to maintain and service corroded or damaged manhole covers throughout the city. Manhole covers degrade naturally overtime because of corrosion caused by the saline environment, corrosive sewer gases, and other natural processes. Manhole risers are used when regrading roads and repaving surfaces. Due to this product being used frequently, a supply agreement will allow CCW to keep a well-stocked inventory readily available. PROCUREMENT DETAIL: Finance & Procurement conducted a Request for Bid (RFB) process to obtain bids. The city received four responsive, responsible bids. Staff recommends the award to the lowest, responsive, and responsible bidder, Core & Main LP. The table below is a total price comparison from 2024 to 2025. 2024 2025 Dollar Difference Percentage $142,604.45 $135,570.00 $7,034.45 5% ALTERNATIVES: An alternative to accepting this bid would be to require CCW to purchase on an as-needed basis, which would result in a time delay due to the procurement process. FISCAL IMPACT: The fiscal impact for Corpus Christi Water for FY 2025 is $22,595.00 from the Wastewater Fund. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33400 Wastewater Collection System Department: 46 Wastewater Project # (CIP Only): N/A Account: 520130 Maint & repairs Amount: $22,595.00 RECOMMENDATION: Staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 6539 Manhole Covers&Lids Core&Main LP ACT Pipe&Supply STAline Waterworks Tenoch Distribution LLC Corpus Christi,TX Corpus Christi,TX Corpus Christi,TX San Antonio,TX Item Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Cover Sanitary 32"EJIW V1430C,or EA 10 $220.00 $2,200.00 $221.00 $2,210.00 $235.00 $2,350.00 $310.77 $3,107.70 Equivalent 2 V1420/1480Z1,or equivalent Ring Cover Manhole v EJIW EA 15 $410.00 $6,150.00 $407.00 $6,105.00 $430.00 $6,450.00 $613.37 $9,200.55 3 Cover&Ring Sanitary 24"EJIW EA 80 $365.00 $29,200.00 $369.00 $29,520.00 $400.00 $32,000.00 $559.14 $44,731.20 R&CV1168,or equivalent 4 Cover Sanitary 24"EJIW V1168,or EA 150 $188.00 $28,200.00 $191.00 $28,650.00 $205.00 $30,750.00 $288.70 $43,305.00 equivalent 5 Manhole Riser EM5237520104A 1710H EA 30 $240.00 $7,200.00 $238.00 $7,140.00 $255.00 $7,650.00 $359.81 $10,794.30 Adj Riser 23.75°X2°X1°EJ,or equivalent 6 Manhole Riser EM5237520154A 1710H EA 20 $240.00 $4,800.00 $238.00 $4,760.00 $255.00 $5,100.00 $359.81 $7,196.20 Adj Riser 23.75"X2"X1.5",or equivalent 7 Manhole Riser EM5237520204A 171 OH EA 20 $240.00 $4,800.00 $238.00 $4,760.00 $255.00 $5,100.00 $359.81 $7,196.20 Adj Riser 23.75°X2°X2°EJ,or equivalent 8 Manhole Riser EM2237520254A 171 OH EA 20 $275.00 $5,500.00 $273.00 $5,460.00 $290.00 $5,800.00 $412.41 $8,248.20 Adj Riser 23.75"X2"X2.5",or equivalent 9 Manhole Riser EM2237520304A 171 OH EA 20 $275.00 $5,500.00 $273.00 $5,460.00 $290.00 $5,800.00 $412.41 $8,248.20 Adj Riser 23.75°X2"X3°EJ,or equivalent 10 Manhole Riser EM2237520354A 171 OH EA 20 $275.00 $5,500.00 $306.50 $6,130.00 $325.00 $6,500.00 $462.93 $9,258.60 Adj Riser 23.75°X2°X3.5,or equivalent 11 Manhole Riser EM222241234 Adj Riser EA 20 $308.00 $6,160.00 $306.50 $6,130.00 $325.00 $6,500.00 $462.93 $9,258.60 23.75°X2°X4.0°EJ,or equivalent 12 Manhole Riser EM122241245 Adj Riser EA 20 $345.00 $6,900.00 $344.00 $6,880.00 $363.00 $7,260.00 $577.48 $11,549.60 23.75"X2"X4.5"EJ,or equivalent 13 Manhole Riser EM122241245 Adj Riser EA 20 $345.00 $6,900.00 $344.00 $6,880.00 $363.00 $7,260.00 $577.49 $11,549.80 23.75"X2"X5.0"EJ,or equivalent 14 Manhole Riser EM122240369 Adj Riser EA 20 $380.00 $7,600.00 $412.00 $8,240.00 $435.00 $8,700.00 $635.94 $12,718.80 23.75°X2°X5.5°EJ,or equivalent 15 Manhole Riser EM122240369 Adj Riser EA 20 $448.00 $8,960.00 $451.00 $9,020.00 $476.00 $9,520.00 $757.51 $15,150.20 23.75"X2"X6.0"EJ,or equivalent Total $135,570.00 1 $137,345.00 1 $146,740.00 1 $211,513.15 ,bus c.� CO 0 H SUPPLY AGREEMENT NO. 6539 v Manhole Covers and Accessories "oeroRae� 1852 THIS Manhole Covers and Accessories Supply Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Core&Main LP ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Manhole Covers and Accessories in response to Request for Bid No. 6539 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Manhole Covers and Accessories in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $135,570.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Amanda Howard - Contract Funds Administrator Corpus Christi Water Phone: 361-826-1894 Email: AmandacCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Amanda Howard - Contract Funds Administrator Corpus Christi Water 2726 Holly Road, Corpus Christi, Texas 78415 Phone: 361-826-1894 Fax: 361-826-4495 IF TO CONTRACTOR: Core&Main LP Attn: Paul Rodriguez Branch Manager 6941 Leopard Street, Corpus Christi, Texas 78409 Phone: 361-289-1388 Fax: n/a 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR pwd 25. E",- kcez Signature. Paul D.Rodriguez(Jun 4,20 14:52 CDT) Printed Name: Paul D. Rodriguez Title. Branch Manager Date. 06/05/2025 CITY OF CORPUS CHRISTI Sergio Villasana Director, Finance & Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 6539 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 Attachment A: Scope of Work 1 .1 General Reg uirements/Background Information The Contractor shall provide manhole covers and accessories such as rings, covers, and adjustable risers for Corpus Christi Water (CCW). Manhole risers are used when regarding roads and repaving surfaces. The manhole covers are used for existing and new service by CCW. 1 .2 Scope of Work A. The Contractor shall provide manhole covers and accessories on an as needed basis. B. All manhole covers must have one inch hole, pick slot, and be made of domestic steel. C. All manhole risers must be adjustable and compatible with the East Jordon Iron Works, which is used throughout the City of Corpus Christi. 1 .3 Delivery A. The Contractorshall ship products to CCW between 8:00 am and 5:00 pm, Monday through Friday, excluding City holidays, unless specific arrangements are made to: 2726 Holly Road Corpus Christi, TX 78415 B. All prices are F.O.B. destination, inside delivery to the CCW facility, freight prepaid. C. All manhole covers will be defect-free, properly packed, and shipped to ensure safe delivery. D. Receipt of products that do not conform to the specifications will not be accepted by CCW. E. CCW may cancel any backorders due to the Contractor's inability to deliver the product within the set timeframe. F. The Contractor shall pay and arrange for return shipment on any product that arrives in a defective, unusable, or inoperable condition at no cost to the City. Page 1 of 2 1 .4 Quality Control and Superintendence The Contractor shall ensure that the product and services meet quality standards and are acceptable to the city's Contract Administrator to assure that the requirements of the contract are provided as specified. The Contractorshall also provide supervision of the work to ensure it complies with the contract requirements. 1 .5 Sl2ecialInstructions Invoicing: A. All invoices must be itemized when submitted. B. Invoice must contain: 1 . Contract number 2. Purchase order number 3. City Point of Contact Page 2 of 2 Usc Attachment B: Bid/Pricing Schedule ' CITY OF CORPUS CHRISTI j ° CONTRACTS AND PROCUREMENT BID FORM n'0 RPOR S 0 RFB No. 6539 Manhole Covers and Accessories PAGE 1 OF 2 Date: May 23, 2025 Authorized Bidder: Core&Main LP 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. e. Bidder acknowledges option year's potential percentage of increases for all Items on initial year one. Initial One-Year Item Description Unit Qty Unit Price Total Price Cover Sanitary 32" EJIW V1430C, or 1 E uivalent EA 10 $220.00 $2,200.00 Ring Cover Manhole 32" EJIW 2 V 1420/148OZ 1, ore equivalent EA 15 $410.00 $6,150.00 Cover & Ring Sanitary 24" EJIW 3 R&CV 1 168, orequivalent EA 80 365.00 $29,200.00 Cover Sanitary 24" EJIW V1168, or 4 equivalent EA 150 $188.00 $28,200.00 Manhole Riser EM5237520104A 171 OH Adj 5 EA 30 Riser 23.75"X2"X 1" EJ, orequivalent $240.00 $7 200.00 Manhole Riser EM5237520154A 1710H Adj 6 Riser 23.75"X2"X1.5", orequivalent EA 20 $240.00 $4,800.00 7 Manhole Riser EM5237520204A 171 OH Adj EA 20 Riser 23.75"X2"X2" EJ, orequivalent $240.00 $4,800.00 3 I Manhole Riser EM2237520254A 171 OH Adj j 8 Riser 23.75"X2"X2.5", orequivalent EA 20 $275.00 $5,500.00 9 Manhole Riser EM2237520304A 171 OH Adj EA 20 Riser 23.75"X2"X3" EJ, orequivalent $275.00 $5,500.00 10 Manhole Riser EM2237520354A 171 OH Adj EA 20 Riser 23.75"X2"X3.5, orequivalent $275.00 $5,500.00 11 Manhole Riser EM222241234 Adj Riser EA 20 23.75"X2"X4.0" EJ, orequivalent $308.00 $6,160.00 12 Manhole Riser EM122241245 Adj Riser EA 20 23.75"X2"X4.5" EJ, orequivalent $345.00 $6,900.00 Manhole Riser EM 122241245 Adj Riser 13 23.75"X2"X5.0" EJ, orequivalent EA 20 $345.00 $6,900.00 Manhole Riser EM 122240369 Adj Riser 14 23.75"X2"X5.5" EJ, orequivalent EA 20 $380.00 $7,600.00 Manhole Riser EM 122240369 Adj Riser 15 23.75"X2"X6.0" EJ, orequivalent EA 20 $448.00 $8,960.00 Total $135,570.00 Option Years Percentage of potential Total Item Description Potential price Increase Option Year One Unable to Provide at this time 1 ALL ITEMS listed on initial one-year N/A N/A Option Year Two Unable to Provide at this time 2 ALL ITEMS listed on initial one- ear N/A N/A Attachment C: Insurance Requirements The City's Legal Department has recommended no insurance requirements for this particular scope of work. Page 1 of 1 Attachment D: Warranty Requirements Manhole covers found to be defective, unusable, or inoperable will be returned to the manufacturer at no cost to the City. Page 1 of 1 G� 0 H aoAPop,E° AGENDA MEMORANDUM xs5 Action Item for the City Council Meeting of August 19, 2025 DATE: August 19, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(u-)-cctexas.com (361) 826-3851 Nicholas Winkelmann, P.E, Director of Water Systems and Support Services NickW(o)cctexas.com (361) 826-1796 Sergio Villasana Jr, CPA CGFO, CIA, Director of Finance sergiov2(a)cctexas.com (361) 826-3227 Professional Services Contract ONSWTP Electrical Reliability Upgrades CAPTION: Motion authorizing a professional services contract to HDR Inc., of Corpus Christi, Texas, to evaluate AEP's recommended infrastructure improvements and the medium-voltage infrastructure at the O.N. Stevens Water Treatment Plant (ONSWTP) to recommend electrical reliability improvements and reduce service interruptions to plant operations in an amount up to$144,199.00, located in Council District 1, with FY 2025 funding available from the Water Capital Fund. SUMMARY: This motion authorizes approval of a professional engineering contract to evaluate and recommend solutions to improve electrical resiliency of the O.N. Stevens Water Treatment Plant for the ONSWTP Electrical Reliability Upgrades project. BACKGROUND AND PURPOSE: The O.N. Stevens Water Treatment Plant was constructed in the 1950s and has since gone through a few expansion and renovation projects to increase its capacity, providing safe and reliable water for the city of Corpus Christi. Approximately 35 billion gallons of water are treated each year. The ONSWTP is currently the City of Corpus Christi's only water treatment plant, making it imperative for public safety to maintain a minimum water pressure of 35 pounds per square inch during normal operating conditions, as required by TCEQ. Reliable electrical infrastructure is a critical necessity to meet TCEQ requirements and safeguard public health. When electrical outages occur at the ONSWTP, it results in high service pump shutdowns and subsequent pressure drops in the distribution system. Pressure drops in the water distribution system can cause backflow, which allows contaminants to infiltrate drinking water. This event poses a risk to public health and safety. The scope of services for this proposal is to evaluate and recommend solutions to improve electrical reliability and resiliency of the O.N. Stevens Water Treatment Plant. The evaluation of ONSWTP electrical reliability will be comprised of two main tasks: • The first task is to coordinate with AEP to evaluate their proposed infrastructure improvement solutions for reducing service interruptions to the plant and increasing the reliability of the power supply. HDR will review AEP's solutions and recommend modifications or alternatives to the AEP proposal. • The second and parallel task will focus on evaluating targeted on-site plant electrical distribution equipment to increase the reliability for current and future plant loading. PROJECT TIMELINE: August— February Evaluation The project schedule reflects City Council award in August 2025, with anticipated completion of the evaluation by February 2026. The design and construction phases of the project will be developed later depending on recommendations of the evaluation. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Qualifications on September 30, 2024, with RFQ Number 6146 for Professional Engineering Services for Capital Improvement Projects FY2025. The City received statements of qualifications from four firms and a technical evaluation was performed by the selection committee. The selection committee consisted of representatives from Corpus Christi Water (CCW) and Engineering Services. Firm ranks were based on three factors: 1. Experience of the firm 2. Experience of the key personnel with specific experience with similar projects 3. Understanding of Project Scope HDR, Inc., has been selected for this project based on its extensive experience and qualifications. With over 30 years as a Civil Engineering firm, HDR's notable projects for the City include the Mary Rhodes Pipeline Phase I Condition Assessment, Alameda Street, Packery Channel Dredging & Beach Nourishment, Packery Channel Harvey Repairs, Packery Channel Structural Damage Restoration, and a Comprehensive Feasibility Study for Seawall. ALTERNATIVES: City Council could choose not to award the contract to HDR, Inc. Not awarding the contract for professional services to HDR, Inc. will delay necessary improvements and may affect the ability to satisfy the safety, operational, and regulatory requirements. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2025 is an amount of $144,199 with funding available from the Water Capital Fund. FUNDING DETAIL: Fund: Water 2020 (Fund 4099) Department: Water (45) Org: Grants and Capital Projects (89) Account: Outside Consultants (550950) Activity: 23024 Amount $144,199.00 RECOMMENDATION: City Staff recommends approval of the professional services contract with HDR, Inc. in an amount not to exceed $144,199 for the ONSWTP Electrical Reliability Upgrades project. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Evaluation Matrix Proposal CIP Page Presentation RFQ No.6146 H6 ONSWTP Electrical Reliability Proposal Evaluation Score HDR Engineering,Inc. Ardurra Group Bath Group,LLC Halff Associates,Inc. _ City City City City Minimum Qualifications Pass/Fail Pass Pass Pass Pass Licensing/Certification MOMMMAW -1V No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years References Provided for Firm Minimum Qualifications Pass/Fail Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 11.0 8.3 8.3 8.3 6.6 Demonstrated capability&capacity on comparable projects 11.0 1 9.4 8.3 6.6 6.6 Past Performance 11.0 8.3 7.7 4.4 6.1 Team members with experience and qualifications 11.0 9.9 9.4 8.3 7.7 Team members experience with work of similar scope and complexity 11.0 8.8 8.8 8.3 7.2 Availability of resources to accomplish the work 11.0 8.8 8.8 8.3 7.7 Demonstrated understanding of the scope of services 17.0 15.3 14.5 12.8 12.8 Demonstrated understanding and experience with a public agency 17.0 14.5 13.6 11.9 11.1 Subtotal Technical Proposal 100.0 83.1 79.2 68.7 65.6 Total Score 100.0 83.1 79.2 68.7 65.6 Capital Improvement Plan 2025 thru 2027 City of Corpus Christi, Texas Project# 23024 Project Name ONSWTP Electrical Reliability Upgrades Type Improvement/Additions Department Water Useful Life 40 years Contact Director of Water Utilities Category Water Treatment Priority Priority Level 2 Council District 1 Status Active Desergptg®n This project will increase electrical reliability and resiliency of the ON Stevens Water Treatment Plant(ONSWTP)based on recommendations from Jacobs Engineering and AEP Texas.Project outcomes include reduced power outages and additional power capabilities to maintain water treatment and water distribution requirements. Justification Electrical reliability and resiliency are needed at ONSWTP because Power Control Room I(PCR I)is a single point of failure for the plant wide electrical system. The plant has also experienced numerous unplanned AEP outages in the recent past causing pressure drops in the distribution system. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 4,000,000 3,000,000 7,000,000 Design 700,000 700,000 Eng,Admin Reimbursements 35,000 200,000 150,000 385,000 Total 735,000 4,200,000 3,150,000 8,085,000 Funding Sources Prior Years 2025 2026 2027 Total Revenue Bonds 735,000 4,200,000 3,150,000 8,085,000 Total 735,000 4,200,000 3,150,000 8,085,000 Budget Impact/Other This project will provide operational resiliency for the ONSWTP.Operational budget impact should be improved through more efficient equipment and less downtime due to power outages. 349 F)� May 30, 2025 10409855 Mr. Jeff H. Edmonds, P.E., Director of Engineering Services City Of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 RE: ONSWTP Electrical Reliability Upgrades (Project No. 23024) Dear Mr. Edmonds, We appreciate another opportunity to work alongside the City of Corpus Christi on the O.N. Stevens Water Treatment Plant Electrical Reliability Upgrades project. This project first focuses on two main tasks. The first task is evaluation of AEP's recommended infrastructure improvements to reduce service interruptions to the ONSWTP. The second task is evaluation of medium-voltage infrastructure within the ONSWTP and recommended improvements. Until the recommended improvements have been identified for both tasks, the design-related tasks are deferred. A detailed scope of services (Exhibit A) is enclosed. In summary, HDR is requesting a not-to-exceed amount of$144,199.00 on a time-and-material basis as detailed in the Fee Summary for providing the services outlined in Exhibit A. If you have any questions, don't hesitate to contact us to discuss further. Sincerely, HDR ENGINEERING, INC. Samuel Saldivar, Jr., PE David C. Weston Civil Group Lead Vice President Cc: Edwin Santillan, P.E., City of Corpus Christi Enclosure: Exhibit A—Scope of Services Summary of Fees hdrinc.com 555 N. Carancahua,Suite 1600 Corpus Christi,TX 78401-0849 (361)696-3300 City of Corpus Christi 123024 ONSWTP Electrical Reliability Upgrades Exhibit A Exhibit A Scope of Services Project Description The goal of this project is to evaluate and recommend solutions to improve electrical reliability and resiliency of the ON Stevens Water Treatment Plant (ONSWTP). The evaluation of ONSWTP electrical reliability will be comprised of two main project tasks. The first task is to coordinate AEP to evaluate their proposed infrastructure improvement solutions for reducing service interruptions to the plant and increasing the reliability of the power supply. HDR will review AEP's solutions and recommend modifications or alternatives to the AEP proposal. The second and parallel task will focus on evaluating targeted on-site plant electrical distribution equipment to increase the reliability for current and future plant loading. Task 1.0—AEP Solutions Development and Coordination Objective: Act as the City's representative to communicate and coordinate with AEP on developing value- based engineering solutions required for the water plant to improve the quality, safety, reliability and maintaining accountability throughout the process. Activities: • AEP Monthly Meetings (Months 1 to 6, 6 mtgs virtual, 60 minutes) o HDR will initiate meetings, develop meeting minutes with action items • Review of existing AEP data including, but not limited to, outage reports, system one- lines, as-built construction documents, maps, proposed substation arrangement and past communications with ONSWTP. • Coordination communications, including emails and phone calls, with AEP to discuss solutions and recommendations. Deliverables: • Meeting minutes (PDF, letter format) • Documents received from AEP regarding recommended solutions of their system (PDF) • Relevant emails documenting AEP's development of solutions. (PDF) Task 1.1 —AEP Recommendations Evaluation Objective: Evaluate the proposed recommended solutions developed by AEP for feasibility and benefits to ONSWTP. City of Corpus Christi 123024 ONSWTP Electrical Reliability Upgrades Exhibit A Activities: • Coordinate and evaluate the most value-based engineering substation arrangement solution for the AEP-proposed solutions for infrastructure improvements • Evaluation will determine if solutions are likely to increase the reliability of the electric service to ONSWTP • Report summarizing HDR evaluation of the proposed AEP solutions • Meeting with City to present draft of report (1 mtg virtual, 60 min) Deliverables: • Report detailing the proposed AEP recommended solutions, evaluation of solutions, and recommendations. (PDF, letter format) • Relevant supporting documentation regarding the evaluation of solutions (PDF) Task 1.2—Task Management • Project Initiation o Initiation includes profile electronic folder set-up, creation of management documents, creation of safety documents, and communication plan. • Invoicing and Progress Reports o HDR will submit monthly progress reports and invoices. Progress reports will follow the City's Project Status Report template. • Project Metrics (schedule and budget) o HDR will monitor and track the performance of the project schedule and services budget monthly. HDR will report to the City if project metrics indicate a deviation from the planned project schedule and budget. • Project Kick-Off City Meeting (1 mtg virtual, 1 hour) • Project Kick-Off Internal HDR Meeting (1 mtg virtual, 1 hour) • City Bi-weekly Meetings (4 mtgs virtual, 1 hour) • Project Close-out o Includes a close-out procedure to verify HDR has completed and transmitted to the City deliverables as per an executed contract inclusive of amendments. Completing a final progress report and invoice and transmittal to City. Task 2.0—ONSWTP On-Site Evaluation Objectives: • Evaluate existing medium voltage electrical distribution system, identify equipment without a redundant power feed and provide recommendations for potential solutions to improve reliability. City of Corpus Christi 123024 ONSWTP Electrical Reliability Upgrades Exhibit A • Evaluate existing spare capacity based on 12-month peak demand recorded by AEP for future project loads and make recommendations to meet future demand as needed. • Evaluate design and implementation of new emergency generators to be performed by Exergy under a separate contract. Activities: • Site visit meeting and debrief (2 mtgs with City, 1 — 3 hr mtg in-person, 1 — 1 hr mtg virtual) • Develop recommendations for on-site improvements on medium voltage distribution system as depicted on overall One-Line Diagram (concept level). Recommendation includes the opinion of probable construction cost associated with the improvement(s) (Class V). • Review Exergy's drawings and specifications for the new emergency generators project. Attend meetings with Exergy design team and CCW staff to discuss project specifics (6 mtgs, virtual). Deliverables: • Draft Report summarizing site improvements (PDF, letter format) • City Meeting presentation of site improvements • Final Report summarizing site improvements (PDF, letter format) Task 2.1 —Task Management • Project Initiation o Initiation includes profile electronic folder set-up, creation of management documents, creation of safety documents, and communication plan. • Invoicing and Progress Reports o HDR will submit monthly progress reports and invoices. Progress reports will follow the City's Project Status Report template. • Project Metrics (schedule and budget) o HDR will monitor and track the performance of the project schedule and services budget monthly. HDR will report to the City if project metrics indicate a deviation from the planned project schedule and budget. • City Bi-weekly Meetings (4 mtgs virtual, 1 hour) • Project Close-out o Includes a close-out procedure to verify HDR has completed and transmitted to the City deliverables as per an executed contract inclusive of amendments. Completing a final progress report and invoice and transmittal to City. Task 3 —AEP Design Coordination (deferred to future task) City of Corpus Christi 123024 ONSWTP Electrical Reliability Upgrades Exhibit A • AEP/City Monthly Meetings • Progress reports to City Task 4— Design of ONSWTP Improvements (deferred to future task) • Monthly City Meetings • Design Milestones • Bidding • Construction Administration • Construction Observation Assumptions and Exclusions • HDR will attempt to facilitate encouragement of AEP progressing their action items and deliverables, but we are not responsible for their delays and impacts to the City project schedule. • HDR is currently assuming that AEP can provide updated solutions 3 months from initiating contact by the City-HDR team. Possible impact to schedule if AEP cannot provide updated solutions within this assumed period. • HDR does not take any responsibility for the quality of AEP engineering data or design solution outcome. HDR has no control of AEP utilizing equipment, design approaches, or quality control processes to implement a non-standard AEP solution. Therefore, AEP may present the same solution as previously submitted to the City. • HDR is only reviewing AEP's cost associated with their proposed solutions. HDR is not composing an independent cost of AEP's proposed solutions. • HDR is not including the design of electrical or non-electrical equipment which is not specifically listed in Exhibit A. The on-site evaluation (Task 2) is limited to the medium voltage system. • HDR assumes that the level of detail for the report evaluation of Task 1.1 AEP solution is similar to the Jacobs report, titled AEP Reliability Improvements Analysis, dated August 15, 2023, numbered WHXM0303. • This scope does not include the development of a full detail cost-benefit analysis of the AEP recommended solutions. Schedule Description Duration Notice-to-Proceed To Be Determined Task 1 HDR Draft Report Submittal 5 months from NTP Task 1 City Review 0.5 months from HDR Draft Report Submittal Task 1 HDR Final Report Submittal 0.5 months from City Review Description Duration Notice-to-Proceed To Be Determined Task 2 HDR Draft Report Submittal 3.5 months from NTP City of Corpus Christi 123024 ONSWTP Electrical Reliability Upgrades Exhibit A Task 2 City Review 0.5 months from HDR Draft Report Submittal Task 2 HDR Final Report Submittal 2 months from City Review Fee and Payment Method A) Not-to-exceed amount of$144,199.00 Method of Payment will be on a time and material basis. B) Summary of Fees Summary of Fees ONSWTP Electrical Reliability Upgrades(Project No. 23024) Basic Services: Original Contract Total Contract Fee 1.AEP Solutions Development and Coordination $ 66,329.00 $ 66,329.00 2.ONSWTP On-Site Evaluation $ 77,870.00 $ 77,870.00 Subtotal Basic Services Fees $ 144,199.00 $ 144,199.00 Additional Services: N/A $ - $ Subtotal Additional Services $ - $ Summary of Fees Basic Services Fees $ 144,199.00 $ 144,199.00 Additional Services Fees $ - $ Total of Fees $ 144,199.00 $ 144,199.00 j : nN�s �� wncs PROJECT LOCATION It W coccus Jk mreisn aN niec- CORPUS CHRISTI BAY r a`90 ua.ro ■ ■ d) �o oq FM I pAN �0 pQ�o N11 o�pq V Ir LOCATION MAP e NOT TO SCALE sign �r � F • 1 , O.N. STEVENS WATER TREATMENT PLANT . �' gRNRp J r 46 i di m tip k 1 AERIAL MAP 4 NOT TO SCALE PROJECT NUMBER: 23024 ONSWTP ELECTRICAL RELIABILITY CITY COUNCIL EXHIBIT UPGRADES CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES 3 O. N . Stevens Water Treatment PLant Electrical Reliability Upgrades Project Nicholas Winkelmann, P.E. Director, Water Systems and Support Services CcwSCherving Corpus August Zg, 2025 ith War eBend Background I . • The O.N. Stevens Water Treatment Plant(ONSWTP) is the City's only water treatment plant. • Expansion and renovation projects are underway to improve both resiliency and reliability of which power is a critical component. y a • When electrical outages occur at the ONSWTP, it results in high oH';pVT - service pump shutdowns and subsequent pressure drops in the distribution system. • Pressure drops in the water distribution system can cause backflow, which allows contaminants to infiltrate drinking Water. h This event poses a risk to public health and safety. _ • Reliable electrical infrastructure is a critical necessity to meet TCEQ requirements and safeguard public health. Project Location N I� r LOCATION MAP j O.N.STEVENS WATER TREATMENT PLANT AERIAL MAP 2 024 ONSWTP ELECTRICAL RELIABILITY CITY COUNCIL EXHIBIT CITY COUNCIL E UPGRADES DEPAaa, CToOPExCIN,EE IG�KEE ,__". CCW3 Project Scope - Evaluate and recommend solutions to improve electrical reliability and resiliency of the ONSWTP. The evaluation Will be comprised of two main tasks: • First task: Coordinate With AEP to evaluate their proposed infrastructure improvement solutions - for reducing service interruptions and increasing reliability of the power supply • HDR will review AEP's solutions and recommend modifications or alternatives - • Second and parallel task: Focus on evaluating targeted on-site plant electrical distribution equipment to increase reliability for current and future plant loading i Project Timeline August—February Evaluation Project schedule reflects City Council award in August 2025 with anticipated completion of the evaluation by February 2026. Design and construction phases will be developed later depending on recommendations from the evaluation. Staff Recommendation City staff recommends approval of a professional services contract with HDR, Inc. in an amount not to exceed $144,199 for the ONSWTP Electrical Reliability Upgrades project. The fiscal impact for Corpus Christi Water in FY 2025 is an amount of$144,199 with funding available from the Water Capital Fund. CCW-5 Thank you ! Corpus Christi Water- Serving the Coastal Bend se GO � O� A H "CORPOR^`E° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 19, 2025 DATE: August 19, 2025 TO: Peter Zanoni, City Manager FROM: Sergio Villasana, Director of Finance & Procurement sergiov2�CCTexas.com (361) 826-3227 City of Corpus Christi Investment Policy and Investment Strategies CAPTION: Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for the Fiscal Year 2025-2026. SUMMARY: The Public Funds Investment Act requires an annual review by the governing body of its investment policy and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments for Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the "Public Funds Investment Act". In accordance with the Public Funds Investment Act, the governing body must approve the City's investment policy annually. Last year, City Council approved the City's Investment Policy and Investment Strategies on August 27, 2024. Amendments are being made to the previous fiscal year's 2024-2025 Investment Policy and Investment Strategies document, with such amendments delineated and described below: (a) Under II. Scope, a change is made in the list following the last paragraph to delete the existing description for item A and replace it with the applicable `Escrow and Public Improvement District (PID) Accounts'. (b) Under VI. Delegation of Authority and Responsibility, subsection B is amended by (i) deleting the effective date because it was added last year as part of a change made to the committee's composition and is no longer applicable; and (ii) by adding the Director of Finance & Procurement. (c) Under VI. Delegation of Authority and Responsibility, a change is made under sub-section C. to remove the Director of Finance from the Investment Officers and add the Controller as an Investment Officer. (d) Under XVI. Investment Strategies, changes have been made under sub-section A. In the second paragraph and fourth paragraph, updating the maximum dollar-weighted average maturity (WAM) from `one year' to `two years'. The risk benchmark is also changed from the `one-year Treasury Bill' to `two-year Treasury Note'. (e) Under XVI. Investment Strategies, a change is made under sub-section B. to rename the Fund Strategy the `Escrow and Public Improvement District (PID) Fund Strategy'. Additionally, the next sentence is updated to reflect participation of escrow and PID accounts in this strategy; reference to The Bank of New York Mellon Trust Company and its agreement have been removed. The last item listed in the section has also removed the word `escrow'. (f) Under XVI. Investment Strategies, a change is made under sub- section C. to revise and correct the legal cites. (g) Under XVI. Investment Strategies, a change is made under sub- section C. The line `and the escrow agreement' is removed from the final item listed in this sub-section. The City's Investment Committee met on July 28, 2025, and approved the Investment Policy as presented, with changes. The Investment Committee is comprised of the City Manager, Assistant City Manager over Finance, Director of Management and Budget and two Council Members. David McElwain with Meeder Public Funds, the City's Investment Advisor, has also reviewed the Investment Policy and Investment Strategies. ALTERNATIVES: Make no changes to the Investment Policy. FISCAL IMPACT: N/A Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: The Investment Committee recommends approval of the resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2025-2026 as presented. LIST OF SUPPORTING DOCUMENTS: City of Corpus Christi Investment Policy and Investment Strategies 2025-2026 City of Corpus Christi Investment Policy and Investment Strategies 2025-2026 (Red Line version) Resolution Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2025-2026. WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were first adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously reviewed and reaffirmed for fiscal year 2024-25 pursuant to Resolution No. 033447 on August 27, 2024; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2025-26 by the Investment Committee on July 28, 2025, and recommended for approval with substantive amendments and an updated reissuance date for reaffirmation by the City Council. