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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.
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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.
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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
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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)
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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
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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
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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.
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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:
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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:
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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
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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.
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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;
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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
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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.
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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
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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
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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.
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Tuesday,August 12,2025
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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
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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
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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
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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
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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
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5eadngor SA ' _P-adcing-('1,to) l�
J�P_2v9d Smp Area - � O� -- �
iCapacity±2,500) N ALAMECIA STREET LAKE STREET
Shatle Sails
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mo _ � LIB m
a
ir_ m
Am �
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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
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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
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w 111
w
Y
10
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Y h
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d ��- -ram � �►,, `. ��
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#Agikk North Beach Trailhead* Corpus Chrsd
Engineering
-
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:II Lrossmg
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* Also referred to as the Freedom trail 12
se
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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
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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.
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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.
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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
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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 :
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O.N. STEVENS WATER
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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
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ATTEST:
Paulette Guaiardo, Mayor Rebecca Huerta, City Secretary
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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
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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
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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).
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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,
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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:
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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)
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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,
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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:
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Project Name AFA Not Used For Research&Development
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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.
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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
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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
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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 $4.5
million in federal funding for STBG-SA eligible projects.
o Funding applicable for federal fiscal years 2022 - 2025.
Surface Transportation Block
Grant- Set Aside (STBG-
• Eligible Projects (Small-Scale Transportation Related