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2025-26. A copy of the Investment Policy, which contains the separate Investment Strategies, for fiscal year 2025-26 is incorporated by reference into this resolution as if set out here in its entirety. Section 2. Substantive amendments are made to the previous fiscal year's Investment Policy and Investment Strategies document, with such changes and amendments delineated and described as follows: (a) Under II. Scope, a change is made in the list following the last paragraph to delete the existing description for item A and replace it with the applicable "Escrow and Public Improvement District (PID) Accounts", to read as follows: rc. , A. Escrow and Public Improvement District (PID) Accounts; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets." (b) Under VI. Delegation of Authority and Responsibility, subsection B is amended by (i) deleting the effective date because it was added last year as part of a change made to the committee's composition and is no longer applicable; and (ii) by adding the Director of Finance & Procurement. Both amendments described in this subpart are as shown below, to read as follows: "B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. €ffeet+vee PebFwaFy 1, 29=5-,41he Investment Committee shall consist of the City Manager, Assistant City Manager over Finance, Director of Finance & Procurement, Director of Management Budget and two Council Members appointed by the Mayor (one of which may be the Mayor) and confirmed by City Council for a term concurrent with the member's elected term." (c) Under VI. Delegation of Authority and Responsibility, subsection C is amended by deleting the Director of Finance from the Investment Officers and adding the Controller as an Investment Officer, to read as follows: "C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the ^ireester of Fwaigee,Assistant Director of Finance, Controller, City Treasurer and Investment Analyst." (d) Under XVI. Investment Strategy, changes have been made to subsection A in the second and fourth paragraphs to revise the maximum dollar-weighted average maturity from one year to two years and to revise the risk benchmark from a one-year Treasury Bill to a two-year Treasury Note, respectively, to read as follows: "The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of ene yeas two years (-34&5730 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension." "The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM ofeeetwo year;, the risk benchmark is established as the eeetwo-year Treasury"Note for the comparable period." (e) Under XVI. Investment Strategies, subsection B is amended by revising the name of the fund strategy to the "Escrow and Public Improvement District (PID) Fund Strategy". Additionally, the content in the subsection is further revised to reflect participation of public improvement district (PID) accounts in this strategy, delete the reference to The Bank of New York Mellon Trust Company, delete the referenced agreement, and make other necessary edits, to read as follows: „B Texas Utility System junier Lien Revenue k...r.-,..,,,.. ent BeRd-157 Escrow and Public Improvement District (PID) Fund Strategy Page 2 of 3 T+MlrThese escrow and PID accounts fi-Rd=were established pursuant to aR eseFewspecific agreements. dateed- of August 29 20-17 , ,i+h The RaRk ^f AI.,... Yt;r. Melt R Trus !"....-...-..... AI A Ems...-..... .ill 4.., ..-. ..+-.i...,.J with SaRk-^ef Nev.; Yt;rk-ARTeuTrust GempaRy, 4.. i�a These accounts are restricted to investments authorized by the Act and this Policy.The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the eSffew agreement:. (f) Under XVI. Investment Strategies, subsection C is amended by revising and correcting the legal cites, to read as follows: "C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by Tthe Aviation Safety and Capacity Expansion Act of 19901190,(Public Law 101- 508,Title IX4, Subtitle B, Sec. 9110)." (g) Under XVI. Investment Strategies, subsection C, item 4, is revised by removing a reference which is no longer relevant, to read as follows: "4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the eS6F9W affeem Section 3. With the changes and amendments set out in Section 2 of this ordinance, to include an updated issuance date that coincides with the date this resolution is passed, the City Council approves the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2025-2026, appoints the investment officers as named and authorized in the Investment Policy and Investment Strategies, and reaffirms the continuation of the policy and strategies in full force and effect. PASSED AND APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 3 -A City of Corpus Christi Investment Policy and Investment Strategies Adopted August 19, 2025 TABLE OF CONTENTS I. POLICY STATEMENT.............................................................................. 1 II. SCOPE .................................................................................................. 1 III. PRUDENCE .......................................................................................... 2 IV. OBJECTIVES ........................................................................................ 2 V. LEGAL LIMITATIONS AND AUTHORITIES.............................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY........................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS ..... 4 VIII. AUTHORIZED INVESTMENTS ............................................................ 5 IX. COLLATERALIZATION .......................................................................... 7 X. SAFEKEEPING....................................................................................... 8 XI. INTERNAL CONTROLS ......................................................................... 8 XII. REPORTING ........................................................................................ 9 XIII. DEPOSITORIES ................................................................................ 10 XIV. AUDITS AND COMPLIANCE WITH LAWS......................................... 10 XV. INVESTMENT POLICY ADOPTION .................................................... 10 XVI. INVESTMENT STRATEGIES .............................................................. 11 APPENDIX A. RESOLUTION...................................................................................... 13 i CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted August 19, 2025 This Investment Policy ("Policy") sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the Annual Comprehensive Financial Report, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law, this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. Page 1 of 13 All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are managed as separately invested assets: A. Escrow and Public Improvement District (PID) Accounts; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer,to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. D. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. Page 2 of 13 V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no less than an annual basis. The City Council shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. In addition, the Council is responsible for designating one or more individuals to serve as Investment Officer(s). In accordance with the Act, the Council may retain responsibility for reviewing and approving authorized broker/dealers or designate that responsibility to the Investment Committee. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall consist of the City Manager, Assistant City Manager over Finance, Director of Finance & Procurement, Director of Management & Budget and two Council Members appointed by the Mayor (one of which may be the Mayor) and confirmed by City Council for a term concurrent with the member's elected term. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Assistant Director of Finance, Controller, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions. Page 3 of 13 Each Investment Officer shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with Page 4 of 13 a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as required by the Act. Investments shall only be made with local government investment pools which have provided the City with a written certification executed by a qualified representative of the pool acknowledging that the pool has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by State statute,they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(a)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government Page 5 of 13 securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(a)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A101, or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; and 4. Repurchase agreements. Two or more bids or offers must be solicited for all other transactions involving individual securities with the exception of guaranteed investment contracts, which require at least three bids or offers. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Certificates of deposit may be solicited in any manner permitted by the Act. C. DVP Requirement Page 6 of 13 All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. IX. COLLATE RALIZATI ON The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by independent third-party custodian(s) approved by the City under an executed collateral agreement with the pledging bank. The custodian(s) shall provide a monthly report of the collateral.The value of pledged securities must be at least 102% of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated not less than A by a nationally recognized rating agency, or 3. Irrevocable letters of credit issued to the City by a federal home loan bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collateralization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officer to reduce collateral.Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. B. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the City(2256.011). It will be held by an independent third-party safekeeping institution approved by the City under an executed Page 7 of 13 Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CIVIC) which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City-owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the City. Executive management of the City will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. Page 8 of 13 B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least Page 9 of 13 annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports, the Investment Officers will submit to the Director of Finance the following reports on a monthly basis: A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. Page 10 of 13 XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and- hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro-rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of two years (730 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of two years, the risk benchmark is established as the two-year Treasury Note for the comparable period. The fund should track the risk benchmark but will Page 11 of 13 naturally lag as market interest rates, which adjust daily, move. B. Escrow and Public Improvement District (PID) Fund Strategy These escrow and PID accounts were established pursuant to specific agreements. These accounts are restricted to investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the agreements. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by the Aviation Safety and Capacity Expansion Act of 1990 (Public Law 101-508, Title IX, Subtitle B, Sec. 9110). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59, Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC-insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment,there is no liquidity risk, market risk, diversification risk, nor credit risk. Page 12 of 13 RESOLUTION RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 033143; AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2026 OPERATING AND CAPITAL BUDGETS. AMENDING FINAAICIAI BUDGETARY AND PR OVIDING CINANG1 AI D()1 1(' IDG(`TI(1A1 (1AI -cr�-v�� Irv--V�v IIi DCCDACATION OF THE ANNUAL BUDGETS TT WHEREAS, the City Council adopted a Financial Policy in J41�­September 2023 by Resolution 3033143; and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General #Fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Budgetary Policies adopted by Resolution 0331 3 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues / Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance 1 Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. 1P the nppFepFiate LeVel Gf nrootF+Cted Fund BalaRco in meneFal Fund (2015)" G�FQz size, eet+p9 exPe +t+W-es n^^^rdinnl,,; ilt is the goal of the City Council to mild-;Pd maintain a reserve in the General Fund of an unassigned fund balance of 20% t9t;;Ic -At Io.;Ot tYn49- MGnth6 („r annrwimatel„ 1:7— of regular general and operating expenditures 6 ip t„ 2004 of t„t.al .nn,ial General F Rd apprepriatinno exclusive of any one-time appropriations. At tht-Q ^p--Pit#disc-al year,-61PGR Gemplet+eR^mot (`E)Mpp8honc0ytQ onn, ;;1 Cinan^ial Report, tThe amount calculated to be a�east20%#we 'i- iFApths of regular @General Fund operating expenditures, exclusive of any one-time appropriations, ° will be Reserved for Major Contingencies and Get 61n in a separate account upon completion of the Annual Comprehensive Financial Report (ACFR). The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%)will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1 only applies to the Information Technologies Internal Service Fund; Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Storm Water, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. Transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. The final two cents have not been approved by City Council to date and will not be recommended for FY 20254-2026242-4. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters' Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is direr--ted to may budget to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Water and Wastewater Rates. As part of the budget process, City Council shall annually review Water and Wastewater rates and adjust accordingly, with any rate changes going into effect January 1 of the following year. Section 15. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 16. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 17. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 18. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011. Section 19. Texas Ambulance Supplemental Payment Program (TASPP). Annual payment shall be applied exclusively to the Fire Department Budget for one-time expenditures and/or to cover budget overruns by the Fire Department in respective fiscal year. Section 20. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 21. Capital Improvement Future Bond Design Funding. To have more accurate cost estimates for CIP General Obligation Bond projects and to lessen the impact from annual inflation, design and engineering costs should be included in Bond elections for constructions projects. The General Obligation Bond for construction funding should be placed in the following Bond Election cycle. Section 22. Capital Improvement Annual Close-out. No less than annually, all apital Funds will be reconciled by City Staff. 1. Voter-approved Debt — Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. 2. Utility Revenue Debt — Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Section 23. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to- identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 24. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. Section 25. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 26. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 27. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City's budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. Th.U the fGFeg ,.iRg ro^„I„+i„r ,,^ Fead and paGGe IPASSED AND-944APPROVED on#4-the la yT day of ;1202 5. h„the fellewin`r vet : lm m KleiR err Sylvia Garn CyeFe++ RE) (ail Werpapde- PaR SHGkle nai^h;;ol uI In+o,- ATTEST: Paulette Guaiardo, Mayor Rebecca Huerta, City Secretary pp���� AT TER-Ti Q� P 2- r'u�T eesGa-Raerta Rees Raerta Pa ette G61ajaFd9 (00 S C4f) City of Corpus Christi Investment Policy and Investment Strategies Adopted August 4219, 202527, 2024 TABLE OF CONTENTS I. POLICY STATEMENT 1 II. SCOPE 1 III. PRUDENCE 2 IV. OBJECTIVES 2 V. LEGAL LIMITATIONS AND AUTHORITIES 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS 4 VIII. AUTHORIZED INVESTMENTS 5 IX. COLLATERALIZATION 7 X. SAFEKEEPING 8 XI. INTERNAL CONTROLS 8 XII. REPORTING 9 XIII. DEPOSITORIES 10 XIV. AUDITS AND COMPLIANCE WITH LAWS 10 XV. INVESTMENT POLICY ADOPTION 10 XVI. INVESTMENT STRATEGIES 11111 APPENDIX A. RESOLUTION 13 i CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted August 4-219, 202527, 2024 This Investment Policy ("Policy") sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the Annual Comprehensive Financial Report, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law,this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. Page 1 of 13 All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are managed as separately invested assets: A. Escrow and Public Improvement District (PID) Accounts; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer,to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. D. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. Page 2 of 13 V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no less than an annual basis.The City Council shall receive and review quarterly investment reports,approved by the Investment Committee, from the Investment Officers. In addition, the Council is responsible for designating one or more individuals to serve as Investment Officer(s). In accordance with the Act, the Council may retain responsibility for reviewing and approving authorized broker/-dealers or designate that responsibility to the Investment Committee. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. Effective February 1, 2025,tThe Investment Committee shall consist of the City Manager, Assistant City Manager over Finance, Director of Finance & Procurement, Director of Management a++d& Budget and two Council Members appointed by the Mayor (one of which may be the Mayor) and confirmed by City Council for a term concurrent with the member's elected term. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk,and performance of the portfolio.At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Director of Finance, Assistant Director of Finance, Controller, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a Page 3 of 13 quarterly basis. The Investment Officers will retain all documentation on investment transactions. Each Investment Officer shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section S0b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS Page 4 of 13 All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as required by the Act. Investments shall only be made with local government investment pools which have provided the City with a written certification executed by a qualified representative of the pool acknowledging that the pool has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by State statute,they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(a)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). Page 5 of 13 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(a)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S.state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. Al/P1,or equivalent,rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; and 4. Repurchase agreements. Two or more bids or offers must be solicited for all other transactions involving individual securities with the exception of guaranteed investment contracts, which require at least three bids or offers. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Certificates of deposit may be solicited in any manner permitted by the Act. Page 6of13 C. DVP Requirement All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. IX. COLLATERALIZATION The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by independent third-party custodian(s) approved by the City under an executed collateral agreement with the pledging bank. The custodian(s) shall provide a monthly report of the collateral.The value of pledged securities must be at least 102%of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated not less than A by a nationally recognized rating agency, or 3. Irrevocable letters of credit issued to the City by a federal home loan bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collateralization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. Page 7 of 13 B. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the City(2256.011). It will be held by an independent third-party safekeeping institution approved by the City under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City-owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security,rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow Page 8of13 requirements of the City. Executive management of the City will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: Page 9of13 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports, the Investment Officers will submit to the Director of Finance the following reports on a monthly basis: A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV.AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. Page 10 of 13 XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio")will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and- hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro-rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments.The objectives of this fund are to: 1. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of one year two years (365730 days) designed to meet anticipated cash flow needs.The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of enetwo years, the risk benchmark is established as the eeetwo-year Treasury B4l4Note for the comparable period. The fund should track the risk benchmark but Page 11 of 13 will naturally lag as market interest rates, which adjust daily, move. B. A Texas I Itility System 1„„ior 1 ie„ Reve„ue Improveme„t Bo„ds Escrow and Public Improvement District (PID) Fund Strategy This These escrow and PID accounts— fund was were established pursuant to an eserovvspecific-agreements.dated „f August 29 20 7 with The Ba„k„f New v„rk M„n„„ N.A. ' These accounts are restricted to investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow-agreements. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by Tthe Aviation Safety and Capacity Expansion Act of 19901190 (Public Law 101-508, Title IX11, Subtitle BL Sec. 9110). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59,Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC-insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment,there is no liquidity risk, market risk, diversification risk, nor credit risk. Page 12 of 13 0 ose � � h v AGENDA MEMORANDUM Action Item for the City Council Meeting of August 19, 2025 DATE: August 19, 2025 TO: Peter Zanoni, City Manager THRU : Heather Hurlbert, CPA, CGFO, Assistant City Manager FROM: Sergio Villasana, CPA, CIA, CGFO Director of Finance & Procurement sergiov3@cctexas.com (361) 826-3227 Amendment to Financial Budgetary Policies for FY 2025-2026 CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 033143-1 and providing financial policy direction on preparation of the FY 2026 Operating and Capital Budgets. SUMMARY: The financial budgetary policies for FY 2025-2026 are being requested for an amendment to address several changes including updated Section 3-General Fund Balance, Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund and Section 12-Operating Contingencies. BACKGROUNDAND FINDINGS: Annually, City staff reviews the financial budgetary policies for direction on preparing the upcoming, annual budget. The financial budgetary policies for FY 2025-2026 are being recommended by staff for amendment as follows: • Section 3. General Fund Balance o Removing the reference to Working Capital in the title as this section refers to the Fund Balance. o Removing the reference to the GFOA Best Practice publication o Removing the language about a 17% unrestricted fund balance and using the 20% as the goal. o Clarifying that the calculation is based on the general fund operating expenses and not appropriations. o Updating the reference to the Annual Comprehensive Financial Report (ACFR) and removing the Comprehensive Annual Financial Report. • Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund Subsection 3 o Added "has not been approved by City Council to date" and updated the date from FY 2023-2024 to 2025-2026. • Section 12. Operating Contingencies o Replacing "is directed" with "may...up..." ALTERNATIVES: An alternative would be to leave the financial budgetary policies as they currently are written. FISCAL IMPACT: There is no financial impact for this item. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation RESOLUTION RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 033143; AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2026 OPERATING AND CAPITAL BUDGETS. WHEREAS, the City Council adopted a Financial Policy in September 2023 by Resolution 033143-1 and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General Fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Budgetary Policies adopted by Resolution 033143 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues / Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. It is the goal of the City Council to maintain a reserve in the General Fund of an unassigned fund balance of 20% of regular General Fund operating expenditures, exclusive of any one-time appropriations. The amount calculated to be 20% of regular General Fund operating expenditures, exclusive of any one-time appropriations, will be Reserved for Major Contingencies in a separate account upon completion of the Annual Comprehensive Financial Report (ACFR). The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%)will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1 only applies to the Information Technologies Internal Service Fund; Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Storm Water, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1 .148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. Transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. The final two cents have not been approved by City Council to date and will not be recommended for FY 2025-2026. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters' Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager may budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Water and Wastewater Rates. As part of the budget process, City Council shall annually review Water and Wastewater rates and adjust accordingly, with any rate changes going into effect January 1 of the following year. Section 15. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 16. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 17. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 18. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011. Section 19. Texas Ambulance Supplemental Payment Program (TASPP). Annual payment shall be applied exclusively to the Fire Department Budget for one-time expenditures and/or to cover budget overruns by the Fire Department in respective fiscal year. Section 20. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 21. Capital Improvement Future Bond Design Funding. To have more accurate cost estimates for CIP General Obligation Bond projects and to lessen the impact from annual inflation, design and engineering costs should be included in Bond elections for constructions projects. The General Obligation Bond for construction funding should be placed in the following Bond Election cycle. Section 22. Capital Improvement Annual Close-out. No less than annually, all Capital Funds will be reconciled by City Staff. 1. Voter-approved Debt — Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. 2. Utility Revenue Debt — Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Section 23. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to- identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 24. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. Section 25. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 26. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 27. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City's budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. PASSED AND APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary RESOLUTION RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 033143; AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2026 OPERATING AND CAPITAL BUDGETS. A""F"IDING FINANCIAL BUDGETARY P01 IGICQ ADOPTED QV RE901 I ITIGINI 0331 3033143 AND PROVIDING FINANCIAl P01 icy DIRECTION PREPARATION OF THE ANN''AI QI DGETC WHEREAS, the City Council adopted a Financial Policy in 4u[­Sa E ember 2023 by Resolution 03033143; and Formatted:Justified WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General(Fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land Formatted:Justified WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and Formatted:Justified WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. Formatted:Justified NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:- Formatted:Justified The Financial Budgetary Policies adopted by Resolution 0331403 are amended to read as follows: Formatted:Justified Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy.This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues / Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Formatted:Justified Section 3. General Fund Balance 1 Working Gap4a4. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the A nnrnnria+o of Wnre � Fund �hnn . +moo ((_ I C61RGI / 15)" QPGA r�ppropr,�� 2�F �vtFl^ G--I 2F}CiF3,--�--� �-07--�-0,--� Formatted:Right: 0.07",Space Before: 0 pt tole en+ho of regular n al f IRd ratinn regular n al fifind "'It is the goal of the City Council to maintain a reserve in the General Fund of an unassigned fund balance of 20%which ° f regular Ggeneral(Fund operating expenditure Up +n 20,0 of+ +ol of QeReFal Rd iati9R6 exclusive of any one-time appropriations. ,t the a;mod of the fiscal year, UPORrGemple+tthe rlapr The amount calculated to be atleast20%twe menths of regular ggeneral Ffund operating expenditures, exclusive of any one-time appropriations. up te 20,04will be Reserved for Major Contingencies and set 6 ip—in a separate account upon completion of the Annual Comprehensive Financial Report(ACFR).The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Formatted:Justified Section 4. Other Committed Fund Balances. Formatted:Justified 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns,emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations.Any amount in excess of five percent(5%)will be returned to the paying Funds or used for one-time expenditures.Subsection 4.1 only applies to the Information Technologies Internal Service Fund;Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. Formatted:Justified 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10%of projected medical and prescription claims. Formatted:Justified 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant Formatted:Font:12pt unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25%of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses(IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25%of the average of incurred costs of claims experience over the prior five-year period. Formatted:Justified 4.5 Enterprise Funds.To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent(25%)of the annual Enterprise Fund appropriations,exclusive of any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Storm Water, Airport, and Marina fund balances. Formatted:lustified 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Formatted:Justified Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Formatted:Justified Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase,as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property,with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance.The General Formatted:lndent:Left: 0.31" Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Formatted:lustified Formatted:Indent:Left: 0" Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: Formatted:Justified 1. The City must include 5% of industrial district revenue in the Residential Formatted:lndent:Left: 0.75",Hanging: 0.31",Tab Street Reconstruction Fund. stops: 1.06",Left+Not at 1.25" 2. Transfer 1%of the General Fund revenues less: Formatted:Justified • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars($100.00)of assessed value for the purpose of residential street reconstruction to be deposited in such fund.Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars($100.00)of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials.The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02)per one hundred dollars($100.00)of assessed value forfiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. The final two cents have not been approved by City Council to date and will not be recommended for FY 20253-20262024. Section 9. Funding of Texas Municipal Retirement System(TMRS)Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Formatted:Justified Section 10. Funding of Corpus Christi Fire Fighters'Retirement System(CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of Formatted:lustified,Space Before: 0 pt the City to,over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Formatted:Justified Section 11.Priority of City Services.The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Formatted:Justified Section 12. Operating Contingencies. The City Manager is ,may budget uM to$500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model.Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Formatted:Justified Section 14. Water and Wastewater Rates. As part of the budget process, City Council shall annually review Water and Wastewater rates and adjust accordingly,with any rate changes going into effect January 1 of the following year. Section 15.Cost Recovery.The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein,every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Formatted:Justified Section 16. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates,as well as explanations for major variances to budget.The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Formatted:Justified Section 17.Use of Nonrecurring Revenue.The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Formatted:Justified Section 18.Debt Management.The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011. - Formatted:Justified Section 19. Texas Ambulance Supplemental Payment Program (TASPP). Annual payment shall be applied exclusively to the Fire Department Budget for one-time expenditures and/or to cover budget overruns by the Fire Department in respective fiscal year. Formatted:Justified Section 20. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget.As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects.Therefore,the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible.The CIP is a necessary tool in the capital planning process, and shall be organized as follows: Formatted:Justified 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. Formatted:Justified 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. Formatted:Justified 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range,for a complete plan that includes ten years.The long- range CIP projects must have realistic planned funding tied to the projects. Section 21. Capital Improvement Future Bond Design Funding. To have more Formatted:Justified accurate cost estimates for CIP General Obligation Bond projects and to lessen the impact from annual inflation, design and engineering costs should be included in Bond elections for constructions projects. The General Obligation Bond for construction funding should be placed in the following Bond Election cycle. Section 22. Capital Improvement Annual Close-out. No less than annually, all Formatted:Justified Ceapital Ffunds will be reconciled by City Staff. 1. Voter-approved Debt— Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Formatted:Justified 2. Utility Revenue Debt— Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Formatted:Justified Section 23. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to- identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Formatted:Justified Section 24. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. Formatted:Justified Section 25.Drought Surcharge Exemption Fund.Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 26. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Formatted:Justified Section 27. Budget Controls. Budgetary compliance is an important tool in managing Formatted:Justified and controlling governmental activities,as well as ensuring conformance with the City's budgetary limits.Budgetary controls, levels at which expenditures cannot legally exceed Formatted:Space Before: 0 pt,Tab stops:Not at appropriated amounts, are established within individual funds. The City utilizes an Formatted:Normal,Space Before: 0 pt encumbrance system of accounting as one mechanism to accomplish effective budgetary Formatted:Normal,Line spacing: single controls. Encumbrances at year end which represent a true commitment are generally Formatted:Normal,Indent:Left: 0",Line spacing: added to the budget. single,Tab stops:Not at 1.53" That the fe Fe aiRg „„„l tie„ „„ „ h d„ „„ „ 'PASSED AND APPROVE trnTthe Formatted:Normal,Indent:Left: 0",Line spacing: # „�„ D on single day j Formatted:Normal,Left,Indent:Left: 0",Line spacing: day of -�202,35. by 1h„a„u„,.,;„r,,,.+,.. , single,Tab stops:Not at 1.43" Paulette GuajardG "Urn 16-3n Formatted Table o^l„„ham,„ ^rg ^n r, Formatted:Normal \ Formatted:Normal,Indent:Left: 0",Tab stops:Not at Sylvia GaR;PGG EyArAt+oar 1.53" Gal u „„„del D A.R. 2 Ak_ ��\ Formatted:Normal,Indent:Left: 0" Formatted:Normal,Left,Indent:Left: 0",Tab stops: M;..hA;d H u„tg, Not at 1.43" Formatted:Normal ATTEST: Formatted:Normal,Indent:Left: 0",Tab stops:Not at 1.53" Formatted:Normal,Indent:Left: 0" Formatted:Normal,Left,Indent:Left: 0",Tab stops: Paulette Guaiardo, Mayor Rebecca Huerta,City Secretary Not at 1.43" AT -; TY QF C-,Q�c Formatted:Normal Gk#Rt�T�- Formatted:Normal,Indent:Left: 0",Tab stops:Not at 1.53" Formatted:Normal,Indent:Left: 0" Formatted:Normal,Left,Indent:Left: 0",Tab stops: Not at 1.43" Paulette Gua;ardARPhespg HQel4g Rehesen-WQP.4A oa„lette a,� hL-kYfffZGMty�c� G.ity c Formatted:Normal,Space Before: 0 pt Formatted:Normal,Space Before: 0 pt Formatted:Normal,Line spacing: single Formatted:Normal,Indent:Left: 0",Line spacing: single,Tab stops:Not at 1.53" Formatted:Normal,Space Before: 0 pt Financial Budgetary Policy Amendments Council Presentation \ August 19, 2025 Financial BudgetaryPolicy • Last amended in September 2023 and has been amended or reaffirmed each year by City Council since 1997 as part of the budget process • Provides guidance on the preparation of the budget • Amendments are proposed by staff for: ■ Section 3-General Fund Balance/Working Capital ■ Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund ■ Section 12 - Operating Contingencies Section 3-General Fund Balance/Working Capital • Remove Working Capital from the title • Remove reference to GFOA recommendation. GFOA updated guidance in 2020 and has moved to a risk-based calculation • Remove the reference to building the fund balance as the goal has been met • Remove the reference to the 17% and instead base the goal on the 20% of general fund operating expenditures • Update the Comprehensive Annual Financial Report to the Annual Comprehensive Financial Report • Add that the 20% goal should be calculated on the general operating expenses less any one-time appropriations Section 3-General Fund Balance/Working Capital Section as amended: ". . .It is the goal of the City Council to maintain a reserve in the General Fund of an unassigned fund balance of 20% of regular general fund operating expenditures, exclusive of any one-time appropriations. The amount calculated to be 20% of regular general fund operating expenditures, exclusive of any one-time appropriations, will be Reserved for Major Contingencies in a separate account upon completion of the Annual Comprehensive Financial Report (ACFR). . ." Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund Proposed Amendment-Add "has not been approved by City Council to date and" to last sentence along with updated fiscal year 2025-2026 Section as amended: "The final two cents have not been approved by City Council to date and will not be recommended for FY 2025-2026..." ' Section 12-Operating Contingencies Proposed Amendment- Remove "...is directed. . ." and add . .may. . .up. . . Section as amended: "The City Manager may budget up to $500,000 per year as an operating contingency as part of General Fund expenditures ..." Questions ? Se GO � O� A H "CORPOR^`E° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 19, 2025 DATE: August 15, 2025 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager HeatherH3(a cctexas.com 361-826-3506 Resolution for the negotiation of terms with Nueces County for a proposed Tax Increment Reinvestment Zone (TIRZ) in the London Area CAPTION: Resolution for the negotiation of terms with Nueces County for a proposed Tax Increment Reinvestment Zone (TIRZ) in the London Area for potential consideration of the Nueces County Commissioners Court on August 20, 2025. SUMMARY: The City of Corpus Christi is currently negotiating the interlocal agreement for the proposed TIRZ #7 with Nueces County and is requesting City Council direction on the remaining negotiation points for the agreement. BACKGROUND AND FINDINGS: The London area is a growth corridor for the region. The area is primarily vacant land which lacks infrastructure to support the current and planned growth. The proposed London Tax Increment Reinvestment Zone (TIRZ) #7 would help support and guide development in the area by utilizing the increment created by the development to help support the infrastructure needed for the area. This TIRZ is different from the other TIRZ's currently in place since much of the area is outside the City limits and developments must annex into the city limits to receive incentives. By creating the larger zone, the base year will be set at the values as of tax year 2025. Nueces County will not contribute increment generated by the whole zone but rather choose which projects they want to contribute increment towards. As these developments are annexed into the City limits, a "subzone" or unique project will be created and the County can choose if they want to contribute increment to the project. Currently identified subzones include the Mirabella Development, The Proper, and Chapman Commercial. On July 10, 2025, Nueces County provided initial terms for the interlocal agreement with the City of Corpus Christi for the creation of TIRZ #7 in the London area. The City countered on July 11, 2025, and a response was provided by the county on July 23, 2025. The negotiations are detailed below. Nueces County Proposals: 1) Term of agreement a. Nueces County agrees to a 10-year term with a 10-year renewal. 2) City Participation a. City of Corpus Christi will commit to a 25-year term. 3) County Contribution a. Nueces County's contribution shall only be applied to clearly defined written uses such as streets and drainage. 4) Septic/City Sewer a. All use inside the TIRZ must have City sewer and not septic. 5) County Participation a. Nueces County will participate at 45%. 6) Termination a. Nueces County has the option to terminate interlocal if the funds are not spent in compliance with agreement. 7) Administrative Costs a. Nueces County will be reimbursed $50,000 over the life of the agreement, assuming the City's amount stays at $100,000. 8) Board Composition a. Nueces County will have 5 members of the TIRZ board and the vice chair position. 9) City Council Authority a. Nueces County proposes that the City Council cannot override TIRZ board recommendations so long as they are consistent with the law, financing plan, and interlocal agreement. City of Corpus Christi Responses: 1) Term of Agreement a. Agreed. Nueces County will move to 20 years if City commits to 25 years. 2) City Participation a. Agreed. The zone will be created for a 25-year term. 3) County Contribution a. Staff Recommendation - Each sub-zone will have clearly defined written uses included in the Project and Financing Plan. The first sub-zone being considered will only contain the expenses for the Mirabella development. Proposed is an estimated $65M in development costs with $30.6M reimbursed with TIRZ funding, $26.5M reimbursed from the City Public Improvement District (PID), and the remaining $8.OM paid by the Developer. The TIRZ expenses will be for public sewer, stormwater, and water infrastructure within the development along with associated costs totaling $30.6M. (See exhibit A below) 4) Septic/City Sewer a. Staff Recommendation - Included in the Project and Financing Plan, to receive TIRZ incentive funding the development must be connected to City Sewer. 5) County Participation a. Staff Recommendation - The City maintains that 50% participation is preferred but not required for this TIRZ. 6) Termination a. Staff Recommendation- Funds can only be spent in compliance with the Project and Financing Plan. It is proposed that the Project and Financing Plan and all development agreements will be approved by Commissioner's Court before consideration by City Council. 7) Administrative Costs a. Staff Recommendation - Nueces County can be reimbursed for up to $50,000 over the life of the agreement. The County will provide documentation detailing staff time spent on the administration of the TIRZ to receive the reimbursement. The City's amount will stay at up to $100,000 per year with reimbursement based on staff time and resources spent. 8) Board Composition a. Staff Recommendation —the county has requested 5 seats as well as the vice chair position on the board. The updated city proposal is below. i. City— 7 seats ii. County— 5 seats iii. Del Mar— 2 seats iv. Development representative— 1 seat v. Section 311.009 (f) of the Texas Tax Code provides details on the election and appointment of officers. The Chair will be appointed from City representatives and the Vice-Chair will be elected solely from the Nueces County representatives. 9) City Council Authority a. Staff Recommendation — By law, the City Council cannot be bound to consent to everything presented by any board. The City proposes that both the Commissioner's Court and Del Mar Board of Regents have the option to veto any development agreement approved by the TIRZ board prior to the consideration by City Council. If vetoed by either of the governing bodies, it will not move forward to City Council for consideration. In addition, any modifications to the Project and Financing Plan would be presented to each governing body for approval prior to approval by the City Council. Exhibit A Mirabella Summary Contingency,Professional Fees, General Conditions,&SoftCost $ 13,138,908.51 $ 7,183,131.23 $ 5,099,914.91 $ 855,862.36 Site Work $ 601,886.82 $ - $ - $ 601,886.82 Public Sewage,Storm,&Water $ 23,454,796.20 $ 23,454,796.20 $ $ Franchise Utilities $ 2,021,424.00 $ - $ - $ 2,021,424.00 Public Landscape Improvements $ 1,684,376.24 $ $ 1,684,376.24 $ - Private Landscape Improvements $ 721,875.53 $ $ - $ 721,875.53 Trafficand Street Improvements $ 16,652,551.81 $ - $ 16,652,551.81 $ - PublicStructures&CommonAreas $ 3,094,901.70 $ $ 3,094,901.70 $ Private Structures&Common Areas $ 3,787,000.00 $ - $ - $ 3,787,000.00 Total $ 65,157,720.80 $ 30,637,927.43 $ 26,531,744.66 $ 7,988,048.72 Design Subtotal $ 13,138,908.51 $ 7,183,131.23 $ 5,099,914.91 $ 855,862.36 Development Cost $ 52,018,812.30 $ 23,454,796.20 $ 21,431,829.74 $ 7,132,186.35 At the August 12, 2025, City Council meeting, these negotiations were discussed in executive session and staff was given direction to continue negotiations with the City Council's support. City staff is seeking direction and approval for the specific points proposed by Nueces County that City Council would consider for interlocal agreement between the City and Nueces County. FISCAL IMPACT: There is no fiscal impact associated with this action. RECOMMENDATION: Staff recommendations are included above. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Resolution for the negotiation of terms with Nueces County for a proposed Tax Increment Reinvestment Zone (TIRZ) in the London Area for potential consideration of the Nueces County Commissioners Court on August 20, 2025. County Participation Term A 20-year term is required for the developer in the first sub-zone. Nueces County Agrees to a 20-year term Zone Term Zone will be created for a 25-year term Application of County Nueces County's contribution will be applied to Contribution clearly defined uses such as streets and drainage. Each sub-zone will have clearly defined written uses included in the Project and Financing Plan. The first sub-zone being considered will only contain the expenses for the Mirabella development. Proposed is an estimated $65M in development costs with $30.6M reimbursed with TIRZ funding, $26.5M reimbursed from the City Public Improvement District (PID), and the remaining$8.OM paid by the Developer. The TIRZ expenses will be for public sewer, stormwater, and water infrastructure within the development along with associated costs totaling$30.6M. Sewer Requirement Included in the Project and Financing Plan, to receive TIRZ incentive funding the development must be connected to City Sewer. Nueces County's Participation The City maintains that 50% participation is preferred but not required for this TIRZ so the County may choose to participate at a 45% rate. Interlocal Termination Funds can only be spent in compliance with the Project and Financing Plan. It is proposed that the Project and Financing Plan and all development agreements will be approved by Commissioner's Court before consideration by City Council. Nueces County has the right to terminate their interlocal agreement if the funds are not spent in compliance with the Project and Financing Plan. Reimbursement for Nueces County can be reimbursed for up to Administrative Expenses $50,000 over the life of the agreement. The County will provide documentation detailing staff time spent on the administration of the TIRZ to receive the reimbursement. The City's amount will stay at up to $100,000 per year with reimbursement based on staff time and resources spent. Board Composition City-7 seats County-5 seats Del Mar-2 seats Development Representative— 1 seat Section 311.009 (f) of the Texas Tax Code provides details on the election and appointment of officers. The Chair will be appointed from City representatives and the Vice-Chair will be elected solely from the Nueces County representatives. City Council Consent By law, the City Council cannot be bound to consent to everything presented by any board. The City proposes that both the Commissioner's Court and Del Mar Board of Regents have the option to veto any development agreement approved by the TIRZ board prior to the consideration by City Council. If vetoed by either of the governing bodies, it will not move forward to City Council for consideration. In addition, any modifications to the Project and Financing Plan would be presented to each governing body for approval prior to approval by the City Council. Tax Increment Reinvestment Zone (TIRZ) #7 Negotiations Council Presentation August 19, 2025 Area withing the proposed Zone will be unannexed, - -- undeveloped land. The Future Land Use Map was followed to determine 77T boundaries which include future commercial corridors. 2 Proposed TIRZ Terms • 25-year term • 50% contribution of new tax revenues • Participation with Nueces County and Del Mar College • Increment contribution only within approved sub-zones • To receive incentives development must: • Annex into the City • Connect to City Sewer • Incorporate development standards that surpass basic requirements in the Uniform Development Code (UDC), provide neighborhood amenities and provide quality of life improvements ls' Proposed Sub-Zone- Mirabella Development • Amenity based development • 300 acres ��►LL...p'�'�'•r,� '� • 1,100 homes in three price ranges .s . with move-up opportunities • 23 acres of parks and green spaces • 13 miles of connected hike and - �• `` '" «' ' '`'`�� bike trails • Community amenities including a lr• i resort style pool, community } center, and recreation fields ` ,w, �i�r� `` •..y,1ti� (pickleball, baseball, and _ basketball). _ Entities will only - contribute new taxes generated in the subzone • Development _ agreement will define allowable public i infrastructure expenses eligible for reimbursement 4 within the subzone i. Interlocal Agreements • Other taxing entities participation in the TIRZ through Interlocal agreements • Interlocal agreements historically have included: • Participation Term • Contribution Amount • Maximum Contribution amount if applicable • Payment Dates • Right to appoint board representative • Reporting requirements • Use of funds is guided by the Project and Financing Plan which is approved by the TIRZ Board and then by City Council Nueces County Interlocal Received correspondence with the following terms on July 10, 2025 •Term: • County-10 years with a 10-year renewal unless Nueces opts out in year 10 • City must commit to 25 years for the TIRZ •Contribution: •45% • County's contribution shall only be applied to clearly defined written uses such as streets and drainage. (Still developing list) *Administrative Cost: •Nueces County will be reimbursed administrative costs of$50,000 over the life of the agreement, assuming the City's amount stays at $100,000 Nueces County Interlocal Received correspondence with the following terms on July 10, 2025 •Board: •Nueces County will have 5 members on the TIRZ board. Members may be elected officials or other London area residents at the choice of the Commissioners Court. The County will have the Vice-Chair position pursuant to the interlocal. •If Del Mar participates in this TIRZ, they will have 5 members of the TIRZ board. •Other: •All use inside the TIRZ must have city sewer and not septic •Option to terminate the interlocal if funds are not spent in compliance with the agreement •The City Council cannot override the TIRZ board recommendations so long as it is consistent with law, financing plan, interlocal, and MOU. AIM% TIRZ #7 Negotiation Points osal -W City Response Nueces County agrees to 10-year A 20-year term is required for the developer in the first sub-zone. Nueces term with 10-year renewal County Agrees to a 20-year term City Participation City of Corpus Christi will Agreed. The zone will be created for a 25-year term. commit to 25-year term County Nueces County's contribution Nueces County's contribution will be applied to clearly defined uses such as Contribution shall only be applied to clearly streets and drainage. defined written uses such as Each sub-zone will have clearly defined written uses included in the Project streets and drainage. and Financing Plan. The first sub-zone being considered will only contain the expenses for the Mirabella development. Proposed is an estimated$65M in development costs with$30.6M reimbursed with TIRZ funding, $26.5M reimbursed from the City Public Improvement District(PID),and the remaining MOM paid by the Developer. The TIRZ expenses will be for public sewer,stormwater, and water infrastructure within the development along with associated costs totaling$30.6M. (see exhibit A) 9 Exhibit A— Mirabella Development Eligible Expenses Mirabella Pr Of Development Project Costs Non Project Costs Non Project Costs Professional Fees, General Conditions,&Soft Cost $ 13,138,908.51 $ 7,183,131.23 $ 5,099,914.91 $ 855,862.36 Site Work $ 601,886.82 $ - $ - $ 601,886.82 Public Sewage,Storm, &Water $ 23,454,796.20 $ 23,454,796.20 $ - $ - Franchise Utilities $ 2,021,424.00 $ - $ - $ 2,021,424.00 Public Landscape Improvements $ 1,684,376.24 $ - $ 1,684,376.24 $ - Private Landscape Improvements $ 721,875.53 $ - $ - $ 721,875.53 Traffic and Street Improvements $ 16,652,551.81 $ - $ 16,652,551.81 $ - Public Structures&Common Areas $ 3,094,901.70 $ - $ 3,094,901.70 $ - Private Structures&Common Areas $ 3,787,000.00 $ - $ - $ 3,787,000.00 Total $ 65,157,720.80 $ 30,637,927.43 $ 26,531,744.66 $ 7,988,048.72 Design Subtotal $ 13,138,908.51 $ 7,183,131.23 $ 5,099,914.91 $ 855,862.36 Development Cost $ 52,018,812.30 $ 23,454,796.20 $ 21,431,829.74 $ 7,132,186.35 TIRZ #7 Negotiation Points r1 -Proposal Response Septic/ All use inside the TIRZ must Included in the Project and Financing Plan,to receive TIRZ incentive City Sewer have City sewer and not septic. funding the development must be connected to City Sewer. County Nueces County will participate at The City maintains that 50%participation is preferred but not required for Participation45% this TIRZ so the County may choose to participate at a 45%rate. TerminationNueces County has the option to Funds can only be spent in compliance with the Project and Financing Plan. terminate interlocal if the funds It is proposed that the Project and Financing Plan and all development are not spent in compliance with agreements will be approved by Commissioner's Court before consideration agreement. by City Council. Nueces County has the right to terminate their interlocal agreement if the funds are not spent in compliance with the Project and Financing Plan. AdministrativeNueces County will Nueces County can be reimbursed for up to $50,000 over the life of the be reimbursed$50,000 over the agreement. Costs life of the agreement, assuming The County will provide documentation detailing staff time spent on the the City's amount stays at administration of the TIRZ to receive the reimbursement. $100,000 The City's amount will stay at up to $100,000 per year with reimbursement based on staff time and resources spent. 11 (L --I ) TIRZ #7 Negotiation Points ounty Proposal . Response Board Nueces County will have 5 City—7 seats Composition members of the TIRZ Board and County—5 seats the vice-chair position. Del Mar—2 seats Development Representative— 1 seat Section 311.009(f)of the Texas Tax Code provides details on the election and appointment of officers. The Chair will be appointed from City representatives and the Vice-Chair will be elected solely from the Nueces County representatives. City Council Nueces County proposes that the By law,the City Council cannot be bound to consent to everything Authority City Council cannot override presented by any board.The City proposes that both the Commissioner's TIRZ Board recommendations Court and Del Mar Board of Regents have the option to veto any so long as they are consistent with development agreement approved by the TIRZ board prior to the the law,financing plan,and consideration by City Council.If vetoed by either of the governing bodies,it interlocal agreement. will not move forward to City Council for consideration. In addition,any modifications to the Project and Financing Plan would be presented to each governing body for approval prior to approval by the City Council. 12 bus cr G� v N6ORPORA,E° AGENDA MEMORANDUM 1852 Action Item for City Council Meeting August 19, 2025 DATE: August 12, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services 0effreyea-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Interim Assistant City Manager & Director of Public Works ernestod2a-cctexas.com (361) 826-1677 Sergio Villasana, CPA, CGFO, CIA, Director of Finance & Procurement sergiov2a-cctexas.com (361) 826-3227 Advance Funding Agreement Leopard Street and Oak Park Avenue Pedestrian Safety Improvements CAPTION: Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Leopard Street and Oak Park Avenue Pedestrian Safety Improvement Project for a pedestrian walking and bike trail on Leopard Street from Villa Drive to Up River Road with the City's payment of $14,797.00 to TXDOT for direct state costs, located in Council District 1, with FY 2025 funding from ARPA interest. SUMMARY: This resolution authorizes the City Manager or designee to execute an AFA with TXDOT for pedestrian and bicycle safety infrastructure improvements at Leopard Street and Oak Park Avenue, with improvements including 5-ft sidewalks, curb ramps, pedestrian islands, sign and pavement markings, and signalization. The total estimated cost of the project is $848,840.00. Federal participation is $651,076.00, state participation is $34,995.00 and City participation is estimated to be $162,769.00, with funding from ARPA interest. The City is responsible for 100% of cost overruns. BACKGROUND AND FINDINGS: In 2015, the Fixing America's Surface Transportation (FAST) Act was signed into law establishing the Surface Transportation Grant set-aside (STBG-SA) funding program (Category 9). The STGB-SA Category 9 program is a federal cost reimbursement program, not a grant. No funding is provided upfront. Category 9 funds are used to reimburse 80% of the costs paid by the applicant, up to the awarded amount. Any cost overruns are the responsibility of the applicant. For projects selected, the applicant is responsible for completing all pre-construction activities (design, environmental clearance, right-of-way and utility relocation/coordination) with local funds and project letting. Prior to project letting a fully executed Advanced Funding Agreement (AFA) with TXDOT and payment of any direct state costs is required. Additionally, a Federal Project Authorization and Agreement (FPAA) is required prior to TxDOT issuing each State Letter of Authority (SLOA). Completion of the FPAA form allows the authorization of federal funds for reimbursement of the approved costs. In 2021, the Corpus Christi Metropolitan Organization (CCMPO) conducted a call to evaluate and select eligible projects using a performance-based competitive selection process. The CCMPO was allocated $4.5 million in federal funding, for STBG-SA eligible projects, for federal fiscal years 2022 through 2025. Eligible applicants could apply for smaller-scale transportation projects such pedestrian and bicycle facilities, recreational trails, safe routes to school projects, community improvements, and environmental mitigation related to stormwater and habitat maintenance. The City of Corpus Christi (Public Works Department) received approval from City Council in March 2022 to submit five (5) grant applications, one per Council district, to the CCMPO as follows: 1. District 1: Oak Park ES Route to School- Leopard Street and Oak Park Avenue Pedestrian Improvements 2. District 2: Ocean Drive Pedestrian Crossing Improvements- (Oleander Point at Cole Park) - 3. District 3: Mary Carroll HS Safe Route to School — Mary Carroll Ditch Hike and Bike Trail Improvements 4. District 4: Seashore Learning Center Safe Route to School — Encantada Avenue Pedestrian Safety Improvements 5. District 5: Brooke Road/Master Channel Pedestrian Improvements The CCMPO selected all five (5) applications. 100% designs have been completed by Freese and Nichols, Inc (FNI) for four projects. Resolutions authorizing the execution of AFAs are only being requested for the completed projects. An AFA for Brooke Road is not requested as pedestrian improvements and utility relocation will be addressed as part of the approved Bond 2024 Street Project. After execution of the AFA, City staff will return to City Council to receive approval to award the four projects to the lowest responsive bid, submitted by a qualified bidder, per the City's bidding process. The Leopard Street and Oak Park Avenue Pedestrian Safety Improvements (City Project 23142) involves constructing 5-ft sidewalks along Leopard Street from Villa Drive to Oak Park Avenue and Oak Park Avenue from Up River Road to Leopard Street. Other improvements include curb ramps, pedestrian islands, signs, crosswalks and a signal at the intersection of Oak Park and Leopard Street to improve the ability to walk and bike to school. The Opinion of Probable Construction Cost (OPCC), provided by FNI, for this project is $905,541.50. A summary of the estimated project costs, as shown in the "Draft" AFA, are provided below: Local Federal AFA Government State Participation Total Project Cost Project Contract# Participation Participation (80%) Estimate (20%) 23142 0074-09-016 $162,769.00 $34,995.00 $651,076.00 $848,840.00 ALTERNATIVES: Not authorizing the execution of the Advanced Funding Agreement would make the City ineligible for Category 9 funding, used to reimburse project sponsors for 80% of the awarded amount, which was allocated for fiscal years 2022 through 2025. Project could still be constructed with local funding. FISCAL IMPACT: The fiscal impact for FY 2025 is $14,797.00 for direct state costs to execute the Advance Funding Agreement, with funding available from ARPA interest. FUNDING DETAIL: Fund: 1076 ARPA Grant Fund Org/Activity: 89 Grants & CIP Dept 33 Streets Dept Account: 352076 Amount: $14,797. RECOMMENDATION: Staff recommends the execution of the AFA with TxDOT for the STBG-SA project. LIST OF SUPPORTING DOCUMENTS: Resolution Advanced Funding Agreement- 0074-09-016 Presentation Certificate of Funds Presentation Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Leopard Street and Oak Park Avenue Pedestrian Safety Improvement Project for a pedestrian walking and bike trail on Leopard Street from Villa Drive to Up River Road with the City's payment of $14,797.00 to TXDOT for direct state costs, located in Council District 1, with FY 2025 funding from ARPA interest. WHEREAS, the estimated project cost for State Transportation Alternatives Set-Aside (TASA) Program for the Leopard Street and Oak Park Avenue Pedestrian Safety Improvement Project is $848,840.00. Federal participation is $651,076.00, state participation is $34,995.00 and City participation is estimated to be $162,769.00. The City is responsible for 100% of cost overruns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee (Director of Engineering Service) is authorized to execute an Advance Funding Agreement (AFA) for the Leopard Street and Oak Park Avenue Pedestrian Safety Improvement Project with the City's payment to TXDOT in the amount of $14,797.00 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. PASSED and APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROGRAM PROJECT MPO-Selected Off-System This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project ("Agreement") is made between the State of Texas (State), acting through the Texas Department of Transportation, and the City of Corpus Christi (Local Government), acting through its duly authorized officials. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for urbanized areas of Texas, and WHEREAS, Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA) are established in 23 USC §133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400— 11.418, and WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning Organization (MPO) a project nomination package for TASA funding consideration, which is briefly described as Leopard St.And Oak Park Ave. Pedestrian Safety Improvements (Project), and Page 1 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number 116522 (MO) dated August 16, 2023 awarding funding for TASA projects in the TASA Program Call of the State, including Project, and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated {enter date of resolution}, which is attached to and made a part of this Agreement as Attachment C, Resolution or Ordinance. A map showing the Project location appears in Attachment A, Project Location Map, which is attached to and made a part of this Agreement, and NOW, THEREFORE, the State and the Local Government agree as follows: AGREEMENT 1. Period of Agreement and Performance A. Period of Agreement. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided below. B. Period of Performance. 1. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization and Agreement (FPAA) for that phase of work. Local Government may not begin work until issued the State Letter of Authority (SLOA) for that phase of work. 2. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Scope of Work and Use of Project A. The scope of work for Project consists of constructing infrastructure improvements for pedestrian walk and bike on Leopard Street from Villa Dr. to Upriver Rd. B. Any project changes proposed must be submitted in writing by Local Government to State. Substantive changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 3. Project Sources and Uses of Funds The total estimated development cost of the Project is shown in Attachment B, Project Budget Estimate and Source of Funds (Attachment B). A. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one Page 2 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of the Project. State in its discretion may deny reimbursement if Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The total estimated project cost as shown in Attachment B incudes the Local Government's estimated itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. Local Government must submit to State evidence of payment for eligible in-kind costs at least once per calendar quarter using the State's In-Kind Match Reporting form. C. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. D. The Project budget and source of funds estimate based on the budget provided in the application is included in Attachment B. Attachment B shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal TASA funds assigned by the Commission or MPO in consultation with State. This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the TASA, FPAA, or other federal documents. E. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. F. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. If the Project was State- selected, the State may apply a portion of any excess program funds to cover all or a portion of any overrun based on criteria provided by 43 Tex. Admin. Code §11.411(d). Page 3 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements G. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment B for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment B for State's estimated construction oversight and construction cost. J. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment B and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. K. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation". The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. L. Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. M. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. N. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, Page 4 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. P. State will not pay interest on any funds provided by Local Government. Q. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. R. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. S. If Local Government is an Economically Disadvantaged County (EDC) or the State or MPO selected project meets the State's or MPO's criteria to receive Transportation Development Credits in lieu of providing a cash local match, and the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 4. Termination of the Agreement A. This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; 2. By any party with 90 days written notice; or 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. B. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. C. The Agreement may be terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; D. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. E. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: Page 5 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements 1. Local Government fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 — 11.418. 2. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. 3. Local Government withdraws from participation in Project. 4. State determines that federal funding may be lost due to Project not being implemented and completed. 5. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. 6. A construction contract has not been awarded or construction has not been initiated within three years after the date that the Commission or MPO selected the project or by a letting date determined by the state and agreed to by the Local Government. 7. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. F. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice from Local Government within 270 days of FPAA. 5. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete Project, or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utilities or utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utilities or utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. At the State's discretion, State may reimburse Local Government for minor, incidental utility adjustments that are identified during the preliminary engineering phase if they are eligible for federal reimbursement. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TASA participation if the following conditions are met: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3) Page 6 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements TASA funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 8. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal- aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of Project. B. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. C. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment, including any public hearing requirements that may be necessary when adding a bike lane. D. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services A. Architectural and engineering services for preliminary engineering will be provided by the State. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services or if these services will be used as in-kind contributions; and with Texas Government Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. Variety B. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All design criteria for bicycle and pedestrian bridges Page 7 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements must comply with TxDOT's Bridge Design Manual and AASHTO's Load and Resistance Factor Design (LRFD) Guide Specifications for the Design of Pedestrian Bridges (latest edition) as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. C. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval on an agreed upon schedule. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. D. When architectural and engineering services are provided by or through State, then the State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work, including any proposed changes to the scope of work, as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. To ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. B. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. C. All contract change order review and approval procedures must be approved by State prior to start of construction. D. If the Local Government is the responsible party, the State must review and approve change orders. E. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. F. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.B. G. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the Page 8 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements opportunity to assist in the final review of the construction services performed by the contractor. 12. Project Maintenance A. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. C. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 13. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. Page 9 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements B. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR §24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. D. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1) State, if the real property is to be made part of the State Highway System, or (2) Local Government, if the real property is not to be made part of the State Highway System. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. E. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. F. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. Local Government will not be reimbursed for right-of-way costs on state-selected projects. G. For State-selected TASA projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TASA Project. H. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to Page 10 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements appraisers for expenses incurred in order to assure good title. Local Government will not be reimbursed for right-of-way costs on state-selected projects. I. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. J. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment. For State-selected projects, this is outlined in 43 Tex. Admin. Code §11.417. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. K. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. M. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 14. Insurance A. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. B. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. Page 11 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements 15. Notices, Invoices, Payments, and Project Inquiries All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 801 Leopard St. 125 E. 11 t" Street Corpus Christi Texas, 78401 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Invoicing, payment, and project inquiries must be sent to the following address, which the State may change by sending written notice of the change to the Local Government: Texas Department of Transportation ATTN: Director of TP&D 1701 S. Padre Island Dr. Corpus Christi, Texas 78416 All invoicing, payment, and project inquiries must include the following information: County: Nueces Local Government: City of Corpus Christi CSJ No.: 0074-09-016 Project Name: Leopard St. And Oak Park Ave. Pedestrian Safety Improvements Highway or Roadway: Leopard Street 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by State shall remain the property of State. All data prepared under this Agreement shall be made available Page 12 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State. The originals shall remain the property of Local Government. 19. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 20. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, Local Government shall furnish State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly Page 13 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of Page 14 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Page 15 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. B. Local Government shall adopt, in its totality, State's federally approved DBE program. C. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.Of. E. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). F. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate." 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, Page 16 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC §1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.qpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf. B. Local Government agrees that it shall: Page 17 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements 1. Obtain and provide to State a System for Award Management (SAM) number (Federal Acquisition Regulation (FAR) Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://sam.gov/SAM/pages/public/index.jsf 2. Obtain and provide to State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to State if: a. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and b. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits(d)_txdot.gov . C. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Page 18 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Leopard St. and Oak Park Ave. Project Name AFA Not Used For Research&Development Pedestrian Safety Improvements Each party is signing this agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Typed or Printed Name Typed or Printed Name Typed or Printed Title Typed or Printed Title Date Date Page 19 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0074-09-016 1 AFA ID Z00005407 CFDA No. 20.205 AFA CSJs 0074-09-016 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Leopard St.and Oak Park Ave. AFA Not Used For Research&Development Pedestrian Safety Improvements I F ATTACHMENT A PROJECT LOCATION MAP CSJ:0074-09-016 Project Roads/Limits ` On Leopard St.from Villa Dr. f. to Oak Park Ave \a AP it 7 ;9 !f , _eoc's'a s. f , Page 1 of 1 AFA TASA Attachment A TxDOT: Federal Highway Administration: CC51# 0074-09-016 1 AFA ID I Z00005407 CFDA No. 20.205 AFA C51s 0074-09-016 CFDA Title Highway Planning and Construction District# 1 16 Code Chart 64# 09800 Project Name Leopard St.and Oak Park Ave. AFA Not Used For Research&Development Pedestrian Safety Improvements ATTACHMENT B PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant/LG Lets Project for Construction Work Performed by Local Government("LG") Description of Total Project Federal Participation State Participation Local Government Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes authorized TDC amounts Includes authorized N/A reduction apportionment on projects where apportionment on projects where applicable applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction Cost $616,649.00 Construction $123,310.00 En ineerin Cost Eligible In-Kind $ Contribution Value Total Construction Value sum of construction cost and in-kind value $739,859.00 80% $591,887.00 0% $0 1 20% $147,972.00 Work by LG Subtotal $739,859.00 $591,887.00 $0 $147,972.00 Work Performed by the State(Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction Cost $ $0 Eligible In-Kind $ $0 0% $0 0% $0 0% Contribution Value AFA TASA Page 1 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0074-09-016 1 AFA ID I Z00005407 CFDA No. 20.205 AFA C51s 0074-09-016 CFDA Title Highway Planning and Construction District# 1 16 Code Chart 64# 09800 Project Name Leopard St.and Oak Park Ave. AFA Not Used For Research&Development Pedestrian Safety Improvements Total Construction Value sum of construction cost and in-kind value Work by State Subtotal I $0 $0 $0 $0 OversightDirect and Indirect State Costs Incurred for Review,Inspection,Administration& Description of Total Project Federal Participation State Participation Local Government(LG) Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes authorized TDC amount Participation apportionment on projects where apportionment on projects where Includes authorized N/A reduction applicable applicable % Cost % Cost % Cost Preliminary Engineering' $18,497.00 80% $14,798.00 0% $0 20% $3,699.00 Environmental Cost' $18,497.00 80% $14,798.00 0% $0 20% $3,699.00 Right of Way' $7,398.00 80% $5,918.00 0% $0 20% $1,480.00 Utilities' $7,398.00 80% $5,918.00 0% $0 20% $1,480.00 Constructionz $22,196.00 80% $17,757.00 0% $0 20% $4,439.00 Direct State Costs Subtotal $73,986.00 80% $59,189.00 0% $0 20% $14,797 Indirect State Cost $34,995.00 $0 100% $34,995.00 $0 TOTAL PARTICIPATION $848,840.00 $651,076.00 $34,995.00 $162,769.00 In-kind Contribution Credit Applied 0% $0 TOTAL REMAINING PARTICIPATION AFTER I $0 IN-KIND CONTRIBUTION ■ The estimated total participation by Local Government is$162,769.00. ■ The Local Government is responsible for 100%of overruns. ■ Total estimated payment by Local Government to State is$14,797.00.00. ■ 'Local Government's first payment of$1 3358 is due to State within 30 days from execution of this contract. ■ 2 Local Government's second payment of$4,439 is due to State within 60 days prior to the Construction contract being advertised for bids. ■ 3If ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition. AFA TASA Page 2 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0074-09-016 1 AFA ID I Z00005407 CFDA No. 20.205 AFA C51s 0074-09-016 CFDA Title Highway Planning and Construction District# 1 16 Code Chart 64# 09800 Project Name Leopard St.and Oak Park Ave. AFA Not Used For Research&Development Pedestrian Safety Improvements ■ The local match must be 20%or greater and may include State contributions,eligible in-kind contributions, EDC adjustments, or TDCs if authorized as part of project selection. ■ Transportation Development Credits(TDC)are being utilized in place of the Local Government's participation in the amount of 0.00. ■ This is an estimate;the final amount of Local Government participation will be based on actual costs. ■ Maximum federal TASA funds available for Project are$651,076.00. AFA TASA Page 3 of 3 Attachment B 1/23/2024 Project Name: Leopard Street and Oak Park Pedestrian Safety Improvements Project Number: 23142 Owner: City of Corpus Christi Bidder: Final Submittal-Engineer's Opinion of Probable Construction Cost-Base Bid OAR: Joseph Johnson,Assistant Director of Engineering Services: Construction Management Designer: Freese and Nichols, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION (MAX 5%PART A) LS 1 $ 2,700.00 $ 2,700.00 A2 BONDS AND INSURANCE (MAX 2%) LS 1 $ 7,500.00 $ 7,500.00 A3 BLOCK SODDING SY 483 $ 6.00 $ 2,898.00 A4 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 5 $ 8,000.00 $ 40,000.00 A5 TEMP SEDMT CONT FENCE (INSTALL) LF 100 $ 10.00 $ 1,000.00 A6 TEMP SEDMT CONT FENCE (REMOVE) LF 100 $ 2.00 $ 200.00 A7 TEMP SDMT CONT FENCE(INLET PROTECTION) EA 1S $ 300.00 $ 4,500.00 SUBTOTAL PART A-GENERAL(Items Al thru A7) $ 58,798.00 Part B-STREET IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 MOBILIZATION (MAX 5%PART B) LS 1 $ 13,000.00 $ 13,000.00 B2 REMOVING CONC(MEDIANS) SY 210 $ 45.00 $ 9,450.00 B3 REMOVING CONC(CURB AND GUTTER) LF 410 $ 30.00 $ 12,300.00 B4 REMOVING STAB BASE&ASPH PAV(6"-8") SY 650 $ 15.00 $ 9,750.00 B5 REMOVE EXISTING SIGN ASSEMBLIES EA 4 $ 100.00 $ 400.00 B6 REMOVE AND REPLACE EXISTING CURB INLET TOP EA 3 $ 2,000.00 $ 6,000.00 B7 FLEXIBLE PAVEMENT STRUCTURE REPAIR(8") SY 443 $ 175.00 $ 77,525.00 B8 CONC CURB&GUTTER(TY II) LF 670 $ 45.00 $ 30,150.00 B9 DRIVEWAYS(CONC)(6") SY 386 $ 120.00 $ 46,320.00 B10 CONC DIRECTIONAL ISLAND SY 176 $ 130.00 $ 22,880.00 B11 IN SM RD SN SUP&AM TY10BWG(1)SA(P) EA 9 $ 1,000.00 $ 91000.00 B12 IN SM RD SN SUP&AM (INST SIGN ONLY) EA 2 $ 400.00 $ 800.00 B13 INSTIL DEL ASSM (D-SW)SZ 2(WFLX)SRF(BI) EA 5 $ 100.00 $ 500.00 B14 INSTIL DEL ASSM (D-SY)SZ 2(YFLX)SRF(BI) EA 4 $ 100.00 $ 400.00 B15 REFL PAV MRK TY I (W)4"(DOT)(090MIL) LF 360 $ 1.00 $ 360.00 B16 REFL PAV MRK TY I (W)4"(SLD)(090MIL) LF 570 $ 1.00 $ 570.00 B17 REFL PAV MRK TY I (W)8"(SLD)(090MIL) LF 350 $ 2.00 $ 700.00 B18 REFL PAV MRK TY I (W)8"(DOT)(090MIL) LF 97 $ 2.00 $ 194.00 B19 RE PM TY 1(Y)4"(SLD)(090MIL)(CALLOUT) LF 1860 $ 1.00 $ 1,860.00 B20 PREFAB PAV MRK TY C(W) (24") (SLD) LF 505 $ 20.00 $ 10,100.00 B21 PREFAB PAV MRK TY C(W) (ARROW) EA 4 $ 300.00 $ 1,200.00 B22 PREFAB PAV MRK TY C(W) (WORD) EA 4 $ 300.00 $ 1,200.00 B23 PREFAB PAV MRK TY C(W) (36") (YLD TRI) EA 5 $ 100.00 $ 500.00 B24 PREFAB PAV MRK TY C(Y) (12") (SLD) LF 400 $ 10.00 $ 4,000.00 B25 ERADICATE EXISTING STRIPING LF 2100 $ 1.00 $ 2,100.00 Final OPCC Leopard Street and Oak Park Pedestrian Safety Improvements-Project No.23142 September 2024 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT B26 ERADICATE EXISTING CROSSWALK OR STOP BARS LF 230 $ 5.00 $ 1,150.00 B27 ERADICATE EXISTING ARROWS OR WORDS EA 28 $ 50.00 $ 1,400.00 B28 Allowance for Unanticipated Street-Related Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B28) $ 288,809.00 Part C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 MOBILIZATION (MAX 5%PART C) LS 1 $ 6,900.00 $ 6,900.00 C2 REMOVING CONC(SIDEWALKS) SY 705 $ 35.00 $ 24,675.00 C3 CONC SIDEWALKS(4") SY 755 $ 105.00 $ 79,275.00 C4 CONC SIDEWALKS(5") BUS SHELTER PAD SY 33 $ 140.00 $ 4,620.00 C5 CURB RAMPS(TY 2) SY 15 $ 170.00 $ 2,550.00 C6 CURB RAMPS(TY 6) SY 49 $ 170.00 $ 8,330.00 C7 CURB RAMPS(TY 21) SY 7 $ 170.00 $ 1,190.00 C8 CURB RAMPS(TY 22) SY 23 $ 170.00 $ 3,910.00 C9 SIDEWALK RETAINING CURB LF 100 $ 45.00 $ 4,500.00 C10 Allowance for Unanticipated ADA Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C10) $ 145,950.00 Part D-SIGNALIZATION IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 MOBILIZATION (MAX 5%PART D) LS 1 $ 23,000.00 $ 23,000.00 REMOVE PEDESTAL POLES, FOUNDATIONS, RRFB SYSTEM, D2 EA 2 AND SIGNS AND SALVAGE TO CITY $ 1,000.00 $ 2,000.00 D3 DRILL SHAFT(TRF SIG POLE)(24 IN) LF 18 $ 200.00 $ 3,600.00 D4 DRILL SHAFT(TRF SIG POLE)(36 IN) LF 60 $ 400.00 $ 24,000.00 D5 CONDT(PVC)(SCHD 40) (2") LF 75 $ 25.00 $ 1,875.00 D6 CONDT(PVC)(SCHD 40) (2") (BORE) LF 715 $ 35.00 $ 25,025.00 D7 CONDT(PVC)(SCHD 40) (3") LF 80 $ 35.00 $ 2,800.00 D8 CONDT(PVC)(SCHD 40) (4") LF 10 $ 45.00 $ 450.00 D9 CONDT(PVC)(SCHD 40) (4") (BORE) LF 370 $ 60.00 $ 22,200.00 D10 ELEC CONDR(NO. 10) INSULATED GREEN (I.T.GROUND) LF 725 $ 1.50 $ 1,087.50 D11 ELEC CONDR(NO.8) INSULATED LF 550 $ 2.00 $ 1,100.00 D12 ELEC CONDR(NO. 6) BARE LF 10 $ 3.00 $ 30.00 D13 ELEC CONDR(NO. 6) INSULATED LF 20 $ 3.00 $ 60.00 D14 TRAY CABLE(3 CONDR) (12 AWG) LF 940 $ 5.00 $ 4,700.00 D15 LUMINAIRE CABLE(2 CNDR) (12 AWG)W/GROUND LF 785 $ 3.00 $ 2,355.00 D16 GROUND BOX TY D(162922)W/APRON EA 6 $ 2,000.00 $ 12,000.00 D17 ELC SRV TY D 120/240 060(NS)AL(E)SP(0) EA 1 $ 10,000.00 $ 10,000.00 D18 INSTALL HIGHWAY TRAFFIC SIGNAL(ISOLATED) EA 1 $ 15,000.00 $ 15,000.00 D19 VEH SIG SEC(12") LED(GRN) EA 8 $ 300.00 $ 2,400.00 D20 VEH SIG SEC(12") LED(GRN ARW) EA 2 $ 300.00 $ 600.00 D21 VEH SIG SEC(12") LED(YEL) EA 8 $ 300.00 $ 2,400.00 D22 IVEH SIG SEC(12") LED(YEL ARW) EA 4 $ 300.00 $ 1,200.00 D23 VEH SIG SEC(12") LED(RED) EA 8 $ 300.00 $ 2,400.00 D24 VEH SIG SEC(12") LED(RED ARW) EA 2 $ 300.00 $ 600.00 D25 PED SIG SEC LED(COUNTDOWN) EA 6 $ 800.00 $ 4,800.00 D26 LOUVERED VACUUM FORMED ABS BACK PLATE(12") (3 SEC) 3M YELLOW RETROREFLECTIVE 2"TAPE EA 8 $ 175.00 $ 1,400.00 LOUVERED VACUUM FORMED ABSBACK PLATE (12") (4 SEC) D27 EA 2 3M YELLOW RETROREFLECTIVE 2"TAPE $ 200.00 $ 400.00 Final OPCC Leopard Street and Oak Park Pedestrian Safety Improvements-Project No.23142 September 2024 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT D28 TRF SIG CBL(TY A) (12 AWG) (2 CONDR) LF 1,130 $ 2.00 $ 2,260.00 D29 TRF SIG CBL(TY A) (14 AWG) (4 CONDR) LF 510 $ 2.00 $ 1,020.00 D30 TRF SIG CBL(TY A) (14 AWG) (5 CONDR) LF 124 $ 3.00 $ 372.00 D31 TRF SIG CBL(TY A) (14 AWG) (16 CONDR) LF 800 $ 7.00 $ 5,600.00 D32 INS TRF SIG PL AM (S) 1 ARM (32')(LUM) EA 2 $ 13,500.00 $ 27,000.00 D33 INS TRF SIG PL AM (S) 1 ARM (40')(LUM) EA 1 $ 17,000.00 $ 17,000.00 D34 INS TRF SIG PL AM (S) 1 ARM (40') EA 1 $ 16,000.00 $ 16,000.00 D35 PED DETECT PUSH BUTTON (APS)w/R10-3E sign (Polara iDS2 APS with iDetect)(Touchless) EA 6 $ 1,200.00 $ 7,200.00 PED DETECTOR CONTROLLER UNIT((ICCU-S2)and D36 Interconnect Board (iN2-iCB)) EA 1 $ 4,300.00 $ 4,300.00 D37 Ped.Sig.Sec. (LED)(Countdown) EA 6 $ 900.00 $ 5,400.00 D38 Ped. Pole Assembly(10' Height) EA 3 $ 1,500.00 $ 4,500.00 INSTALL BBU SYSTEM (ALPHA FXM HP1100 UPS WITH with 48" D39 Outdoor BBS Enclosure(SE48-1616) (To Include All System Options) EA 1 $ 8,000.00 $ 8,000.00 CCTV FIELD EQUIPMENT(DIGITAL) (PTZ CAMERA-(Axis P5655- D40 E PTZ, 1080P,WDR,x32, IP66, Dome Network Camera) Including Mounting Equipment) EA 1 $ 7,500.00 $ 7,500.00 D41 ITS GND BOX(POLY)TY 1(243624)W/APRN EA 2 $ 2,500.00 $ 5,000.00 D42 FIBER OPTIC CABLE (INSTALLATION ONLY-FURNISHED BY CITY) LF 725 $ 1.00 $ 725.00 D43 ETHERNET CABLE CAT 5E FOR PTZ LF 225 $ 5.00 $ 1,125.00 MICROWAVE VEHICLE DETECTION SYSTEM (SMARTMICRO D44 MICROWAVE SENSOR—TRUGRD STREAM WITH COLOR CAMERA, SDLC MODULE,COM HUB SYNC PLC) EA 4 $ 11,000.00 $ 44,000.00 D45 SMARTMICRO—SDLC MODULE&COM HUB SYNC PLC EA 1 $ 3,000.00 $ 3,000.00 D46 SMARTMICRO— POWER AND DATA CABLE EA 1 $ 4,000.00 $ 4,000.00 D47 MAST ARM WIND DAMPER(FREY MANUFACTURING) EA 4 $ 1,000.00 $ 4,000.00 D48 ILSN (LED)8S(DURALIGHTJXM-STN) RIGID BACK MOUNT EA 4 $ 4,000.00 $ 16,000.00 D49 Duralight LED Luminaire(DURA-STR-25-4K-120-2-GR-SCLB) EA 3 $ 500.00 $ 1,500.00 D50 CONTROLLER CABINET(TS-2)WITH EXTENSION EA 1 $ 15,000.00 $ 15,000.00 D51 CONTROLLER FOUNDATION EA 1 $ 4,000.00 $ 4,000.00 D52 CONTROLLER ECONOLITE COBALT ATC 1000 EA 1 $ 5,000.00 $ 5,000.00 D53 MMU2-16LEip With Ethernet Port EA 1 $ 1,000.00 $ 1,000.00 D54 CISCO ETHERNET 4000 SWITCH 91E-4000-8GT8GP4G-E)AND EA 1 POWER SUPPLY(PWR-IE170W-PC-AC=) $ 9,000.00 $ 9,000.00 D55 lAllowance for Unanticipated Signalization Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART D-SIGNALIZATION IMPROVEMENTS(Di THRU DSS) $ 411,984.50 Final OPCC Leopard Street and Oak Park Pedestrian Safety Improvements—Project No.23142 September 2024 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A7) $ 58,798.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B28) $ 288,809.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C10) $ 145,950.00 SUBTOTAL PART D-SIGNALIZATION IMPROVEMENTS(Items D1 thru D55) $ 411,984.50 TOTAL PROJECT BASE BID(PARTS A THRU D) $ 905,541.50 Final OPCC Leopard Street and Oak Park Pedestrian Safety Improvements—Project No.23142 September 2024 V SION ZERO Ao600zi?. 0 0 CORPUS CHRISTIC. Texas Department of Transportation Advance Funding Agreement District 1: Leopard Street and Oak Park Avenue Pedestrian Safety Improvements City Council Presentation 4 \ August 19, 2025 Surface Transportation Block Grant- Set Aside STBG-SA o Category 9 Program (Federal cost reimbursement program). o Not a grant. o No funding is provided upfront to applicant. o Category 9 funds used to reimburse 80% of the costs paid by the applicant, up to the awarded amount. o Any cost overruns are the responsibility of the applicant. o Corpus Christi Metropolitan Organization (CCMPO) was allocated $4.5 million in federal funding for STBG-SA eligible projects. o Funding applicable for federal fiscal years 2022 - 2025. Surface Transportation Block Grant- Set Aside (STBG- • Eligible Projects (Small-Scale Transportation Related): o Pedestrian and bicycle facilities o Recreational trails o Safe routes to school projects o Community improvements o Environmental mitigation • Applicant responsible for pre-construction activities (w/local funds) o Design & Environmental clearance o Right-of-way and utility relocation/coordination o Resolution to execute AFA w/ TXDOT & payment of direct state costs • Federal Project Authorization and Agreement (FPAA) is required prior to TxDOT issuing each State Letter of Authority (SLOA). o Completion of the FPAA form allows the authorization of federal funds for reimbursement of the approved costs. Background • March 2022- City Council approved submission of (5) applications for CCMPOs 2021 Call for STBG-SA projects. o District 1: Leopard Street and Oak Park Avenue Pedestrian Safety Improvements o District 2: Ocean Drive Pedestrian Crossing Improvements o District 3: Mary Carroll Ditch Hike and Bike Trail Improvements o District 4: Encantada Avenue Pedestrian Safety Improvements o District 5: Brooke Road - Master Channel 27 Hike and Bike Project • CCMPO awarded all (5) Projects. • 100% Design Completed for all projects except Brooke Road. o Proposed improvements are incorporated in Bond 2024 project. Location Map 11,9AP 1 -SAFETY T Existing Leopard St and Oak Park Ave Oak Park Ave North of Leopard St r � xti 3k, opus cH `O R Project e Map RUBLIC WORK$ e52 OAK PARK AVENUE _ LEOPARD Concr Ped Curb Ramp ELMORE DRIVE o J K _ Z e- �» _ 'v oogle Earth r' �,y p Proposed Improvements • Signalized Intersection • ADA Enhancements o Curb Ramps LED Luminaire—�` - o 5-ft Sidewalks j • High-Visibility Crosswalks b LED Signal Heads&Illuminated Street Sign Pedestrian Pole&Curb -- Recommendation4 • Approve resolution executing AFA w/(TXDOT) o Execution of the AFA will obligate federal funding for the project. • Approval commits the City to the following: o Payment of direct state costs to TXDOT ($14,797.00.00) with FY 2025 funding from ARPA interest. o Responsibility for authorized Project cost and 100% overruns above federally authorized amount ($651,076.00). o Project bidding, award, and inspection (future Council action) Local Federal Project AFA Government State Participation Total Project Cos Contract# Participation Participation (80%) Estimate 20% 23142 0074-09-016 $162,769.00 $34,995.00 $651,076.00 $848,840.00 Note:Final OPCC (September 2024):$905,541.50 bus c� G� 0� v NCOgpOPAS EO AGENDA MEMORANDUM 1852 Action Item for City Council Meeting August 19, 2025 DATE: August 12, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services 0effreye(u-)-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Interim Assistant City Manager & Director of Public Works ernestod2(u-)-cctexas.com (361) 826-1677 Sergio Villasana, CPA, CGFO, CIA, Director of Finance & Procurement sergiov2Ca)-cctexas.com (361) 826-3227 Advance Funding Agreement Encantada Avenue Pedestrian Safety Improvements CAPTION: Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Encantada Avenue Pedestrian Safety Improvement Project for infrastructure improvements including a five foot sidewalk on Encantada Avenue, from Gypsy Street to Park Road 22, with the City's payment of $17,885.00 to TXDOT for direct state costs, located in Council District 4, with FY 2025 funding from ARPA interest. SUMMARY: This resolution authorizes the City Manager or designee to execute an AFA with TXDOT for pedestrian and bicycle safety infrastructure at Encantada Avenue with improvements including 5-foot sidewalks along Encantada Avenue, curb ramps, signage and pavement markings. The total estimated cost of the project is $1,025,962.00 with the City's participation at 20% estimated to be $196,733.00, with funding from ARPA interest. The City responsible for 100% of overruns BACKGROUND AND FINDINGS: In 2015, the Fixing America's Surface Transportation (FAST) Act was signed into law establishing the Surface Transportation Grant set-aside (STBG-SA) funding program (Category 9). The STGB-SA Category 9 program is a federal cost reimbursement program, not a grant. No funding is provided upfront. Category 9 funds are used to reimburse 80% of the costs paid by the applicant, up to the awarded amount. Any cost overruns are the responsibility of the applicant. For projects selected, the applicant is responsible for completing all pre-construction activities (design, environmental clearance, right-of-way and utility relocation/coordination) with local funds and project letting. Prior to project letting a fully executed Advanced Funding Agreement (AFA) with TXDOT and payment of any direct state costs is required. Additionally, a Federal Project Authorization and Agreement (FPAA) is required prior to TxDOT issuing each State Letter of Authority (SLOA). Completion of the FPAA form allows the authorization of federal funds for reimbursement of the approved costs. In 2021, the Corpus Christi Metropolitan Organization (CCMPO) conducted a call to evaluate and select eligible projects using a performance-based competitive selection process. The CCMPO was allocated $4.5 million in federal funding, for STBG-SA eligible projects, for federal fiscal years 2022 through 2025. Eligible applicants could apply for smaller-scale transportation projects such pedestrian and bicycle facilities, recreational trails, safe routes to school projects, community improvements, and environmental mitigation related to stormwater and habitat maintenance. The City of Corpus Christi (Public Works Department) received approval from City Council in March 2022 to submit five (5) grant applications, one per Council district, to the CCMPO as follows: 1. District 1: Oak Park ES Route to School- Leopard Street and Oak Park Avenue Pedestrian Improvements 2. District 2: Ocean Drive Pedestrian Crossing Improvements- (Oleander Point at Cole Park) 3. District 3: Mary Carroll HS Safe Route to School — Mary Carroll Ditch Hike and Bike Trail Improvements 4. District 4: Seashore Learning Center Safe Route to School — Encantada Avenue Pedestrian Safety Improvements 5. District 5: Brooke Road/Master Channel Pedestrian Improvements The CCMPO selected all five (5) applications. 100% designs have been completed by Freese and Nichols, Inc (FNI) for four projects. Resolutions authorizing the execution of AFAs are only being requested for the completed projects. An AFA for Brooke Road is not requested as pedestrian improvements and utility relocation will be addressed as part of the approved Bond 2024 Street Project. After execution of the AFA, City staff will return to City Council to receive approval to award the four projects to the lowest responsive bid, submitted by a qualified bidder, per the City's bidding process. The Encantada Avenue Pedestrian Safety Improvements (City Project 23145) involves constructing pedestrian and bicycle improvements including a 5-foot sidewalk along Encantada Avenue from Gypsy Street to Park Road 22, along with curb ramps, signage, and pavement markings. The Opinion of Probable Construction Cost (OPCC), provided by FNI, for this project is $840,087.00. A summary of the estimated project costs, as shown in the "Draft" AFA, are provided below: Local Federal AFA Government State Participation Total Project Cost Project Contract# Participation Participation (80%) Estimate 20% 23145 0916-35-256 $196,733.00 $42,298.00 $786,931.00 $1,025,962.00 ALTERNATIVES: Not authorizing the execution of the Advanced Funding Agreement would make the City ineligible for Category 9 funding, used to reimburse project sponsors for 80% of the awarded amount, which was allocated for fiscal years 2022 through 2025. Project could still be constructed with local funding. FISCAL IMPACT: The fiscal impact for FY 2025 is $17,885.00 for direct state costs to execute the Advance Funding Agreement, with funding available from ARPA interest. Funding Detail: Fund: 1076 ARPA Grant Fund Org/Activity: 89 Grants & CIP Dept 33 Streets Dept Account: 352076 Amount: $17,885.00 RECOMMENDATION: Staff recommend the execution of the AFA with TxDOT for the STBG-SA project. LIST OF SUPPORTING DOCUMENTS: Resolution Advanced Funding Agreement- 0916-35-256 Presentation Certificate of Funds Presentation Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Encantada Avenue Pedestrian Safety Improvement Project for a pedestrian walking and bike trail on Encantada Avenue, from Gypsy Street to Park Road 22, with the City's payment of $17,885.00 to TXDOT for direct state costs, located in Council District 4, with FY 2025 funding from ARPA interest. WHEREAS, the estimated project cost for State Transportation Alternatives Set-Aside (TASA) Program for the Encantada Avenue Pedestrian Safety Improvement Project is $1,025,962.00. Federal participation is $786,931.00, state participation is $42,298.00 and City participation is estimated to be $196,733.00. The City is responsible for 100% of cost overruns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee (Director of Engineering Service) is authorized to execute an Advance Funding Agreement (AFA) for the Encantada Avenue Pedestrian Safety Improvement Project with the City's payment to TXDOT in the amount of $17,885.00 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TxDOT: Federal Highway Administration: cCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROGRAM PROJECT TxDOT-Selected Off-System This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project ("Agreement") is made between the State of Texas (State), acting through the Texas Department of Transportation, and the City of Corpus Christi (Local Government), acting through its duly authorized officials. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for urbanized areas of Texas, and WHEREAS, Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA) are established in 23 USC §133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 — 11.418, and WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning Organization (MPO) a project nomination package for TASA funding consideration, which is briefly described as Encantada Avenue Pedestrian Safety Improvements (Project), and Page 1 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number 116522 (MO) dated August 16, 2023 awarding funding for TASA projects in the TASA Program Call of the State, including Project, and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated {enter date of resolution}, which is attached to and made a part of this Agreement as Attachment C, Resolution or Ordinance. A map showing the Project location appears in Attachment A, Project Location Map, which is attached to and made a part of this Agreement, and NOW, THEREFORE, the State and the Local Government agree as follows: AGREEMENT 1. Period of Agreement and Performance A. Period of Agreement. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided below. B. Period of Performance. 1. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization and Agreement (FPAA) for that phase of work. Local Government may not begin work until issued the State Letter of Authority (SLOA) for that phase of work. 2. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Scope of Work and Use of Project A. The scope of work for Project consists of constructing infrastructure consisting of curb ramps, signage, and pavement markings which includes a 5-foot sidewalk, limits from Gypsy St. to Park Road 22, along Encantada Avenue. B. Any project changes proposed must be submitted in writing by Local Government to State. Substantive changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 3. Project Sources and Uses of Funds The total estimated development cost of the Project is shown in Attachment B, Project Budget Estimate and Source of Funds (Attachment B). A. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one Page 2 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of the Project. State in its discretion may deny reimbursement if Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The total estimated project cost as shown in Attachment B incudes the Local Government's estimated itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. Local Government must submit to State evidence of payment for eligible in-kind costs at least once per calendar quarter using the State's In-Kind Match Reporting form. C. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. D. The Project budget and source of funds estimate based on the budget provided in the application is included in Attachment B. Attachment B shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal TASA funds assigned by the Commission or MPO in consultation with State. This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the TASA, FPAA, or other federal documents. E. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. F. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. If the Project was State- selected, the State may apply a portion of any excess program funds to cover all or a portion of any overrun based on criteria provided by 43 Tex. Admin. Code §11.411(d). Page 3 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements G. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment B for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment B for State's estimated construction oversight and construction cost. J. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment B and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. K. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation". The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. L. Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. M. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. N. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, Page 4 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. P. State will not pay interest on any funds provided by Local Government. Q. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. R. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. S. If Local Government is an Economically Disadvantaged County (EDC) or the State or M PO selected project meets the State's or M PO's criteria to receive Transportation Development Credits in lieu of providing a cash local match, and the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 4. Termination of the Agreement A. This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; 2. By any party with 90 days written notice; or 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. B. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. C. The Agreement may be terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; D. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. E. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: Page 5 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements 1. Local Government fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400— 11.418. 2. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. 3. Local Government withdraws from participation in Project. 4. State determines that federal funding may be lost due to Project not being implemented and completed. 5. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. 6. A construction contract has not been awarded or construction has not been initiated within three years after the date that the Commission or MPO selected the project or by a letting date determined by the state and agreed to by the Local Government. 7. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. F. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice from Local Government within 270 days of FPAA. 5. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete Project, or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utilities or utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utilities or utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. At the State's discretion, State may reimburse Local Government for minor, incidental utility adjustments that are identified during the preliminary engineering phase if they are eligible for federal reimbursement. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TASA participation if the following conditions are met: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3) Page 6 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements TASA funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 8. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal- aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of Project. B. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. C. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment, including any public hearing requirements that may be necessary when adding a bike lane. D. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services A. Architectural and engineering services for preliminary engineering will be provided by the Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services or if these services will be used as in-kind contributions; and with Texas Government Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. Variety B. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All design criteria for bicycle and pedestrian bridges Page 7 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements must comply with TxDOT's Bridge Design Manual and AASHTO's Load and Resistance Factor Design (LRFD) Guide Specifications for the Design of Pedestrian Bridges (latest edition) as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. C. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval on an agreed upon schedule. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. D. When architectural and engineering services are provided by or through State, then the State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work, including any proposed changes to the scope of work, as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. To ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. B. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. C. All contract change order review and approval procedures must be approved by State prior to start of construction. D. If the Local Government is the responsible party, the State must review and approve change orders. E. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. F. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.B. G. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the Page 8 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements opportunity to assist in the final review of the construction services performed by the contractor. 12. Project Maintenance A. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. C. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 13. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. Page 9 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements B. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR §24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. D. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1) State, if the real property is to be made part of the State Highway System, or (2) Local Government, if the real property is not to be made part of the State Highway System. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. E. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. F. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. Local Government will not be reimbursed for right-of-way costs on state-selected projects. G. For State-selected TASA projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TASA Project. H. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to Page 10 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements appraisers for expenses incurred in order to assure good title. Local Government will not be reimbursed for right-of-way costs on state-selected projects. I. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. J. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment. For State-selected projects, this is outlined in 43 Tex. Admin. Code §11.417. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. K. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. M. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 14. Insurance A. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. B. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. Page 11 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: ccSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements 15. Notices, Invoices, Payments, and Project Inquiries All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 801 Leopard St. 125 E. 11t" Street Corpus Christi Texas, 78401 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Invoicing, payment, and project inquiries must be sent to the following address, which the State may change by sending written notice of the change to the Local Government: Texas Department of Transportation ATTN: Director of TP&D 1701 S. Padre Island Dr. Corpus Christi, Texas 78416 All invoicing, payment, and project inquiries must include the following information: County: N ueces Local Government: City of Corpus Christi CSJ No.: 0916-35-256 Project Name: Encantada Avenue Pedestrian Safety Improvements Highway or Roadway: Encantada Avenue 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by State shall remain the property of State. All data prepared under this Agreement shall be made available Page 12 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State. The originals shall remain the property of Local Government. 19. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 20. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, Local Government shall furnish State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly Page 13 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of Page 14 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Page 15 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. B. Local Government shall adopt, in its totality, State's federally approved DBE program. C. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.Of. E. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). F. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate." 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, Page 16 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC §1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.qpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pd . B. Local Government agrees that it shall: Page 17 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements 1. Obtain and provide to State a System for Award Management (SAM) number (Federal Acquisition Regulation (FAR) Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://sam.gov/SAM/pages/public/index.jsf 2. Obtain and provide to State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to State if: a. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and b. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits(a)txdot.gov . C. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Page 18 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA CSJs 0916-35-256 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements Each party is signing this agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Typed or Printed Name Typed or Printed Name Typed or Printed Title Typed or Printed Title Date Date Page 19 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CSJ # 0916-35-256 CFDA No. 20.205 District# CRP 16 AFA ID I Z00005408 CFDA Title Highway Planning and Construction Code Chart 64# 09800 Project Name EncantadaAvePedSafetylmprovements AFA Not Used For Research&Development ATTACHMENT A PROJECT LOCATION MAP ark CSJ:091&— 5-25 Rc On Encantada from Gypsy treet to Park Read 22 1 - 6 J [p5 h Page 1 of 1 AFA TASA Attachment A TxDOT: Federal Highway Administration: CC51# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA C51s 0916-35-256 CFDA Title Highway Planning and Construction District# 1 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements ATTACHMENT B PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant/LG Lets Project for Construction Work Performed by Local Government("LG") Description of Total Project Federal Participation State Participation Local Government Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes percentage for TDC Participation apportionment on projects where apportionment on projects where Includes authorized N/A reduction applicable applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction Cost $745,200.00 Construction $149,040.00 En ineerin Cost Eligible In-Kind $ Contribution Value Total Construction Value sum of construction cost and in-kind value $894,240.00 80% $715,392.00 0% $0 20% $178,848.00 Work by LG Subtotal $894,240.00 $715,392.00 $0 $178,848.00 Work Performed by the State(Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way' $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction CostZ 1 $ $0 0% $0 0% $0 0% $0 AFA TASA Page 1 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA C51s 0916-35-256 CFDA Title Highway Planning and Construction District# 1 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements Eligible In-Kind $ Contribution Value Total Construction Value sum of construction cost and in-kind value Work by State Subtotal $0 $0 $0 $0 Direct and Indirect State Costs Incurred for Review,Inspection,Administration&Oversight Description of Total Project Federal Participation State Participation Local Government(LG) Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes percentage for TDC Participation apportionment on projects where apportionment on projects where Includes authorized N/A reduction applicable applicable % Cost % Cost % Cost Preliminary Engineering' $22,356.00 80% $17,885.00 0% $0 20% $4,471.00 Environmental Cost' $22,356.00 80% $17,885.00 0% $0 20% $4,471.00 Right of Way' $7,154.00 80% $5,723.00 0% $0 20% $1,431.00 Utilities' $7,154.00 80% $5,723.00 0% $0 20% $1,431.00 Construction2 $30,404.00 80% $24,323.00 0% $0 20% $6,081.00 Direct State Costs Subtotal $89,424.00 80% $71,539.00 0% $0 20% $17,885.00 Indirect State Cost $42,298.00 $0 100% $42,298.00 $0 TOTAL PARTICIPATION $1,025,962.00 $786,931.00 $42,298.00 $196,733.00 In-kind Contribution Credit Applied 00 $0 TOTAL REMAINING PARTICIPATION AFTER $0 IN-KIND CONTRIBUTION ■ The estimated total participation by Local Government is$196,733.00. ■ The Local Government is responsible for 100%of overruns. ■ Total estimated payment by Local Government to State is$17.885.00.. ■ 'Local Government's first payment of$11,804.00 is due to State within 30 days from execution of this contract. AFA TASA Page 2 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-35-256 1 AFA ID I Z00005408 CFDA No. 20.205 AFA C51s 0916-35-256 CFDA Title Highway Planning and Construction District# 1 16 Code Chart 64# 09800 Project Name Encantada Avenue Pedestrian AFA Not Used For Research&Development Safety Improvements ■ 2 Local Government's second payment of$6,081.00 is due to State within 60 days prior to the Construction contract being advertised for bids. ■ 'If ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition. ■ The local match must be 20%or greater and may include State contributions,eligible in-kind contributions, EDC adjustments, or TDCs if authorized as part of project selection. ■ Transportation Development Credits(TDC)are being utilized in place of the Local Government's participation in the amount of 0.00. ■ This is an estimate;the final amount of Local Government participation will be based on actual costs. ■ Maximum federal TASA funds available for Project are$786,931.00. AFA TASA Page 3 of 3 Attachment B 1/23/2024 Project Name: Encantada Avenue Pedestrian Safety Improvements Project Number: 23145 Owner: City of Corpus Christi Bidder: Final Submittal-Engineer's Opinion of Probable Construction Cost-Base Bid OAR: Joseph Johnson,Assistant Director of Engineering Services: Construction Management Designer: Freese and Nichols, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION (MAX 5%PART A) LS 1 $ 8,400.00 $ 8,400.00 A2 BONDS AND INSURANCE (MAX 2%) LS 1 $ 7,500.00 $ 7,500.00 A3 BLOCK SODDING SY 100 $ 10.00 $ 1,000.00 A4 PREPARING ROW AC 4 $ 25,000.00 $ 100,000.00 A5 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 4 $ 10,000.00 $ 40,000.00 A6 REMOVE EXISTING SIGNS EA 21 $ 200.00 $ 4,200.00 A7 REMOVE AND RELOCATE SIGNS EA 2 $ 500.00 $ 1,000.00 A8 REMOVE EXISTING TREE EA 1 $ 2,500.00 $ 2,500.00 A9 TEMP SEDMT CONT FENCE (INSTALL) LF 410 $ 10.00 $ 4,100.00 A10 ITEMP SEDMT CONT FENCE (REMOVE) LF 410 $ 2.00 $ 820.00 All ITEMP SDMT CONT FENCE(INLET PROTECTION) LF 450 $ 15.00 $ 6,750.00 SUBTOTAL PART A-GENERAL(Items Al thru All) $ 176,270.00 Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 MOBILIZATION (MAX 5%PART B) LS 1 $ 13,300.00 $ 13,300.00 B2 REMOVING CONC(DRIVEWAYS) SY 185 $ 25.00 $ 4,625.00 B3 REMOVING CONC(CURB AND GUTTER) LF 1400 $ 30.00 $ 42,000.00 B4 FLEXIBLE PAVEMENT STRUCTURE REPAIR(6") SY 314 $ 90.00 $ 28,260.00 B5 CONC CURB(TY 1) LF 100 $ 40.00 $ 4,000.00 B6 CONC CURB&GUTTER(TY II) LF 1420 $ 70.00 $ 99,400.00 B7 DRIVEWAYS(CONC)(6") SY 180 $ 120.00 $ 21,600.00 B8 IN SM RD SN SUP&AM TYIOBWG(1)SA(P) EA 27 $ 1,000.00 $ 27,000.00 B9 1PREFAB PAV MRK TY C(W) (24") (SLD) LF 1 510 $ 25.00 $ 12,750.00 B10 PREFAB PAV MRK TY C(W) (18") (YLD TRI) EA 24 $ 18.00 $ 432.00 B11 ERADICATE EXISTING STRIPING LF 450 $ 2.00 $ 900.00 B12 Allowance for Unanticipated Street-Related Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B12) $ 279,267.00 Part C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 MOBILIZATION (MAX 5%PART C) LS 1 $ 18,000.00 $ 18,000.00 C2 REMOVING CONC(SIDEWALKS) SY 70 $ 35.00 $ 2,450.00 C3 CONC SIDEWALKS(4") SY 2220 $ 110.00 $ 244,200.00 C4 CURB RAMPS(TY 6) EA 4 $ 3,500.00 $ 14,000.00 C5 CURB RAMPS(TY 8) EA 13 $ 3,500.00 $ 45,500.00 C6 ICURB RAMPS(TY 9) EA 7 $ 4,500.00 $ 31,500.00 Final OPCC Encantada Avenue Pedestrian Safety Improvements—Project No.23145 September 2024 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT C7 CURB RAMPS(TY 10) EA 3 $ 3,500.00 $ 10,500.00 C8 Allowance for Unanticipated ADA Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C8) $ 376,150.00 Part D-STORM WATER DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 MOBILIZATION (MAX 5%PART D) LS 1 $ 400.00 $ 400.00 D2 REMOVE AND REPLACE EXISTING CURB INLET TOP EA 2 $ 2,000.00 $ 4,000.00 D3 ADJUST EXISTING WATER VALVE TO FINISH GRADE EA 2 $ 1,000.00 $ 2,000.00 D4 ADJUST EXISTING STORM MANHOLE TO FINISH GRADE EA 1 $ 2,000.00 $ 2,000.00 SUBTOTAL PART D-STORM WATER IMPROVEMENTS(D1 THRU D4) $ 8,400.00 OPCC SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru All) $ 176,270.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B12) $ 279,267.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C8) $ 376,150.00 SUBTOTAL PART D-STORM WATER IMPROVEMENTS(Items D1 thru D4) $ 8,400.00 TOTAL PROJECT BASE BID(PARTS A THRU D) $ 840,087.00 Final OPCC Encantada Avenue Pedestrian Safety Improvements—Project No.23145 September 2024 V SION ZERO Ao600zi?• . . . . 0 CORPUS CHRISTI Resolution Approving Advance Funding Agreement w/TXDOT District 4: Encantada Avenue Pedestrian Safety Improvements City Council Presentation August 19, 2025 Surface Transportation Block Grant- Set Aside STBG-SA o Category 9 Program (Federal cost reimbursement program). o Not a grant. o No funding is provided upfront to applicant. o Category 9 funds used to reimburse 80% of the costs paid by the applicant, up to the awarded amount. o Any cost overruns are the responsibility of the applicant. o Corpus Christi Metropolitan Organization (CCMPO) was allocated $4.5 million in federal funding for STBG-SA eligible projects. o Funding applicable for federal fiscal years 2022 - 2025. - Surface Transportation Block Grant- Set Aside (STBG-SA) ' • Eligible Projects (Small-Scale Transportation Related): o Pedestrian and bicycle facilities o Recreational trails o Safe routes to school projects o Community improvements o Environmental mitigation • Applicant responsible for pre-construction activities (w/local funds) o Design o Environmental clearance o Right-of-way and utility relocation/coordination o Resolution to execute AFA w/ TXDOT & payment of direct state costs • After AFA execution, a State Letter of Authority (SLOA) & Federal Project Authorization and Agreement (FPAA) is required for authorization to use federal funds for reimbursement. Background • March 2022- City Council approved submission of (5) applications for CCMPOs 2021 Call for STBG-SA projects. o District 1: Leopard Street and Oak Park Avenue Pedestrian Safety Improvements o District 2: Ocean Drive Pedestrian Crossing Improvements o District 3: Mary Carroll Ditch Hike and Bike Trail Improvements o District 4: Encantada Avenue Pedestrian Safety Improvements o District 5: Brooke Road - Master Channel 27 Hike and Bike Project • CCMPO awarded all (5) Projects. • 100% Design Completed for all projects except Brooke Road. o Proposed improvements are incorporated in Bond 2024 project. Location Map MAP 1 - SAFETY ENCAMT/IWI AVENUE PEDESYPJRN PROJECT LIN41T5ILL- Existing Encantada Drive Palmira Drive Intersection 6 Proposed Map p OAIh P ns ' -- i; 'z °.l - r tea. - KEY: c i. Y �•- Sidewalk Curb Ramp a _ - - �.. - • •_� Crosswalk Pro Improvements Proposed p --- 5 ft Tied Sidewalk w/Bike Lane 15 . " High-Visibility ��z Crosswalks, Curb Ramps ` & School Zone Signs ; Recommendation4 • Approve resolution executing AFA w/(TXDOT) o Execution of the AFA will obligate federal funding for the project. • Approval commits the City to the following: o Payment of direct state costs to TXDOT ($17,885.00) with FY 2025 funding from ARPA interest. o Responsibility for authorized Total Project Cost Estimate ($1,025,962.00) and 100% overruns above Federal Participation amount ($786,931.00). o Project bidding, award, and inspection (future Council action). Local Federal Project AFA Government State Participation Total Project Cost Contract# Participation Participation (80%) Estimate 20% 23145 0916-35-256 $196,733.00 $42,298.00 $786,931.00 $1,025,962.00 Note:Final OPCC (September 2024):$840,087.0 .bus cr �o o� � v NoAPow�YE° AGENDA MEMORANDUM zss Action Item for City Council Meeting August 19, 2025 DATE: August 12, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services 0effreyea-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Interim Assistant City Manager & Director of Public Works ernestod2a-cctexas.com (361) 826-1677 Sergio Villasana, CPA, CGFO, CIA, Director of Finance & Procurement sergiov2(a)cctexas.com (361) 826-3227 Advance Funding Agreement Mary Carroll Ditch Hike and Bike Trail Improvements CAPTION: Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Mary Carroll Ditch Hike and Bike Trail Improvement Project for a pedestrian walking and bike trail along the Mary Carroll ditch, from the existing pathway to Carroll Lane with the City's payment of $23,362.00 to TXDOT for direct state costs, located in Council District 2, with FY 2025 funding from ARPA interest. SUMMARY: This resolution authorizes the City Manager or designee to execute an AFA with TXDOT for pedestrian and bicycle safety infrastructure improvements at Mary Carroll Ditch, with improvements including a 10-ft sidewalk/multi-use path. The total estimated cost of the project is $1,340,167.00 with the City's participation at 20% estimated to be $256,983.00, with funding from ARPA interest. The City responsible for 100% of overruns, . BACKGROUND AND FINDINGS: In 2015, the Fixing America's Surface Transportation (FAST) Act was signed into law establishing the Surface Transportation Grant set-aside (STBG-SA) funding program (Category 9). The STGB-SA Category 9 program is a federal cost reimbursement program, not a grant. No funding is provided upfront. Category 9 funds are used to reimburse 80% of the costs paid by the applicant, up to the awarded amount. Any cost overruns are the responsibility of the applicant. For projects selected, the applicant is responsible for completing all pre-construction activities (design, environmental clearance, right-of-way and utility relocation/coordination) with local funds and project letting. Prior to project letting a fully executed Advanced Funding Agreement (AFA) with TXDOT and payment of any direct state costs is required. Additionally, a Federal Project Authorization and Agreement (FPAA) is required prior to TxDOT issuing each State Letter of Authority (SLOA). Completion of the FPAA form allows the authorization of federal funds for reimbursement of the approved costs. In 2021, the Corpus Christi Metropolitan Organization (CCMPO) conducted a call to evaluate and select eligible projects using a performance-based competitive selection process. The CCMPO was allocated $4.5 million in federal funding, for STBG-SA eligible projects, for federal fiscal years 2022 through 2025. Eligible applicants could apply for smaller-scale transportation projects such pedestrian and bicycle facilities, recreational trails, safe routes to school projects, community improvements, and environmental mitigation related to stormwater and habitat maintenance. The City of Corpus Christi (Public Works Department) received approval from City Council in March 2022 to submit five (5) grant applications, one per Council district, to the CCMPO as follows: 1. District 1: Oak Park ES Route to School- Leopard Street and Oak Park Avenue Pedestrian Improvements 2. District 2: Ocean Drive Pedestrian Crossing Improvements- (Oleander Point at Cole Park) 3. District 3: Mary Carroll HS Safe Route to School — Mary Carroll Ditch Hike and Bike Trail Improvements 4. District 4: Seashore Learning Center Safe Route to School — Encantada Avenue Pedestrian Safety Improvements 5. District 5: Brooke Road/Master Channel Pedestrian Improvements The CCMPO selected all five (5) applications. 100% designs have been completed by Freese and Nichols, Inc (FNI) for four projects. Resolutions authorizing the execution of AFAs are only being requested for the completed projects. An AFA for Brooke Road is not requested as pedestrian improvements and utility relocation will be addressed as part of the approved Bond 2024 Street Project. After execution of the AFA, City staff will return to City Council to receive approval to award the four projects to the lowest responsive bid, submitted by a qualified bidder, per the City's bidding process. The Mary Carroll Ditch Hike and Bike Trail Improvement Project (City Project 23144) involves constructing a 10-ft sidewalk/multi-use path. The Opinion of Probable Construction Cost (OPCC), provided by FNI, for this project is $1,100,347.00. A summary of the estimated project costs, as shown in the "Draft" AFA, are provided below: Local Federal AFA Government State Participation Total Project Project Contract# Participation Participation (80%) Cost Estimate 20% 23144 1 0916-35-2551 $256,983.001 $55,251.001 $1,027,933.00 $1,340,167.00 ALTERNATIVES: Not authorizing the execution of the Advanced Funding Agreement would make the City ineligible for Category 9 funding, used to reimburse project sponsors for 80% of the awarded amount, which was allocated for fiscal years 2022 through 2025. Project could still be constructed with local funding. FISCAL IMPACT: The fiscal impact for FY 2025 is $23,362.00 for direct state costs to execute the Advance Funding Agreement, with funding available from ARPA interest. Funding Detail: Fund: 1076 ARPA Grant Fund Org/Activity: 89 Grants & CIP Dept 33 Streets Dept Account: 352076 Amount: $23,362.00 RECOMMENDATION: Staff recommends the execution of the AFA with TxDOT for the STBG-SA project. LIST OF SUPPORTING DOCUMENTS: Resolution Advanced Funding Agreement- 0916-35-255 Presentation Certificate of Funds Presentation Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Mary Carroll Ditch Hike and Bike Trail Improvement Project for a pedestrian walking and bike trail along the Mary Carroll ditch, from the existing pathway to Carroll Lane with the City's payment of $23,362.00 to TXDOT for direct state costs, located in Council District 2, with FY 2025 funding from ARPA interest. WHEREAS, the estimated project cost for State Transportation Alternatives Set-Aside (TASA) Program for the Mary Carroll Ditch Hike and Bike Trail Improvement Project is $1,340,167.00. Federal participation is $1,027,933.00, state participation is $55,251.00 and City participation is estimated to be $256,983.00. The City is responsible for 100% of cost overruns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee (Director of Engineering Service) is authorized to execute an Advance Funding Agreement (AFA) for the Mary Carroll Ditch Hike and Bike Trail Improvement Project with the City's payment to TXDOT in the amount of $23,362.00 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. PASSED and APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROGRAM PROJECT MPO-Selected Off-System This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project ("Agreement") is made between the State of Texas (State), acting through the Texas Department of Transportation, and the City of Corpus Christi (Local Government), acting through its duly authorized officials. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for urbanized areas of Texas, and WHEREAS, Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA) are established in 23 USC §133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400— 11.418, and WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning Organization (MPO) a project nomination package for TASA funding consideration, which is briefly described as Mary Carroll Ditch Hike and Bike Trail Improvements (Project), and Page 1 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number 116522 (MO) dated August 16, 2023 awarding funding for TASA projects in the TASA Program Call of the State, including Project, and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated {enter date of resolution}, which is attached to and made a part of this Agreement as Attachment C, Resolution or Ordinance. A map showing the Project location appears in Attachment A, Project Location Map, which is attached to and made a part of this Agreement, and NOW, THEREFORE, the State and the Local Government agree as follows: AGREEMENT 1. Period of Agreement and Performance A. Period of Agreement. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided below. B. Period of Performance. 1. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization and Agreement (FPAA) for that phase of work. Local Government may not begin work until issued the State Letter of Authority (SLOA) for that phase of work. 2. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Scope of Work and Use of Project A. The scope of work for Project consists of constructing sidewalk/multi-use path, adjacent to the Mary Carrol Ditch, that will extend the existing pedestrian pathway and connect to proposed City improvements along Carroll Lane, in Corpus Christi,Texas. B. Any project changes proposed must be submitted in writing by Local Government to State. Substantive changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 3. Project Sources and Uses of Funds The total estimated development cost of the Project is shown in Attachment B, Project Budget Estimate and Source of Funds (Attachment B). A. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one Page 2 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of the Project. State in its discretion may deny reimbursement if Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The total estimated project cost as shown in Attachment B incudes the Local Government's estimated itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. Local Government must submit to State evidence of payment for eligible in-kind costs at least once per calendar quarter using the State's In-Kind Match Reporting form. C. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. D. The Project budget and source of funds estimate based on the budget provided in the application is included in Attachment B. Attachment B shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal TASA funds assigned by the Commission or MPO in consultation with State. This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the TASA, FPAA, or other federal documents. E. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. F. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. If the Project was State- selected, the State may apply a portion of any excess program funds to cover all or a portion of any overrun based on criteria provided by 43 Tex. Admin. Code §11.411(d). Page 3 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements G. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment B for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment B for State's estimated construction oversight and construction cost. J. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment B and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. K. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation". The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. L. Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. M. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. N. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor Page 4 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements with access to any information the state auditor considers relevant to the investigation or audit. P. State will not pay interest on any funds provided by Local Government. Q. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. R. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. S. If Local Government is an Economically Disadvantaged County (EDC) or the State or MPO selected project meets the State's or MPO's criteria to receive Transportation Development Credits in lieu of providing a cash local match, and the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 4. Termination of the Agreement A. This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; 2. By any party with 90 days written notice; or 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. B. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. C. The Agreement may be terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; D. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. E. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: 1. Local Government fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 — 11.418. Page 5 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements 2. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. 3. Local Government withdraws from participation in Project. 4. State determines that federal funding may be lost due to Project not being implemented and completed. 5. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. 6. A construction contract has not been awarded or construction has not been initiated within three years after the date that the Commission or MPO selected the project or by a letting date determined by the state and agreed to by the Local Government. 7. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. F. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice from Local Government within 270 days of FPAA. 5. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete Project, or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utilities or utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utilities or utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. At the State's discretion, State may reimburse Local Government for minor, incidental utility adjustments that are identified during the preliminary engineering phase if they are eligible for federal reimbursement. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TASA participation if the following conditions are met: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3) TASA funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 8. Environmental Assessment and Mitigation Page 6 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal- aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of Project. B. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. C. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment, including any public hearing requirements that may be necessary when adding a bike lane. D. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services A. Architectural and engineering services for preliminary engineering will be provided by the Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services or if these services will be used as in-kind contributions; and with Texas Government Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. Variety B. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All design criteria for bicycle and pedestrian bridges must comply with TxDOT's Bridge Design Manual and AASHTO's Load and Resistance Factor Design (LRFD) Guide Specifications for the Design of Pedestrian Bridges (latest edition) as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. Page 7 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements C. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval on an agreed upon schedule. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. D. When architectural and engineering services are provided by or through State, then the State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work, including any proposed changes to the scope of work, as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. To ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. B. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. C. All contract change order review and approval procedures must be approved by State prior to start of construction. D. If the Local Government is the responsible party, the State must review and approve change orders. E. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. F. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.13. G. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 12. Project Maintenance A. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period commensurate with the Page 8 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. C. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 13. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. B. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR §24.2(g). Documentation to support such Page 9 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements compliance must be maintained and made available to State and its representatives for review and inspection. D. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1) State, if the real property is to be made part of the State Highway System, or (2) Local Government, if the real property is not to be made part of the State Highway System. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. E. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. F. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. Local Government will not be reimbursed for right-of-way costs on state-selected projects. G. For State-selected TASA projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TASA Project. H. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. Local Government will not be reimbursed for right-of-way costs on state-selected projects. I. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. J. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project Page 10 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment. For State-selected projects, this is outlined in 43 Tex. Admin. Code §11.417. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. K. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. M. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 14. Insurance A. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. B. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 15. Notices, Invoices, Payments, and Project Inquiries All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 801 Leopard St. 125 E. 11 th Street Corpus Christi Texas, 78401 Austin, TX 78701 Page 11 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Invoicing, payment, and project inquiries must be sent to the following address, which the State may change by sending written notice of the change to the Local Government: Texas Department of Transportation ATTN: Director of TP&D 1701 S. Padre Island Dr. Corpus Christi, Texas 78416 All invoicing, payment, and project inquiries must include the following information: County: Nueces Local Government: City of Corpus Christi CSJ No.: 0916-35-255 Project Name: Mary Carroll Ditch Hike and Bike Trail Improvements Highway or Roadway: Mary Carroll Ditch 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by State shall remain the property of State. All data prepared under this Agreement shall be made available to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State. The originals shall remain the property of Local Government. 19. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or Page 12 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 20. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, Local Government shall furnish State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. Page 13 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: Page 14 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. B. Local Government shall adopt, in its totality, State's federally approved DBE program. C. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or Page 15 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). F. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate." 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification Page 16 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC §1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf. B. Local Government agrees that it shall: 1. Obtain and provide to State a System for Award Management (SAM) number (Federal Acquisition Regulation (FAR) Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://sam.gov/SAM/pages/public/index.jsf 2. Obtain and provide to State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to State if: a. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and b. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. Page 17 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits(u-)_txdot.gov . C. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Typed or Printed Name Typed or Printed Name Typed or Printed Title Typed or Printed Title Date Date Page 18 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-255 1 AFA ID Z00005409 CFDA No. 20.205 AFA CSJs 0916-35-255 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research &Development Improvements I F ATTACHMENT A PROJECT LOCATION MAP CS-1:0916-35-255 Along Mary Carroll Ditch {c' f �% , 95 Page 1 of 1 AFA TASA Attachment A TxDOT: Federal Highway Administration: CC51# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA C51s 0916-35-255 CFDA Title Highway Planning and Construction District# 1 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements ATTACHMENT B PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant/LG Lets Protect for Construction Work Performed by Local Government("LG") Description of Total Project Federal Participation State Participation Local Government Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes authorized EDC Participation apportionment on projects where amounts Includes authorized N/A reduction applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction Cost $973,421.00 Construction $194,684.00 En in ering Cost Eligible In-Kind $ Contribution Value Total Construction Value sum of construction cost and in-kind value $1,168 105.00 80% $934 484.00 0% $0 200 $233 621.00 Work by LG Subtotal $1,168,105.00 $934,484.00 $0 $233,621.00 Work Performed by the State(Local Participation paid up front by LG to D• Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Wa 3 $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction Cost $ Eligible In-Kind $ $0 Contribution Value $0 0% $0 0% $0 0% Total Construction Value sum of construction cost and in-kind value Work by State Subtotal $0 $0 $0 $0 AFA TASA Page 1 of 2 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-35-255 1 AFA ID I Z00005409 CFDA No. 20.205 AFA C51s 0916-35-255 CFDA Title Highway Planning and Construction District# 1 16 Code Chart 64# 09800 Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development Improvements IncurredDirect and Indirect State Costs •- Oversight Description of Total Project Federal Participation State Participation Local Government(LG) Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes authorized EDC Participation apportionment on projects where amounts Includes authorized N/A reduction applicable % Cost % Cost % Cost Preliminary Engineering' $29,203.00 80% $23,362.00 0% $0 20% $5,841.00 Environmental Cost' $29,203.00 80% $23,362.00 0% $0 20% $5,841.00 Right of Way' $11,681.00 80% $9,345.00 0% $0 20% $2,336.00 Utilities' $11,681.00 80% $9,345.00 0% $0 20% $2,336.00 Construction $35,043.00 80% $28,035.00 0% $0 20% $7,008.00 Direct State Costs Subtotal $116,811.00 80% $93,449.00 0% $0 20% $23,362.00 Indirect State Cost $55,251.00 $0 100% $55,251.00 $0 TOTAL PARTICIPATION $1,340,167.00 $1,027,933.00 $55,251.00 $256,983.00 In-kind Contribution Credit Applied 0% $0 TOTAL REMAINING PARTICIPATION AFTER $0 IN-KIND CONTRIBUTION ■ The estimated total participation by Local Government is$256,983.00. ■ The Local Government is responsible for 100%of overruns. ■ Total estimated payment by Local Government to State is$23,362.00. ■ 'Local Government's first payment of$16,354.00 is due to State within 30 days from execution of this contract. ■ 2 Local Government's second payment of$7,008.00 is due to State within 60 days prior to the Construction contract being advertised for bids. ■ 31f ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition. ■ The local match must be 20%or greater and may include State contributions,eligible in-kind contributions, EDC adjustments, or TDCs if authorized as part of project selection. ■ Transportation Development Credits(TDC)are being utilized in place of the Local Government's participation in the amount of 0.00. ■ This is an estimate;the final amount of Local Government participation will be based on actual costs. ■ Maximum federal TASA funds available for Project are$1,027,933.00. AFA TASA Page 2 of 2 Attachment B 1/23/2024 Project Name: Mary Carroll Ditch Hike and Bike Trail Improvements Project Number: 23144 Owner: City of Corpus Christi Bidder: Final Submittal-Engineer's Opinion of Probable Construction Cost-Base Bid OAR: Joseph Johnson,Assistant Director of Engineering Services: Construction Management Designer: Freese and Nichols, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION (MAX 5%PART A) LS 1 $ 9,800.00 $ 9,800.00 A2 BONDS AND INSURANCE (MAX 2%) LS 1 $ 7,500.00 $ 7,500.00 A3 BLOCK SODDING SY 400 $ 8.00 $ 3,200.00 A4 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 4 $ 8,000.00 $ 32,000.00 A5 TEMP SEDMT CONT FENCE (INSTALL) LF 3125 $ 10.00 $ 31,250.00 A6 TEMP SEDMT CONT FENCE (REMOVE) LF 3125 $ 2.00 $ 6,250.00 A7 TEMP SDMT CONT FENCE(INLET PROTECTION) LF 100 $ 15.00 $ 1,500.00 A8 PREPARING ROW AC 3 $ 25,000.00 $ 75,000.00 A9 EMBANKMENT(FINAL)(ORD COMP)(TY A) Cy 500 $ 60.00 $ 30,000.00 A10 FURNISHING AND PLACING TOPSOIL(4") SY 1407 $ 5.00 $ 7,035.00 All BROADCAST SEED(PERM)(RURAL)(CLAY) SY 1407 $ 1.00 $ 1,407.00 SUBTOTAL PART A-GENERAL(Items Al thru All) $ 204,942.00 Part B-TRAIL IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 MOBILIZATION (MAX 5%PART B) LS 1 $ 32,500.00 $ 32,500.00 B2 REMOVING CONC(SIDEWALKS) SY 15 $ 35.00 $ 525.00 B3 REMOVING CONC(CURB AND GUTTER) LF 100 $ 30.00 $ 3,000.00 B4 REMOVING CONC(CURB RAMPS) SY 32 $ 40.00 $ 1,280.00 B5 REMOVE AND RELOCATE STOP SIGN AND STREET SIGNS EA 1 $ 600.00 $ 600.00 B6 CONC SIDEWALKS(4") SY 50 $ 110.00 $ 5,500.00 B7 CONC PAV(JOINT REINF)(6")-TRAIL PAVEMENT SY 3522 $ 135.00 $ 475,470.00 B8 LIME(HYDRATED LIME(SLURRY)) TON 125 $ 400.00 $ 50,000.00 B9 LIME TRT(EXST MATL) (8") SY 4930 $ 10.00 $ 49,300.00 B10 FLEXIBLE PAVEMENT STRUCTURE REPAIR(6") SY 30 $ 200.00 $ 6,000.00 Bll ERADICATE EXISTING STRIPING LF 60 $ 3.00 $ 180.00 B12 REFL PAV MRK TY I (Y)4"(DBL)(090MIL) LF 50 $ 1.00 $ 50.00 B13 PREFAB PAV MRK TY C(W) (24") (SLD) LF 70 $ 25.00 $ 1,750.00 B14 CONC CURB(TY 1) LF 50 $ 30.00 $ 1,500.00 B15 CONC CURB&GUTTER(TY II) LF 90 $ 100.00 $ 9,000.00 B16 CURB RAMPS(TY 6) EA 2 $ 3,500.00 $ 7,000.00 B17 CURB RAMPS(TY 14) EA 1 $ 3,500.00 $ 3,500.00 B18 IN SM RD SN SUP&AM TYIOBWG(1)SA(P)-SIGNS EA 4 $ 1,000.00 $ 4,000.00 B19 ALUMINUM GUARDRAIL LF 42 $ 175.00 $ 7,350.00 B20 Allowance for Unanticipated Trail Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART B-TRAIL IMPROVEMENTS(Items Bl thru B20) $ 683,505.00 Final OPCC Mary Carroll Ditch Hike and Bike Trail Improvements—Project No.23144 September 2024 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Part C-STORM WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 MOBILIZATION (MAX 5%PART C) LS 1 $ 2,000.00 $ 2,000.00 C2 REMOVE 24"CORRUGATED METAL PIPE LF 85 $ 50.00 $ 4,250.00 C3 24" DIA. RCP(CLASS III) LF 85 $ 240.00 $ 20,400.00 C4 MITER CUT STORM OUTFALL PIPE EA 2 $ 1,200.00 $ 2,400.00 C5 CONNECT PIPE TO EXISTING INLET EA 2 $ 2,000.00 $ 4,000.00 C6 6" REINFORCED CONCRETE RIPRAP I SF 1 150 $ 25.00 $ 3,750.00 C7 lAllowance for Unanticipated Storm Water Improvements LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART C-STORM WATER IMPROVEMENTS(Items C1 thru C7) $ 41,800.00 Part D-LIGHTING IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 MOBILIZATION (MAX 5%PART D) LS 1 $ 8,100.00 $ 8,100.00 D2 CONDT(PVC)(SCHD 40) (2")WITH MULE TAPE LF 3,050 $ 25.00 $ 76,250.00 D3 CONDT(PVC)(SCHD 40) (3")WITH MULE TAPE LF 50 $ 35.00 $ 1,750.00 D4 GROUND BOX TY A(122311)W/APRON EA 32 $ 2,000.00 $ 64,000.00 D5 JELCSRV TY D 120/240 060(NS)AL(E)PS(U) EA 1 $ 10,000.00 $ 10,000.00 D6 lAllowance for Unanticipated Lighting Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART D-LIGHTING IMPROVEMENTS(D1 THRU D6) $ 170,100.00 OPCC SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru All) $ 204,942.00 SUBTOTAL PART B-TRAIL IMPROVEMENTS(Items B1 thru B20) $ 683,505.00 SUBTOTAL PART C-STORM WATER IMPROVEMENTS(Items C1 thru C7) $ 41,800.00 SUBTOTAL PART D-LIGHTING IMPROVEMENTS(Items D1 thru D6) $ 170,100.00 TOTAL PROJECT BASE BID(PARTS A THRU D) $ 1,100,347.00 Final OPCC Mary Carroll Ditch Hike and Bike Trail Improvements—Project No.23144 September 2024 V SION ZERO Ao600zi?• imon 0 CORPUS CHRISTI Resolution Approving Advance Funding Agreement w/TXDOT District 3 : Mary Carroll Ditch Hike and Bike Trail Improvements City Council Presentation � � August 19, 2025 Surface Transportation Block Grant- Set Aside STBG-SA o Category 9 Program (Federal cost reimbursement program). o Not a grant. o No funding is provided upfront to applicant. o Category 9 funds used to reimburse 80% of the costs paid by the applicant, up to the awarded amount. o Any cost overruns are the responsibility of the applicant. o Corpus Christi Metropolitan Organization (CCMPO) was allocated $4.5 million in federal funding for STBG-SA eligible projects. o Funding applicable for federal fiscal years 2022 - 2025. Surface Transportation Block Grant- Set Aside (STBG-SA) '' • Eligible Projects (Small-Scale Transportation Related): o Pedestrian and bicycle facilities o Recreational trails o Safe routes to school projects o Community improvements o Environmental mitigation • Applicant responsible for pre-construction activities (w/local funds) o Design & Environmental clearance o Right-of-way and utility relocation/coordination o Resolution to execute AFA w/ TXDOT & payment of direct state costs • Federal Project Authorization and Agreement (FPAA) is required prior to TxDOT issuing each State Letter of Authority (SLOA). o Completion of the FPAA form allows the authorization of federal funds for reimbursement of the approved costs. Background • March 2022- City Council approved submission of (5) applications for CCMPOs 2021 Call for STBG-SA projects. o District 1: Leopard Street and Oak Park Avenue Pedestrian Safety Improvements o District 2: Ocean Drive Pedestrian Crossing Improvements o District 3: Mary Carroll Ditch Hike and Bike Trail Improvements o District 4: Encantada Avenue Pedestrian Safety Improvements o District 5: Brooke Road - Master Channel 27 Hike and Bike Project • CCMPO awarded all (5) Projects. • 100% Design Completed for all projects except Brooke Road. o Proposed improvements are incorporated in Bond 2024 project. Location Map -SAFETY ��] MARY(ARROLLDITCH HIKE AND BiRf � �:_ TAAILIMPfiOVFMENTi 110"CT NMITS p NC4Y MARY CARROLL NI�MTCH Ott ; Existing Proposed Imp 0 rovements Extension of Existing Hike Bike Trail Recommendation4 • Approve resolution executing AFA w/(TXDOT) o Execution of the AFA will obligate federal funding for the project. • Approval commits the City to the following: o Payment of direct state costs to TXDOT ($23,362.00) with FY 2025 funding from ARPA interest. o Responsibility for authorized Total Project Cost Estimate ($23,362.00) and 100% overruns above Federal Participation amount ($1,027,933.00). o Project bidding, award, and inspection (future Council action) Local Federal Project AFA Government State Participation Total Project Contract# Participation Participation (80%) Cost Estimate 20% 23144 0916-35-2551 $256,983.00 $55,251.00 $1,027,933.00 1 $1,340,167.00 Note:Final OPCC (September 2024):$1,100,347.00 .�vs c� �o o� v "owPowA,E° AGENDA MEMORANDUM S�2 Action Item for the City Council Meeting of August 19, 2025 DATE: August 12, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services 9effreye(cD-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Interim Assistant City Manager & Director of Public Works ernestod2a.cctexas.com (361) 826-1677 Sergio Villasana, CPA, CGFO, CIA, Director of Finance & Procurement sergiov2acctexas.com (361) 826-3227 Advance Funding Agreement Ocean Drive Pedestrian Crossing Improvements CAPTION: Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Ocean Drive Pedestrian Crossing Improvement Project for infrastructure improvements to include a Pedestrian Hybrid beacon on Oleander Point at Cole Park with the City's payment of $8,354.00 to TXDOT for direct state costs, located in Council District 2, with FY 2025 funding from ARPA interest. SUMMARY: This resolution authorizes the City Manager or designee to execute an AFA with TXDOT for pedestrian and bicycle safety infrastructure improvements at Ocean Drive, with improvements including a Pedestrian Hybrid beacon, curb ramps, signs and pavement markings on Oleander Point at Cole Park. The total estimated cost of the project is $479,220.00 with the City's participation at 20%, estimated to be $91,893.00, with funding from ARPA interest. The City responsible for 100% of overruns, . BACKGROUND AND FINDINGS: In 2015, the Fixing America's Surface Transportation (FAST) Act was signed into law establishing the Surface Transportation Grant set-aside (STBG-SA) funding program (Category 9). The STGB- SA Category 9 program is a federal cost reimbursement program, not a grant. No funding is provided upfront. Category 9 funds are used to reimburse 80% of the costs paid by the applicant, up to the awarded amount. Any cost overruns are the responsibility of the applicant. For projects selected, the applicant is responsible for completing all pre-construction activities (design, environmental clearance, right-of-way and utility relocation/coordination) with local funds and project letting. Prior to project letting a fully executed Advanced Funding Agreement (AFA) with TXDOT and payment of any direct state costs is required. Additionally, a Federal Project Authorization and Agreement (FPAA) is required prior to TxDOT issuing each State Letter of Authority (SLOA). Completion of the FPAA form allows the authorization of federal funds for reimbursement of the approved costs. In 2021, the Corpus Christi Metropolitan Organization (CCMPO) conducted a call to evaluate and select eligible projects using a performance-based competitive selection process. The CCMPO was allocated $4.5 million in federal funding, for STBG-SA eligible projects, for federal fiscal years 2022 through 2025. Eligible applicants could apply for smaller-scale transportation projects such pedestrian and bicycle facilities, recreational trails, safe routes to school projects, community improvements, and environmental mitigation related to stormwater and habitat maintenance. The City of Corpus Christi (Public Works Department) received approval from City Council in March 2022 to submit five (5) grant applications, one per Council district, to the CCMPO as follows: 1. District 1 : Oak Park ES Route to School- Leopard Street and Oak Park Avenue Pedestrian Improvements 2. District 2: Ocean Drive Pedestrian Crossing Improvements- (Oleander Point at Cole Park) 3. District 3: Mary Carroll HS Safe Route to School — Mary Carroll Ditch Hike and Bike Trail Improvements 4. District 4: Seashore Learning Center Safe Route to School —Encantada Avenue Pedestrian Safety Improvements 5. District 5: Brooke Road/Master Channel Pedestrian Improvements The CCM PO selected all five (5) applications. 100% designs have been completed by Freese and Nichols, Inc (FNI) for four projects. Resolutions authorizing the execution of AFAs are only being requested for the completed projects. An AFA for Brooke Road is not requested as pedestrian improvements and utility relocation will be addressed as part of the approved Bond 2024 Street Project.After execution of the AFA, City staff will return to City Council to receive approval to award the four projects to the lowest responsive bid, submitted by a qualified bidder, per the City's bidding process. The Ocean Drive Pedestrian Crossing Improvements (City Project 23143) involves constructing pedestrian and bicycle crossings at Ocean Drive near Cole Park which includes a pedestrian hybrid beacon, curb ramps, signage, and crosswalk pavement markings. The Opinion of Probable Construction Cost (OPCC), provided by FNI, for this project is $425,830.00. A summary of the estimated project costs, as shown in the "Draft" AFA, are provided below: Local Federal AFA Government State Participation Total Project Cost Project Contract# Participation Participation (80%) Estimate 20% 23143 0916-35-257 $91,893.00 $19,757.00 $367,570.00 $479,220.00 ALTERNATIVES: Not authorizing the execution of the Advanced Funding Agreement would make the City ineligible for Category 9 funding, used to reimburse project sponsors for 80%of the awarded amount,which was allocated for fiscal years 2022 through 2025. Project could still be constructed with local funding. FISCAL IMPACT: The fiscal impact for FY 2025 is the local cash match in the amount of$91,893.00 for direct state costs to execute the Advance Funding Agreement, with funding available from ARPA interest. Funding Detail: Fund: 1076 ARPA Grant Fund Org/Activity: 89 Grants & CIP Dept 33 Streets Dept Account: 352076 Amount: $8,354.00 RECOMMENDATION: Staff recommend the execution of the AFA with TxDOT for the STBG-SA project. LIST OF SUPPORTING DOCUMENTS: Resolution Advanced Funding Agreement- 0916-35-257 Presentation Certificate of Funds Presentation Resolution authorizing an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the Ocean Drive Pedestrian Crossing Improvement Project for infrastructure improvements to include a pedestrian hybrid beacon on Oleander Point at Cole Park with the City's payment of $8,354.00 to TXDOT for direct state costs, located in Council District 2, with FY 2025 funding from ARPA interest. WHEREAS, the estimated project cost for State Transportation Alternatives Set-Aside (TASA) Program for the Ocean Drive Pedestrian Crossing Improvement Project is $479,220.00. Federal participation is $367,570.00, state participation is $19,757.00 and City participation is estimated to be $91,893.00. The City is responsible for 100% of cost overruns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee (Director of Engineering Service) is authorized to execute an Advance Funding Agreement (AFA) for the Ocean Drive Pedestrian Crossing Improvement Project with the City's payment to TXDOT in the amount of $8,354.00 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. PASSED and APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROGRAM PROJECT MPO-Selected Off-System This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project ("Agreement") is made between the State of Texas (State), acting through the Texas Department of Transportation, and the City of Corpus Christi (Local Government), acting through its duly authorized officials. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for urbanized areas of Texas, and WHEREAS, Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA) are established in 23 USC §133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 — 11.418, and WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning Organization (MPO) a project nomination package for TASA funding consideration, which is briefly described as Ocean Dr. Ped Xing Improv. Cole Park (Project), and Page 1 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number 116752 (MO) dated August 22, 2024 awarding funding for TASA projects in the TASA Program Call of the State, including Project, and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated {enter date of resolution}, which is attached to and made a part of this Agreement as Attachment C, Resolution or Ordinance. A map showing the Project location appears in Attachment A, Project Location Map, which is attached to and made a part of this Agreement, and NOW, THEREFORE, the State and the Local Government agree as follows: AGREEMENT 1. Period of Agreement and Performance A. Period of Agreement. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided below. B. Period of Performance. 1. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization and Agreement (FPAA) for that phase of work. Local Government may not begin work until issued the State Letter of Authority (SLOA) for that phase of work. 2. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Scope of Work and Use of Project A. The scope of work for the Project consists of constructing infrastructure to improve the ability to walk and bike across Ocean Drive to a major City Park (Cole Park). Improvements include a Pedestrian Hybrid beacon, curb ramps, signs, and pavement markings (crosswalks)on Oleandar Point at Cole Park to Oleandar Point at Cole Park. The purpose of this TASA project is to provide an off-street multi-use bike path to provide safer transportation for children and adults apart from vehicular traffic. B. Any project changes proposed must be submitted in writing by Local Government to State. Substantive changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 3. Project Sources and Uses of Funds The total estimated development cost of the Project is shown in Attachment B, Project Budget Estimate and Source of Funds (Attachment B). Page 2 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development A. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of the Project. State in its discretion may deny reimbursement if Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The total estimated project cost as shown in Attachment B incudes the Local Government's estimated itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. Local Government must submit to State evidence of payment for eligible in-kind costs at least once per calendar quarter using the State's In-Kind Match Reporting form. C. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. D. The Project budget and source of funds estimate based on the budget provided in the application is included in Attachment B. Attachment B shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal TASA funds assigned by the Commission or MPO in consultation with State. This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the TASA, FPAA, or other federal documents. E. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. F. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to Page 3 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. If the Project was State- selected, the State may apply a portion of any excess program funds to cover all or a portion of any overrun based on criteria provided by 43 Tex. Admin. Code §11.411(d). G. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment B for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment B for State's estimated construction oversight and construction cost. J. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment B and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. K. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation". The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. L. Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. M. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. N. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests Page 4 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. P. State will not pay interest on any funds provided by Local Government. Q. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. R. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. S. If Local Government is an Economically Disadvantaged County (EDC) or the State or M PO selected project meets the State's or M PO's criteria to receive Transportation Development Credits in lieu of providing a cash local match, and the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 4. Termination of the Agreement A. This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; 2. By any party with 90 days written notice; or 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. B. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. C. The Agreement may be terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Page 5 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development Government remaining funds to the Local Government within ninety (90) days of termination; D. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. E. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: 1. Local Government fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 — 11.418. 2. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. 3. Local Government withdraws from participation in Project. 4. State determines that federal funding may be lost due to Project not being implemented and completed. 5. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. 6. A construction contract has not been awarded or construction has not been initiated within three years after the date that the Commission or MPO selected the project or by a letting date determined by the state and agreed to by the Local Government. 7. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. F. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice from Local Government within 270 days of FPAA. 5. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete Project, or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utilities or utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utilities or utility facilities are adjusted, removed, or relocated before the scheduled Page 6 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development beginning of construction. At the State's discretion, State may reimburse Local Government for minor, incidental utility adjustments that are identified during the preliminary engineering phase if they are eligible for federal reimbursement. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TASA participation if the following conditions are met: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3) TASA funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 8. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal- aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of Project. B. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. C. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment, including any public hearing requirements that may be necessary when adding a bike lane. D. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services A. Architectural and engineering services for preliminary engineering will be provided by the Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services or if these services will be used as in-kind contributions; and with Texas Government Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. Variety B. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Page 7 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All design criteria for bicycle and pedestrian bridges must comply with TxDOT's Bridge Design Manual and AASHTO's Load and Resistance Factor Design (LRFD) Guide Specifications for the Design of Pedestrian Bridges (latest edition) as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. C. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval on an agreed upon schedule. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. D. When architectural and engineering services are provided by or through State, then the State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work, including any proposed changes to the scope of work, as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. To ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. B. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. C. All contract change order review and approval procedures must be approved by State prior to start of construction. D. If the Local Government is the responsible party, the State must review and approve change orders. E. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. Page 8 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development F. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.B. G. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 12. Project Maintenance A. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. C. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. Page 9 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 13. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. B. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR §24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. D. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1) State, if the real property is to be made part of the State Highway System, or (2) Local Government, if the real property is not to be made part of the State Highway System. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. E. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. F. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its Page 10 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development reimbursement for parcel acquisitions on these in determining the fair market values. Local Government will not be reimbursed for right-of-way costs on state-selected projects. G. For State-selected TASA projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TASA Project. H. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. Local Government will not be reimbursed for right-of-way costs on state-selected projects. I. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. J. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment. For State-selected projects, this is outlined in 43 Tex. Admin. Code §11.417. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. K. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. M. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 14. Insurance Page 11 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development A. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. B. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 15. Notices, Invoices, Payments, and Project Inquiries All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 801 Leopard St. 125 E. 11 t" Street Corpus Christi Texas, 78401 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Invoicing, payment, and project inquiries must be sent to the following address, which the State may change by sending written notice of the change to the Local Government: Texas Department of Transportation ATTN: Director of TP&D 1701 S. Padre Island Dr. Corpus Christi, Texas 78416 All invoicing, payment, and project inquiries must include the following information: County: N ueces Local Government: City of Corpus Christi CSJ No.: 0916-35-257 Project Name: Ocean Dr. Ped Xing Improv. Cole Park Highway or Roadway: Oleandar Point 16. Legal Construction Page 12 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by State shall remain the property of State. All data prepared under this Agreement shall be made available to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State. The originals shall remain the property of Local Government. 19. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 20. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, Local Government shall furnish State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. Page 13 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. Page 14 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). Page 15 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. B. Local Government shall adopt, in its totality, State's federally approved DBE program. C. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.Of. E. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration Page 16 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). F. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate." 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering Page 17 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC §1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.qpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.qpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf. B. Local Government agrees that it shall: 1. Obtain and provide to State a System for Award Management (SAM) number (Federal Acquisition Regulation (FAR) Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://sam.gov/SAM/pages/public/index.jsf 2. Obtain and provide to State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to State if: a. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and b. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. Page 18 of 19 AFA TASA Rev. 1/23/2024 TxDCT: Federal Highway Administration: CCSJ# 0916-35-257 1 AFA ID Z00005406 CFDA No. 20.205 AFA CSJs 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits(d)_txdot.gov . C. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Typed or Printed Name Typed or Printed Name Typed or Printed Title Typed or Printed Title Date Date Page 19 of 19 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CSJ # 0916-35-257 CFDA No. 20.205 District# CRP 16 AFA ID I Z00005406 CFDA Title Highway Planning and Construction Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development ATTACHMENT A PROJECT LOCATION MAP ��oca��or a{eve PCo�ec Page 1 of 1 AFA TASA Attachment A TxDOT: Federal Highway Administration: CC51# 0916-35-257 1 AFA ID I Z00005406 CFDA No. 20.205 AFA C51s 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development ATTACHMENT B PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant/LG Lets Project for Construction Work Performed by Local Government("LG") Description of Total Project Federal Participation State Participation Local Government Project Costs to be Incurred Cost Estimate Includes authorized Includes authorized Participation EDC reduction EDC reduction Includes authorized EDC reduction % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction Cost $348,078 Construction $69,616 En ineerin Cost Eligible In-Kind $ Contribution Value Total Construction Value sum of construction cost and in-kind value $417,694 80% $334,155 0% $0 20% $83,539 Work by LG Subtotal 1 $417,6941 $334,155 $0 1 $83,539 Work Performed by the State(Local Participation paid up front by LG to D• Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction Cosiz 1 $ $0 0% $0 0% $0 0% $0 AFA TASA Page 1 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-35-257 1 AFA ID I Z00005406 CFDA No. 20.205 AFA C51s 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development Eligible In-Kind $ Contribution Value Total Construction Value sum of construction cost and in-kind value Work by State Subtotal $0 $0 $0 $0 OversightDirect and Indirect State Costs Incurred for Review,Inspection,Administration& Description of Total Project Federal Participation State Participation Local Government(LG) Project Costs to be Incurred Cost Estimate Includes authorized Includes authorized Participation EDC amount EDC amount Includes authorized EDC reduction % Cost % Cost % Cost Preliminary Engineering' $10,442 80% $8,353 0% $0 20% $2,089 Environmental Cost' $10,442 80% $8,353 0% $0 20% $2,089 Right of Way' $4,177 80% $3,342 0% $0 20% $835 Utilities' $4,177 80% $3,342 0% $0 20% $835 Construction $12,531 80% $10,025 0% $0 20% $2,506 Direct State Costs Subtotal $41,769 80% $33,415 0% $0 20% $8,354 Indirect State Cost $19,757 $0 100 0 19,757 $0 TOTAL PARTICIPATION $479,220 $367,570 $19,757 $91,893 In-kind Contribution Credit Applied 0% $0 TOTAL REMAINING PARTICIPATION AFTER $0 IN-KIND CONTRIBUTION &� i I I ■ The estimated total participation by Local Government is$91,893. ■ The Local Government is responsible for 100%of overruns. ■ Total estimated payment by Local Government to State is$8.354. AFA TASA Page 2 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-35-257 1 AFA ID I Z00005406 CFDA No. 20.205 AFA C51s 0916-35-257 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 OCEAN DRIVE PEDESTRIAN CROSSING Project Name IMPROVEMENTS AFA Not Used For Research&Development ■ 'Local Government's first payment of$5.848 is due to State within 30 days from execution of this contract. ■ 2 Local Government's second payment of$2,506 is due to State within 60 days prior to the Construction contract being advertised for bids. ■ 31f ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition. ■ The local match must be 20%or greater and may include State contributions,eligible in-kind contributions, EDC adjustments, or TDCs if authorized as part of project selection. ■ Transportation Development Credits(TDC)are being utilized in place of the Local Government's participation in the amount of 0.00. ■ This is an estimate;the final amount of Local Government participation will be based on actual costs. ■ Maximum federal TASA funds available for Project are$367,570 . AFA TASA Page 3 of 3 Attachment B 1/23/2024 Project Name: Ocean Drive Pedestrian Crossing Improvements Project Number: 23143 Owner: City of Corpus Christi Bidder: Final Submittal-Engineer's Opinion of Probable Construction Cost-Base Bid OAR: Joseph Johnson,Assistant Director of Engineering Services: Construction Management Designer: Freese and Nichols, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION (MAX 5%PART A) LS 1 $ 1,500.00 $ 1,500.00 A2 BONDS AND INSURANCE (MAX 2%) LS 1 $ 5,000.00 $ 5,000.00 A3 BLOCK SODDING SY 105 $ 6.00 $ 630.00 A4 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 3 $ 8,000.00 $ 24,000.00 A5 ITEMP SEDMT CONT FENCE (INSTALL) LF 140 $ 10.00 $ 1,400.00 A6 ITEMP SEDMT CONT FENCE (REMOVE) LF 140 $ 2.00 $ 280.00 SUBTOTAL PART A-GENERAL(Items Al thru A6) $ 32,810.00 Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 MOBILIZATION (MAX 5%PART B) LS 1 $ 1,500.00 $ 1,500.00 B2 REMOVING CONC(CURB AND GUTTER) LF 92 $ 30.00 $ 2,760.00 B3 FLEXIBLE PAVEMENT STRUCTURE REPAIR(8") SY 21 $ 175.00 $ 3,675.00 B4 CONC CURB&GUTTER(TY II) LF 92 $ 45.00 $ 4,140.00 B5 IN SM RD SN SUP&AM TY10BWG(1)SA(P) EA 8 $ 1,000.00 $ 8,000.00 B6 PREFAB PAV MRK TY C(W) (24") (SLID) LF 171 $ 20.00 $ 3,420.00 B7 Allowance for Unanticipated Street-Related Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru 137) $ 33,495.00 Part C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 MOBILIZATION (MAX 5%PART C) LS 1 $ 1,400.00 $ 1,400.00 C2 REMOVING CONC(SIDEWALKS) SY 78 $ 35.00 $ 2,730.00 C3 CONC SIDEWALKS(4") SY 6S $ 105.00 $ 6,825.00 C4 CONC SIDEWALKS(6") SY 17 $ 150.00 $ 2,550.00 C5 CURB RAMPS(TY 1) SY 8 $ 170.00 $ 1,360.00 C6 CURB RAMPS(TY 10) SY 6 $ 170.00 $ 1,020.00 C7 CURB RAMPS(TY 21) SY 13 $ 170.00 $ 2,210.00 C8 REMOVE STR(BOLLARD) EA 1 $ 400.00 $ 400.00 C9 FIXED BOLLARD(6") EA 1 $ 1,500.00 $ 1,500.00 C10 lAllowance for Unanticipated ADA Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C10) $ 29,995.00 Part D-SIGNALIZATION IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 MOBILIZATION (MAX 5% PART D) LS 1 $ 15,000.00 $ 15,000.00 D2 DRILL SHAFT(TRF SIG POLE)(36 IN) LF 30 $ 400.00 $ 12,000.00 D3 CONDT(PVC)(SC HD 40) (2") LF 20 $ 25.00 $ 500.00 Final OPCC Ocean Drive Pedestrian Crossing Improvements—Project No.23143 September 2024 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT D4 CONDT(PVC)(SCHD 40) (2") (BORE) LF 3,680 $ 35.00 $ 128,800.00 D5 CONDT(PVC)(SCHD 40) (3") LF 35 $ 35.00 $ 1,225.00 D6 CONDT(PVC)(SCHD 40) (4") LF 10 $ 45.00 $ 450.00 D7 CONDT(PVC)(SCHD 40) (4") (BORE) LF 95 $ 60.00 $ 5,700.00 D8 ELEC CONDR(NO. 10) INSULATED GREEN (I.T.GROUND) LF 3,270 $ 1.50 $ 4,905.00 D9 ELEC CONDR(NO.8) INSULATED LF 150 $ 2.00 $ 300.00 D10 ELEC CONDR(NO. 6) BARE LF 10 $ 3.00 $ 30.00 D11 ELEC CONDR(NO. 6) INSULATED LF 20 $ 3.00 $ 60.00 D12 LUMINAIRE CABLE(2 CNDR) (12 AWG)W/GROUND LF 215 $ 3.00 $ 645.00 D13 GROUND BOX TY D(162922)W/APRON EA 2 $ 2,000.00 $ 4,000.00 D14 ELC SRV TY D 120/240 060(NS)SS(E)PS(U) EA 1 $ 10,000.00 $ 10,000.00 D15 INSTALL HIGHWAY TRAFFIC SIGNAL(ISOLATED) EA 1 $ 10,000.00 $ 10,000.00 D16 VEH SIG SEC(12") LED(GRN) EA 4 $ 300.00 $ 1,200.00 D17 VEH SIG SEC(12") LED(YEL) EA 4 $ 300.00 $ 1,200.00 D18 VEH SIG SEC(12") LED(RED) EA 4 $ 300.00 $ 1,200.00 D19 PED SIG SEC LED(COUNTDOWN) EA 2 $ 900.00 $ 1,800.00 LOUVERED VACUUM FORMED ABS BACK PLATE(12") (3 SEC) D20 3M YELLOW RETROREFLECTIVE 2"TAPE EA 4 $ 200.00 $ 800.00 D21 ITRIF SIG CBL(TY A) (12 AWG) (2 CONDR) LF 145 $ 2.00 $ 290.00 D22 TRF SIG CBL(TY A) (14 AWG) (4 CONDR) LF 220 $ 2.00 $ 440.00 D23 TRF SIG CBL(TY A) (14 AWG) (16 CONDR) LF 145 $ 7.00 $ 1,015.00 D24 INS TRF SIG PL AM (S) 1 ARM (36')(LUM) EA 2 $ 14,000.00 $ 28,000.00 D25 PED DETECT PUSH BUTTON (APS)w/R10-3E sign (Polara iDS2 APS with iDetect)(Touchless) EA 2 $ 1,200.00 $ 2,400.00 D26 PED DETECTOR CONTROLLER UNIT((ICCU-S2)and Interconnect Board (iN2-iCB)) EA 1 $ 4,300.00 $ 4,300.00 INSTALL BBU SYSTEM (ALPHA FXM HP1100 UPS WITH D27 CABINET) (INCLUDE REMOTE BATTERY MONITORING SYSTEM PLUS) EA 1 $ 8,000.00 $ 8,000.00 CCTV FIELD EQUIPMENT(DIGITAL) (PTZ CAMERA-(Axis P56S5- D28 E PTZ, 1080P,WDR,x32, IP66, Dome Network Camera) Including Mounting Equipment) EA 1 $ 7,500.00 $ 7,500.00 D29 FIBER OPTIC CABLE (INSTALLATION ONLY) LF 3270 $ 1.00 $ 3,270.00 D30 MAST ARM WIND DAMPER(FREY MANUFACTURING) EA 2 $ 1,000.00 $ 2,000.00 D31 ITS GND BOX(POLY)TY 1(243624)W/APRN EA 5 $ 2,500.00 $ 12,500.00 D32 Duralight LED Luminaire(DURA-STR-25-4K-120-2-GR-SCLB) EA 2 $ 500.00 $ 1,000.00 D33 CONTROLLER CABINET(TS-2)WITH EXTENSION EA 1 $ 15,000.00 $ 15,000.00 D34 CONTROLLER FOUNDATION EA 1 $ 4,000.00 $ 4,000.00 D35 CONTROLLER ECONOLITE COBALT ATC 1000 EA 1 $ 5,000.00 $ 5,000.00 D36 MMU2-16LEip With Ethernet Port EA 1 $ 1,000.00 $ 1,000.00 CISCO ETHERNET 4000 SWITCH 91E-4000-8GT8GP4G-E)AND D37 EA 1 POWER SUPPLY(PWR-IE170W-PC-AC=) $ 9,000.00 $ 9,000.00 D38 JAIlowance for Unanticipated Signalization Improvements LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART D-SIGNALIZATION IMPROVEMENTS(Di THRU D38) $ 329,530.00 Final OPCC Ocean Drive Pedestrian Crossing Improvements—Project No.23143 September 2024 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A6) $ 32,810.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B7) $ 33,495.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C10) $ 29,995.00 SUBTOTAL PART D-SIGNALIZATION IMPROVEMENTS(Items D1 thru D38) $ 329,530.00 TOTAL PROJECT BASE BID(PARTS A THRU D) $ 425,830.00 Final OPCC Ocean Drive Pedestrian Crossing Improvements—Project No.23143 September 2024 V SION ZERO Ao600zi?. 0 0 CORPUS CHRISTIC. Texas Department of Transportation Advance Funding Agreement District 2: Ocean Drive Pedestrian Crossing Improvements a City Council Presentation \ August 19, 2025 Surface Transportation Block Grant- Set Aside STBG-SA o Category 9 Program (Federal cost reimbursement program). o Not a grant. o No funding is provided upfront to applicant. o Category 9 funds used to reimburse 80% of the costs paid by the applicant, up to the awarded amount. o Any cost overruns are the responsibility of the applicant. o Corpus Christi Metropolitan Organization (CCMPO) was allocated $4.5 million in federal funding for STBG-SA eligible projects. o Funding applicable for federal fiscal years 2022 - 2025. Surface Transportation Block Grant- Set Aside (STBG-SA) '' • Eligible Projects (Small-Scale Transportation Related): o Pedestrian and bicycle facilities o Recreational trails o Safe routes to school projects o Community improvements o Environmental mitigation • Applicant responsible for pre-construction activities (w/local funds) o Design & Environmental clearance o Right-of-way and utility relocation/coordination o Resolution to execute AFA w/ TXDOT & payment of direct state costs • Federal Project Authorization and Agreement (FPAA) is required prior to TxDOT issuing each State Letter of Authority (SLOA). o Completion of the FPAA form allows the authorization of federal funds for reimbursement of the approved costs. Background • March 2022- City Council approved submission of (5) applications for CCMPOs 2021 Call for STBG-SA projects. o District 1: Leopard Street and Oak Park Avenue Pedestrian Safety Improvements o District 2: Ocean Drive Pedestrian Crossing Improvements o District 3: Mary Carroll Ditch Hike and Bike Trail Improvements o District 4: Encantada Avenue Pedestrian Safety Improvements o District 5: Brooke Road - Master Channel 27 Hike and Bike Project • CCMPO awarded all (5) Projects. • 100% Design Completed for all projects except Brooke Road. o Proposed improvements are incorporated in Bond 2024 project. Location Map MAP 1 - SAFETY N OCEP.N DRIVE PEDESTRIAN CROSSING __ _-- _ IMPROVEMENTS Y �y TROJECT LIMITS tit 777 < UTOHCR IN 5 Pus cH co R Existing pU8Ll05YOpK5 V N 852 millillill - mat a N�\'• .� * � �� opus cH `O R Project e Map RUBLIC WORK$ e52 Sidewalk Rea i nment Pedestrian Hybrid Reacon ..yip. �� - � ',,� .�,.• Y,., '' +� A — Ocean Drive — -- -- .Ram p Pedestrian Hybrid Beacon *L� Ilwlll�lllillllllllllillll�illii !�� p Proposed Improvements • Signalized Midblock Crossing • ADA Enhancements o Curb Ramps • High-Visibility Crosswalks Recommendation4 • Approve resolution executing AFA w/(TXDOT) o Execution of the AFA will obligate federal funding for the project. • Approval commits the City to the following: o Payment of direct state costs to TXDOT ($8,354.00) with FY 2025 funding from ARPA interest. o Responsibility for authorized Total Project Cost Estimate $479,220.00) and 100% overruns above Federal Participation amount ($367,570). o Project bidding, award, and inspection (future Council action). Local Federal Project AFA Government State Participation Total Project Cost Contract# Participation Participation (80%) Estimate 20% 23143 0916-35-257 $91,893.00 $19,757.00 $367,570.00 $479,220.00 Note:Final OPCC (September 2024):$425,830.00 se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 19, 2025 DATE: August 19, 2025 TO: Peter Zanoni, City Manager FROM: Mike Culbertson, President/CEO, CCREDC (361) 882-7448 mculbertson@ccredc.com Nominating Flint Hills Resources Corpus Christi, LLC as a Texas Enterprise Project CAPTION: Resolution nominating Flint Hills Resources Corpus Christi, LLC to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as a single enterprise project pursuant to the Texas Enterprise Zone Act. SUMMARY: This resolution will designate Flint Hills Resources (FHR) for a single enterprise designation for the Texas Enterprise Zone incentive. This incentive uses state sales tax funds to reimburse FHR for their investment and the retention of jobs. BACKGROUND AND FINDINGS: FHR Corpus Christi is planning new capital investments beginning in 2025 and continuing over the next five years to upgrade machinery and equipment (M&E) at its West refinery, located at 2825 Suntide Road, Corpus Christi, Texas (the "Qualified Business Site"). The planned investment is expected to exceed $150 million. This proposed capital investment supports long- term operations beyond standard maintenance, with a focus on value creation and continuous business improvement across all processing units at the site. The M&E upgrades are expected to enhance operational reliability, increase processing efficiency, and reduce downtime. These improvements are designed to modernize production lines and optimize throughput and product quality. In addition to core M&E enhancements, the project includes the final installation and commissioning of an onsite solar power generation system. As part of this investment, FHR Corpus Christi will retain 500 jobs at the Qualified Business Site, reflecting the level of commitment required to fully realize the benefits available under the Texas Enterprise Zone program. This figure does not imply any reduction in the broader workforce and is consistent with FHR's ongoing commitment to the Corpus Christi community. FHR Corpus Christi seeks to continue growing by investing in the community, serving as a leading business partner in building a stronger and more dynamic workplace for current and future employees. The short-term goal of this investment is to improve operational capabilities, update technologies, and enhance working environments. Ultimately, the long-term benefit of these improvements is to better serve customers. This capital investment and job retention form the basis for this single Texas Enterprise Zone project nomination. Under State Law, the Office of the Governor— Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of$2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has nominated one business for this biennium. This nomination will use one of the City's eight remaining nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including Valero, Bay Ltd, CITGO, Stripes, and Flint Hills Resources. To date, the designated enterprise zone projects have resulted in at least $2 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Flint Hills Resources Corpus Christi, LLC, ("FHR Corpus Christi" or the "Company") is a member of the Flint Hills Resources group. FHR Corpus Christi operates out of two refining facilities in Corpus Christi, Texas and employs 994 personnel. These refineries receive crude oil and other raw materials via the Corpus Christi Ship Channel and pipelines and have crude oil refining capacity of about 356,000 barrels per day. Once refined, products including jet fuel and ultra-low sulphur gasoline and diesel flow through the company's pipelines to terminals in San Antonio, Bastrop, Austin, Waco, and the Dallas/Ft. Worth area, including the Dallas/Ft. Worth International Airport. This refining operation has earned industry and government accolades for its safety performance. The refineries have earned Star status from the U.S. Occupational Safety and Health Administration's Voluntary Protection Program, which recognizes facilities with exceptionally safe performance as verified by an extensive audit. In addition, FHR has earned an American Fuel & Petrochemical Manufacturers (AFPM) trade association a Safety or Process Safety Innovation Award for three consecutive years as recognition for developing unique and innovative programs or practices that have improved facility safety performance. Recently, FHR Copus Christi achieved the U.S Environmental Protection Agency's ENERGY STAR Challenge for Industry by reducing its energy intensity by 10.3% within three years. FHR Corpus Christi has deep history in Corpus Christi as being a responsible corporate citizen and contributing member of the local economy. The Company is committed to understanding the needs of the community and partners with organizations to develop projects and activities that add value to our neighbors and improve the quality of life. As evidence, the Company has participated in philanthropic activities via donation to various charitable organizations such as Driscoll Children's Hospital, Texas State Aquarium, Del Mar College, Texas A&M University- Corpus Christi to name a few.We are proud of the partnerships we have developed and supported over the past three decades that work to improve the quality of life in our community. ALTERNATIVES: Due to State statute no other taxing entity can be the nominating authority. The City can choose not to nominate the company. There is no fiscal impact on the City and it helps a large employer in our area be more cost efficient and retain jobs. FINANCIAL IMPACT: This incentive is a rebate of the State's portion of the sales tax and does not affect the City in any way. Funding Detail: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: Staff recommend approval of the Resolution to nominate Flint Hills Resources Corpus Christi, LLC as a single Enterprise Project, as presented. This will aid a large employer in our area and keep those jobs here, helping our economy stay strong. LIST OF SUPPORTING DOCUMENTS: Resolution TEZ Ordinance Resolution nominating Flint Hills Resources Corpus Christi, LLC to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a single enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). WHEREAS, the City of Corpus Christi ("City") has previously passed on August 26, 2014, Ordinance No. 030260 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are exactly the same on this date as were outlined in Ordinance No. 030260-1 WHEREAS, the EDT through the Bank will consider Flint Hills Resources Corpus Christi, LLC as an enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, Flint Hills Resources Corpus Christi, LLC has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that Flint Hills Resources Corpus Christi, LLC, located at 2825 Suntide Rd., Corpus Christi, Texas 78409, meets the criteria for designation as an enterprise project under the Act on the following grounds: 1. Flint Hills Resources Corpus Christi, LLC is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body's jurisdiction located outside of an enterprise zone and at least thirty- five percent (35.0%) of the business' new permanent jobs in the enterprise zone will be held by residents of an enterprise zone, economically disadvantaged individuals, or veterans; and 2. Flint Hills Resources Corpus Christi, LLC is located in Census Tract 6.02, Block Group 1 , as defined by the most recent federal decennial census available at the time of designation; and 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of Flint Hills Resources Corpus Christi, LLC as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that Flint Hills Resources Corpus Christi, LLC meets the criteria for tax relief and other incentives adopted by the City and nominates Flint Hills Resources Corpus Christi, LLC for an enterprise project status on the grounds that it will be located Page 1 of 2 at a qualified business site and will create a higher level of employment, economic activity, and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate Flint Hills Resources Corpus Christi, LLC as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting are hereby approved and adopted. SECTION 2. That Flint Hills Resources Corpus Christi, LLC is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as an enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate 5 years after the date of designation. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, Assistant Secretary Page 2 of 2 so 0 H U aCORPOPp£ I852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 19, 2025 Second Reading for the City Council Meeting of August 26, 2025 DATE: August 19, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice, Development Services Department Michaeld3@cctexas.com (361) 826-3596 Rezoning for a property at or near 602 Saratoga Blvd CAPTION: Zoning Case No. ZN8634, Saratoga 400 Partners, LLC. (District 3). Ordinance rezoning a property at or near 602 Saratoga Boulevard from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the property to allow a denser residential subdivision, accommodating a total of 256 dwelling units. BACKGROUND AND FINDINGS: The proposed Saratoga West Planned Unit Development comprises 32.80 acres out of the Planning Commission-approved 257-acre Saratoga Ridge Subdivision preliminary plat, south of the Corpus Christi International Airport, at the intersection of Saratoga Boulevard, and County Road 37 (the future Jurica Road), east of Old Brownsville Road. The site sits outside the airport's accident potential and clear zones; and within an area largely zoned "IL" Light Industrial District, with a moderate "FR" Farm-Rural District, and modest-sized medium-density residential districts dating to the early 1980s. The immediate surrounding properties are zoned "RS-4.5" Single-Family 4.5 District to the east; "FR" Farm Rural District and "RS-4.5" Single-Family 4.5 District to the north and south; and "FR" Farm Rural District to the west. The site and surrounding land have a current land use designation of agricultural and are undeveloped. The applicant is now seeking to apply a planned unit overlay to the current base zoning district to accommodate a denser residential subdivision. The "RS-4.5" District allows for various uses including single-family detached houses and places of worship. Zero lot line developments and semi-attached houses are permitted subject to limitations. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The proposed rezoning is consistent with the Westside Area Development Plan (ADP) and is consistent with the FLUM designation of Medium-Density Residential. During the permitting process, zoning reviews are conducted to ensure that development compatibility is achieved; through the prescription of Unified Development Code required buffer yard width and points (UDC §7.9.5, 7.9.6), increased setbacks due to height (UDC §4.2.8.D), limitations on hours of operations with certain site features (UDC §7.2.7.B.1 .a), and visual barriers such as landscaping (UDC §7.3.10) and walls to buffer noise generators (UDC §7.9.8.B). Public Input Process: Number of Notices Mailed: 0 notices were mailed within the 200-foot notification area, and 0 outside the notification area. As of July 18, 2025 In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION (July 9, 2025): Planning Commission and Staff Recommend approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development overlay. Vote Results For: 8 Against: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8634, Saratoga 400 Partners, LLC. (District 3). Ordinance rezoning a property at or near 602 Saratoga Boulevard from the "RS- 4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS,the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 32.80 acres, as described and shown in Exhibit"A", from: the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay. The subject property is located at or near 602 Saratoga Boulevard. Exhibit A, a metes and bounds, is attached to and incorporated in this ordinance. Exhibit B, the PUD (Planned Unit Development) guideline document is also attached and incorporated. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the properties in accordance with the Development (PUD) Guidelines and Master Site Plan, attached as Exhibit B, and to the satisfaction of the Technical Review Committee (TRC). 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that 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 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 8. This ordinance shall become effective upon publication. Introduced and voted on the day of 12025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Exhibit A PAPE-DAWSON ENGINEERS METES AND BOUNDS DESCRIPTION FOR SARATOGA RIDGE WEST P.U.D. (PLANNED UNIT DEVELOPMENT) A 32.904 acre,or 1,428,923 square feet more or less,tract of land out of that called 257.69 acre tract described in a deed to Saratoga 400 Partners, LLC, recorded in Document Number 2022043954 of the Official Public Records of Nueces County,Texas,out of the Enriquez Villareal Survey,Abstract 1, of the City of Corpus Christi,Nueces County,Texas.Said 32.804 acre tract being more fully described as follows, with bearings based on the Texas Coordinate System established for the South Zone from the North American Datum of 1983 NAD 83(NA2011)epoch 2010.00: COMMENCING: At a found Type I TxDOT Monument on the northeast right-of-way line of State Highway 357,a 120-foot wide public right-of-way,also known as Saratoga Boulevard, the southwest line of said 257.69 acre tract,at the southeast end of the east cut-back of the intersection of said State Highway 357 and an un-improved 20-foot wide road reservation, recorded in Volume 3, Page 40, of the Map Records of Nueces County, Texas,a southwest corner of said 257.69 acre tract,from which a found 5/8"iron rod with a cap marked 'BASS" at the northwest corner of said east cut-back,the west corner of said 257.69 acre tract,the south corner of said 20-foot wide un-improved road reservation,bears N 35°24'26"W,a distance of 223.90 feet; THENCE: N 73°14'58"E, departing said northeast right-of-way line, the southwest line of said 257.69 acre tract,over and across said 257.69 acre tract,a distance of 424.96 feet to the POINT OF BEGINNING of the herein described Planned Unit Development tract; THENCE: Continuing over and across said 257.69 acre tract,the following twelve(12)bearings and distances: N 28°34'20" E,a distance of 1350.04 feet to a point; S 61°50'42"E,a distance of 1040.93 feet to a paint; S 28°09'18"W,a distance of 45.00 feet to a point; S 61'50'42"E,a distance of 110.00 feet to a point; S 28°09'18"W,a distance of 680.00 feet to a point; N 61"50'42"W,a distance of 160.00 feet to a point; S 28°09'18"W,a distance of 85.00 feet to a point; N 61°50'42"W,a distance of 76.80 feet to a point; Page 1 of 2 32.804 Ac Saratoga Ridge P.U.D. March 27,2025 Page 2 of 2 S 28'34'20"W,a distance of 430.01 feet to a point; S 61`50'42"E,a distance of 145.22 feet to a point; S 28°09'18"W,a distance of 110.00 feet to a point; N 61*50'42"W, a distance of 1066.05 feet to the POINT OF BEGINNING and containing 32.804 acres in the City of Corpus Christi,Nueces County,Texas.Said tract being described under job number 21032-02 by Pape-Dawson Engineers. 9 F re WAN......AVD E6AENTSON �i 6839 .' !''g eat�o'?*q�' •as SUM i Brian Lorentson Registered Professional Land Surveyor R.P.L.S.NO.6839 PREPARED BY: Pape-Dawson Engineers Texas Registered Survey Firm#10029800 DATE: March 27,2025 JOB NO. 21032-02 DOC.NO. N:\CIVIL\21032-02\Word\21032-02 FIN 32.804AC PUD.docx PLANNED UNIT DEVELOPMENT (P.U.D.) SARATOGA RIDGE WEST ,426,523540anE FEET MORE OR LE.,, TRACT OF LAND D T OF THAT CAUED.7.55 ACRE THACT DESCRIBED IN A DEED T SARATOGA 400 PARTNERS, UD, RECEMD. 00.MENT NU WEB Or TNEOSFln x PH.. LwnuL SURVEY, p3954ABSTRACT 1, OF TNE CRY OF COPP. OHM, NUECES COUNTY. TIMAS 49 LINE TABLE UNE BEAR INC LENOTH IBINY 4552.2, PUD VARIANCE TABLE Sr*FsMIYGtlncts IS45 I9545Rfl Mn Whea(5) 4503 4000 Mrt 1Wdth(FI) 43 tl Mn. Yards(fl) 20 20 are. (51) 20 20 areet(urrer)(FI) 10 10 s5e(0r15.0))*T) 5 5 smrlew)(F) 10 10 gar(FT) 5 5 MrtOpen$leee 3016 0096 F.H0ld4n 35 30 Rtlic 0e240r 1acre Fc100[L IEINIIHI RESIDENTIAL LOTS UNIT x UNIT -I UNIT 2 UNIT 3 UNIT TOTAL 7 OS 1.55 256 LOCATION MAP OWNER/DEVELOPERSARATOGA 400 PARTNERS, LLD. CORPUS CHRISTI, Tx H (361).1 pe4,3CONTACT. FRED DRASELTON, PRESIDENT ENGINEER_ PaP TELS(36110ENGINEERS, INC. PAPE-DAWSON pa ENGINEERS SCALE, 100' • • • • LEGEND • CENTERLINE LOT LINE ZONING BOUNDARY UNIT BOUNDARY HY MIN S[OTS PrAN,R0N RAG N1TR ELL OTNEIM. NUMBER 00L/Pc. UNE/PACE AC ACRE(5) r.R.A.P, IRON ROD/IRON PPE (PP)_ PTARO REORIREMENT ROW CCN) F.1 E , LIE. ITMI TnE F. 100 YE. F_000Puw. DATE OF PREP ARATION MARCH 31, 2025 SHEET 1 OF ZONING REPORT CASE ZN8634 Applicant & Subject Property District: 3 Owner: Saratoga 400 Partners LLC Applicant: Pape Dawson Engineers Address: 602 Saratoga Boulevard, located northeast of Saratoga Boulevard, and southeast of Old Brownsville Road. Legal Description: 255.684 Acres out of Tracts 1 Thru 6, WM J Farm. Acreage of Subject Property: 32.8 acres. Refer to Attachment (A) Metes and Bounds. Zoning Request From: "RS-4.5" Single-Family 4.5 District To: "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay Purpose of Request: To allow a denser residential subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-4.5" Single-Family 4.5 "FR" Farm Rural, North "RS-4.5" Single-Family 4.5 South "FR" Farm Rural Agricultural Medium-Density Residential East "RS-4.5" Single-Family 4.5 West "FR" Farm Rural Plat Status: The subject property is not platted. The proposed development will require subdivision of the subject tract. A Saratoga Ridge preliminary plat was approved by Planning Commission on November 1 , 2023. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None Roadway Master Plan Existing Roadway Section Proposed Designation (Aerial) "AY Primary Arterial Section Existing Divided Saratoga 130-Foot ROW 100-Foot ROW Boulevard "Cl" Minor Residential 6 Lanes, 2 Lanes, Collector Median No Median/Center Turn Lane Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 19 Ayers with a bus stop near Greenwood Drive and Sanderson Drive; approximately 1 mile east of the subject property. Bicycle Mobility Plan: The subject property is not located near bicycle mobility infrastructure. Utilities Gas: A 4-inch HP WS (active grid main) exists along the south side of Saratoga Boulevard. Stormwater: A surface stormwater infrastructure exists along the north side of Saratoga Boulevard. Wastewater: A 6-in (active and public) wastewater force main exists along the north side of Saratoga Boulevard; and an 18-inch PVC (public and under construction) gravity main is proposed southeast of the subject property along Saratoga Boulevard. Water: A 54-inch SP (active and public) transmission line exists along the north side of Saratoga Boulevard with (2) 12-inch (public and under construction) distribution lines proposed east and south of the subject property, along Saratoga Boulevard. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. ADP (Area Development Plan): According to Plan CC the subject property is located within the Westside ADP (Adopted on January, 2023). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: Improvements have been proposed, which, include a 12-inch PVC proposed main, along Saratoga Boulevard. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: "A3" Primary Arterial Divided. Public Notification Number of Notices Mailed 0 within a 200-foot notification area 0 outside the 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 % in opposition within the 200-foot notification area (0 individual property owners) Public Hearing Schedule Planning Commission Hearing Date: July 9, 2025 Tentative City Council 1st Reading/Public Hearing Date: August 19, 2025 Tentative City Council 2nd Reading Date: August 26, 2025 Background: The proposed Saratoga West Planned Unit Development comprises 32.80 acres out of the Planning Commission-approved 257-acre Saratoga Ridge Subdivision preliminary plat, south of the Corpus Christi International Airport, at the intersection of Saratoga Boulevard, and County Road 37 (the future Jurica Road), east of Old Brownsville Road. The site sits outside the airport's accident potential and clear zones; and within an area largely zoned "IL" Light Industrial District, with a moderate "FR" Farm-Rural District, and modest-sized medium-density residential districts dating to the early 1980s. The immediate surrounding properties are zoned "RS-4.5" Single-Family 4.5 District to the east; "FR" Farm Rural District and "RS-4.5" Single-Family 4.5 District to the north and south; and "FR" Farm Rural District to the west. The site and surrounding land have a current land use designation of agricultural and are undeveloped. The applicant is now seeking to apply a planned unit overlay to the current base zoning district to accommodate a denser residential subdivision. The 257-acre preliminary plat was approved on November 1st, 2023; preceded by a zoning request approved by City Council on September 6, 2022, to the "RS-4.5" Single-Family 4.5 District and "RE/SP" Residential Estate District with a special permit from the "FR" Farm Rural District. The original request was amended by applicant to be consistent with the AICUZ (Air Installation Compatibility Use Zone) for the Corpus Christi International Airport and the Navy's JLUS (Joint Land Use Study) land use recommendations whose purpose is to maintain a harmonious relationship the navy's training operation and the surrounding communities' quality of life. The subject property is out of Tract I, which is outside any of the airports' AICUZ zones. The amendment to the original request logically parceled out three tracts to align with the AICUZ zones of the airport and the Joint Land Use Study. A continuous band, 300 feet in depth, along Saratoga Boulevard and the future planned Jurica Road, maintains the "FR" Farm Rural district designation, presumably for future development of a commercial nature. Tract I, the land outside of the AICUZ zones of the airport, received a "RS-4.5" Single-family 4.5 zoning designation; while Tract II, in line with the AICUZ, was granted a "RE" Residential Estate District, which requires a greater amount of lot area for development, with a special permit that deviates the required density to 2 dwelling units per acre, rather than the prescribed 1 unit, and prevents construction in the Special Flood Hazard Area. Final plats, out of Tract I, are currently undergoing review, and include the subject property. The "RS-4.5" District allows for various uses including single-family detached houses and places of worship. Zero lot line developments and semi-attached houses are permitted subject to limitations. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. A planned unit development overlay, as it pertains to the subject request, may be used to permit new or innovative concepts in land utilization, master-planned communities or mixed-use developments that other zoning districts do not easily accommodate. A planned unit development also provides site- specific compatibility standards. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow development to occur, procedures are established to ensure against misuse of increased flexibility. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Promote the proper location of land uses based on compatibility, Iocational needs, and characteristics of each use. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, Iocational needs, and characteristics of each use. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage convenient access from medium-density residential development to arterial roads. Westside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Westside ADP and is consistent with the FLUM designation of Medium-Density Residential. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with the City's comprehensive plan and the future land use of medium-density residential. • The overlay to be applied will maintain compatibility with the present zoning, conforming uses to be soon established, and the character of the surrounding area, and will not have a negative impact on the surrounding neighborhood. o The overlay tweaks the base "RS-4.5" Single-Family 4.5 standards—from a 4,500 sf lot area requirement to 4,000 sf, and lot width from 45 ft to 40 ft. It remains fully compatible with adjacent zoning and existing conforming uses. No significant negative impacts on the character or livability of the surrounding neighborhood are anticipated. o Under the unmodified RS-4.5 rules, the submitted layout could have yielded roughly 224 dwelling units; with the two minor dimensional deviations allowed by this PUD overlay, the plan accommodates 256 units. That produces an overall density of about 7.82 units per acre (versus 6.83 u/a without deviations), which still comfortably fits within the Medium-Density Residential range of 7-13 units per acre. • The parcel to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation (July 9, 2025): After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, Planning Commission and Staff Recommend approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development overlay. Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (C) Planned Unit Development Plan (A) Metes & Bounds Description and Exhibit PAPE-DAWSAN ENGINEERS METES AND BOUNDS DESCRIPTION FOR SARATOGA RIDGE WEST P.W.D. (PLANNED UNIT DEVELOPMENT) A 32.804 acre,or 1,428,923 square feet more or less,tract of land out of that called 257.69 acre tract described in a deed to Saratoga 4DO Partners,U-C, recorded in Document Number 2022043954 of the Official Public Records of Nueces County,Texas,out of the Enriquez Villareal Survey,Abstract 1,of the City of Corpus Christi,Nueces County,Texas,Said 32.804 acre tract being more fully described as follows, with bearings based on the Texas Coordinate System established for the South Zone from the North American Datum of 1983 NAD 83(NA2011)epoch 2010.00: COMMENCING: At a found Type I TxDOT Monument on the northeast right-of-way line of State Highway 357,a 120-foot wide public right-of-way,also known as Saratoga Boulevard, the southwest line of said 257.69 acre tract,at the southeast end of the east cut-back. of the intersection of said State Highway 357 and an un-improved 20-foot wide road reservation,recorded in Volume 3,Page 40,of the Map Records of Nueces County, Texas,a southwest corner of said 257.69 acre tract,from which a found 5/8"iron rod with a cap marked "BASS"at the northwest corner of said east cut-back,the west corner of said 257.69 acre tract,the south corner of said 20-foot wide un-improved road reservation,bears N 35°24'26"W,a distance of 223.90 feet,- THENCE: N 73°14'58"E,departing said northeast right-of-way line,the southwest line of said 257.69 acre tract,over and across said 257.69 acre tract,a distance of 424.96 feet to the POINT OF BEGINNING of the herein described Planned Unit Development tract; THENCE: Continuing over and across said 257.69 acre tract,the fallowing twelve(12)bearings and distances: N 28°34'20"E,a distance of 1350.04 feet to a paint; S 61'50'42"E,a distance of 1040.93 feet to a point; S 28'09'18"W,a distance of 45.00 feet to a point; S 61"50'42"E,a distance of 110.00 feet to a paint; S 28'09'18"W,a distance of 680.DO feet to a point; N 61°50'42"W,a distance of 160.00 feet to a point; S 28'09'18"W,a distance of 85.00 feet to a point; N 61'50'42"W,a distance of 76.80 feet to a point; Page 1 of 2 Islnphon , 210.375.9000 addross:2000 NW LOOP 410 SAN ANTONIO,Tx 79213 webaitc PAPS-OAWSON.COM 32.804 Ac Saratoga Ridge P.U.D. March 27,2025 Page 2 of 2 S 28°34'20"W,a distance of 430.01 feet to a point; S 61°50'42"E,a distance of 145.22 feet to a point; S 28°09'18"W,a distance of 110.00 feet to a point; N 61°50'42"W, a distance of 1066.05 feet to the POINT OF BEGINNING and containing 32.804 acres in the City of Carpus Christi,Nueces County,Texas.Said tract being described under job number 21032-02 by Pape-Dawson Engineers. Af-fi � .......... - - BRINY DAVID IORENTSRN Brian Lorentson Registered Professional Land Surveyor R.P.L.S.NO.6839 PREPARED BY: Pape-Dawson Engineers Texas Registered Survey Firm#t 10028500 DATE: March 27,2025 JOB NO. 21032-02 DOC.NO. N:\CIVIL\21032-02\Word\21032-02 FN 32.804AC PUD.docx (B) Existing Zoning and Notice Area Map AICUZ =APZ-1 0'APZ-2 CZ RE FR M H SUBJECT P,R.OPEl R,S-4 5 CASE: ZN8634 Zoning and notice Area RM-i Multifamily 1 IL Light Industrial 4� RM-2 Multifamily 2 IH Heavy Industrial i RM-3 Multlfamllya PIJO Plannetl N n it Dev.Overlay ON Professional OMce RS-10 Single-Family 10 RM-AT Multifamily AT R6-6 Single-Family 6 CN-1 Neighborhood Commerctal RS-4.5 Single-Famlly4.6 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 16 CR-2 Resort Commerctal RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CRD Dewntovm Commercial RMH Manufactured Home CR-3 Resort Commercial /-- FR Farm Rural H Historic Overlay SUBJECT BP Business Park PROPERTY �f'71�Subject Property bu O Owners itIth 2C0' ffer In lauor 4 ow eswnnm2oo'it�edon owners City of Esn,HERE arraoneaew„�vsnipranre nepp-,b- C?IpuS LOCATION MAP Christi (C) Planned Unit Development Plan '4'n'd 123m 3`OOIL VOO LVHVS EO-ZEOLZ'ON qof RanInS:EO-Z£D l2'oN qof IInIJ w w aw - W �4 �o w �p N ¢= o����� z o 1Y; as hd P S m v ¢ moo- F 4Ch O w� �� w�' �`� ^ 's ❑ JIo ten. . is Z aao w LLI Lu ❑ cc Q s ❑ I aBa 'h3�'939 O Wr� F'm ¢ m�V<od o F LLO LLI � .� �. ❑ � W- q En a - ---_ I r i I Loa I r I Y � i r Qaz I r a oo'oea M_aL.easzs "L r - p` L � I x — wj = ww ts � . w� ao�= � !r I � m� - o•� �� 3 o Z¢ o,o - x - s UI _ — Y d 3 a _ ~ � ,bb'OSFL�3sOZ.bF.HaN i tiz _ o s v aN 3 _�lltl3..D3LWtlW31� n _ faa'a ces�loeLozd oo�] � '\`� �ga�AeiNnoo ('H'd'0 85-✓OSOZIGZA ADO) t'a'd'0 p64a ZOLI4LY GOGJ ill 3JVG6Y35 53A �IN33WnH Z3aN3Tn 3_GIX'0�•.�3G 1 � Zoning Case ZN8634 Saratoga 400 Partners LLC District 3 Rezoning for a property at or near 602 Saratoga Boulevard From the "RS-4.5" Single-Family 4.5 District To the "RS-4.5/PUD" Single-Family 4.5 District with a PUD Overlay SUBJECT- PROPERTY 41 1 gq. SUBJECT RgT�Gq H(vo _ _ PROPERTY N City of Esri,HERE Corpu* LOCATION MAP 1 Christi ' Planning Commission July 9, 2025 Zoning and Land Use Proposed Use: To allow a denser residential subdivision, accommodating a total of 256 FR RE dwelling units. MH ADP (Area Development Plan): Westside ADP, Adopted on January 2023 sue�Egr FLUM (Future Land Use Map): 'ROPE Medium-Density Residential S-4 5 Existing Zoning District: "RS-4.5" Single-Family 4.5 District Adjacent Land Uses: North: Agricultural; Zoned: TR" and "RS-4.5" N South: Agricultural; Zoned: TR" Farm Rural 1 East: Agricultural; Zoned: "RS-4.5" West: Agricultural; Zoned: TR" Public Notification 0 Notices mailed inside the 200' buffer 0 Notices mailed outside the 200' buffer RE FR Notification Area M Opposed: 0 (0.00%) 3UBAECT Separate Opposed Owners: (0) ' In Favor: 0 (0.00%) 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. TRC Approved Site Plan Sg / S61'5042E '°` °' PUD DEVELOPMENT STANDARDS 9nge FardlyZisUIcts RS4.5 17IPtiD M m Lot Av (M 45M 4000 ' MirL Lot Nidth(FT) 45 40 M mYards(F) 20 20 — Weet(FT) 20 20 cQ m $eEt(corner)(P7) 10 i0 P .ry 8de(sirye)(Fl) 5 5 FIR 9dB Rotsl)(Fl) 10 id FIIIar(FT) 5 5 I w � I — — Min.Open dace 3ostq 305u I R � MBzHei¢R(PT1 a5 as — +WHERE NOT STATED OTHERWSE.THIS DEVELOPMENT WILL COMPLY WITH THE STANDARDS OUTLINED IN THE CITY Rs 4.5 OF CORPUS CHRIST]UNIFIED DEVELOPMENT CODE T E- rew RESIDENTIAL LOTS 1 _ UNIT If AREA ❑WELLING DENSITY - �- (ACRES) �NITS(DU) (DU/AC) rzoxirvc ewxongr UNIT 1 11.77 95 8-11 1 L UNIT 2 6.76 52 7.69 rv61'50'42'w—i°5s o5' UNIT 3 7.19 55 7.65 axovm,r unc � UNIT 4 7.08 54 7.53 R TOTAL 32.80 256 7.82 O' — ———— nonce aim Staff Analysis and Recommendation • The proposed rezoning is consistent with the City's comprehensive plan and the future land use of medium-density residential. • The overlay to be applied will maintain compatibility with the present zoning, conforming uses to be soon established, and the character of the surrounding area, and will not have a negative impact on the surrounding neighborhood. • The parcel to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. STAFF RECOMMENDS APPROVAL FROM "RS-4.5" SINGLE-FAMILY 4.5 DISTRICT TO "RS-4.5/PUD" SINGLE-FAMILY 4.5 DISTRICT WITH A PLANNED UNIT DEVELOPMENT OVERLAY SUBJECT PROPERTY �BV CASE: ZN8 634 N WE Aerial View — s ® Subject *+� Property4 SUBJECT J,' PROPERTY City of Esri, HERE Corpus LOCATION MAP Christi Se GO � O� A H /NCOOPOR AGENDA MEMORANDUM 1852 City Council Meeting of August 12, 2025 DATE: July 21, 2025 TO: Peter Zanoni, City Manager FROM: Elisa Olsen, Director of Communications elisao@cctexas.com 361-446-2737 City of Corpus Christi Logo Update STAFF PRESENTER(S): Name Title/Position Department 1. Elisa Olsen Director of Communications Communications BACKGROUND: The City Logo has been updated to include the iconic new Harbor Bridge. This is the first major update to the logo since it was released in 2002. Integrating the Harbor Bridge into the City's primary graphic mark will enhance civic pride and strengthen the City's visual brand. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Council-Logo-Briefing-072925 GO�Q us CyR�s 1852 CITY OF ,77 CORPUS CHRISTI sm City Logo Update - , History of City Seal & Logo �o�P�s�yq.� o,� _ m 2 City of Corpus Christi � 1851 ` f rAiOWCITY OF CORPUS CHRISTI CITY SEAL �. The Seal of the City of Corpus Christi has been an important part of the City Government since its w moo �- adoption in 1952. '4 - —�. .■_. - opus ch J N *� ias2 CITY OF CORPUS CHRISTI C] CITY SEAL0 • The City Seal is used in a formal context only and is reserved for use by the Mayor, City Council, and City Manager. • In 1952, to commemorate the City's 100th anniversary, a City Seal contest was conducted throughout area junior and senior high schools. 1852 Miss Mary Lynn Humble, a student of W.B. Ray High School, was declared the winner of a design contest. 4 City of Corpus Christi a. CITY OF CORPUS CHRISTI CITY LOGO The City logo is a unique graphic mark that visually represents a municipality's identity. It's important because it builds civic pride among residents and serves as a vital branding tool. �� 4o�pus chR,r CITY OF CORPUS CHRISTI CITY LOGO • The City Logo was created in 2002 for the City's 150th Anniversary Celebration. • In 2002, the creation of the logo was outsourced to a third party and has been used ever since. • The City has substantial "brand equity" in the logo, as it has been used widely and publicly for over 20 years. 6 City of Corpus Christi CITY OF CORPUS CHRISTI UPDATED CITY LOGO • The City Logo has been updated : • Include the new Harbor Bridge. • The Mirador has been updated to correct the drawing. • Minor graphic improvements have been made to improve legibility, such as straightening lines, etc. e --- e�l�� i a , ■ Go�Qus o >P, ~iJ y ��bRenPPh� 7852 THANK YOU ! • Mi • e�! 12 City of Corpus Christi CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER TO: Peter Zanoni, City Manager FROM: Drew Molly, P.E., Chief Operating Officer COPY: Mayor& City Council DATE: August 15, 2025 SUBJECT: Water Supply Projects Update Corpus Christi Water(CCW) continues to evaluate a number of alternative water supply projects. These projects are in addition to the Inner Harbor Water Treatment Campus,which was suspended at the request of City Council on July 29, 2025, until more information is provided by the Texas Water Development Board (TWDB) to determine if the current project funding can be appropriated to alternative projects. The suspension of work directs Kiewit to stop work on design services and the demonstration plant. It also directs Frese and Nichols(FNI),the owner's agent,to stop work on all owner representative services. The suspension of work is effective August 1, 2025, and ends August 28, 2025, or until further Council action. Kiewit acknowledged receipt of the project suspension and has communicated how this suspension will potentially impact project costs and schedule in a letter dated on August 1 to the Program Management Office. Inner Harbor Water Treatment Campus (IHWTC) City staff has received several inquiries from Councilmembers regarding the City's Inner Harbor Desalination (IHWTC) project's contractual obligations and expenditures to date. To provide additional clarity, City staff is providing a Total Project Cost one-pager that shows each contract/amendment and the amount spent on each, dating back to 2015. The total expenditures to date for the IHWTC Project is$34,277,862. The remaining encumbrances allocated to this project is $38,791,852. These figures are outlined in the attachment. Over the last ten years,the City has entered into contractual agreements with companies to perform services and secured assets in support of the IHWTC Project. The general services include permit administration and support, project administration, securing electrical service, legal support, land acquisition, and planning/design. The total value of the executed contracts and amendments from 2015 to present is approximately $73 million. This value represents money that has been allocated for the work but not necessarily spent. The IHWTC Total Cost Breakdown provided in previous water supply projects updates only represents the monthly expenditures for FNI and Kiewit since the start of design development(Phase 1), which began in December 2024. Water Supply Projects Update Page 2 At the request of a Councilmember, City staff and FNI met on August 14,2025 with local industry partners Gulf Coast Growth Ventures LLC (ExxonMobil and SABIC), Oxychem, and Flint Hills Resources LLC to discuss how the City could leverage the industry partners' extensive experience in project management and cost and schedule control with the delivery of the IHWTC project. The industry partners have committed their resources, at no cost to the City,to provide services in the form of meetings, workshops, discussions, studies, and other support as needed in support of the project development. City staff will use this partnership to help strengthen the project team and ensure the guaranteed maximum price is fair and reasonable. If City Council approves continuing the IHWTC project design development, staff will immediately integrate the industry partners into the project management process. Nueces River Groundwater Wells Project Phase 1 —Groundwater Well Implementation for Diversions to Nueces River Phase 1 consists of obtaining the necessary Texas Commission on Environmental Quality (TCEQ) Bed and Banks permit to discharge up to 15,680 acre-feet per year (approximately 14 MGD) of groundwater into the Nueces River. As of today, the current expenditure for this project is $15,391,317. A summary of the activities includes: ® Well Field 1 (Eastern Well Field) o Completion of Well No. 1 o Completion of Well No. 2 o Completion of Well No. 3 o Completion of Well No. 4 o Delivery of pumping equipment for Well No. 5 has been delayed and is expected next week ® City staff anticipate the well to be operable by the end of August o Completion of Well No. 6 o Installation of permanent pumping equipment for Well No. 7 is expected next week ® City staff anticipate the well to be operable by the end of August o Test pumping and water sampling on Well No. 8 is expected next week ® City staff anticipate the well to be operable by the end of August On June 11, 2025,the TCEQ declared the permit to be administratively complete. The City began discharging groundwater into the Nueces River in accordance with the approved monitoring plan and in compliance with all State and Federal laws. A notice of the application on June 27, 2025, was sent to the downstream interjacent water right holders of record in the Nueces River Basin, Texas Parks and Wildlife Department, and the Public Interest Council. On August 14, 2025, the TCEQ notified the City that the temporary bed and banks permit was granted on August 7, 2025. Phase 2A& 2B—Proposed Future Brackish Reverse Osmosis (RO)Treatment Plant Phase 2A of the Nueces River Groundwater Project will utilize groundwater from the eight new wells (Eastern Well Field) as a source of water for a future brackish groundwater plant. The City Water Supply Projects Update Page 3 has estimated that the eight groundwater wells will provide approximately 11 MGD of drinking water to its current supply. Preliminary and conceptual design work has commenced for the development of a future plant and is included in the Region N Water Plan. Phase 2B of the Nueces River Groundwater Project will utilize groundwater from the 251-acre Sutherland tract (Western Well Field) purchased by the City. City staff anticipate developing additional groundwater wells at this location. Evangeline Groundwater Project On August 12,the Council made a motion to direct City staff to prepare a purchase agreement for water rights on approximately 22,788 acres of property in San Patricio County. The motion was made to direct City staff to prepare a term sheet for a potential water source project involving 24 million gallons of water rights. City staff will work on deliverables, such as the land title,transfer permits, and drilling permits, before bringing a formal proposal back to council. South Texas Water Authority (STWA) There is no update to add regarding the South Texas Water Authority Project for this week. EV Ranch Groundwater Project There is no update to add regarding the EV Ranch Groundwater Project for this week. CC Polymers Seawater Desalination Treatment Plant There is no update to add regarding the CC Polymers Seawater Desalination Plant Project for this week. Reclaimed Water Infrastructure Project On April 8, 2025, the Council approved a professional services contract with Garver to provide the preliminary design services for this project. Garver received the executed contract on.Tune 20, which includes evaluating alternative water reclamation and reuse applications that would add a new water supply for the City. The main tasks associated with this project include: ® Develop a Reuse Alternatives Summary ® Develop a 12-month source water characterization report at Greenwood and Oso WWTP. ® Develop pilot study protocol documents, as required by TCEQ, which will serve as the basis for a future pilot plant design. These opportunities include conveying effluent to Industrial users and also the Nueces River. An additional meeting will be scheduled to explore these options. Attachment: IHWTC Total Cost One-pager i CD 0 ® tl 0 co �-+ m N � � co co cc CO v 4� c� U 4-j .- u z cc 0 7 c cu L) Q) (3) �, LL S qqT 0 ON C13 CY) rl*l r--,. 00 M � � rll-Iq ') c ® 6% A fr! co Iq r-I W L) Co C' ) cq C�! a) 00 w 4W ' E E cD ccC0 � -� MM LU 00 LO . � ® N Co CD N q W CO �C: cu C] m Cy C_y U- 0 ;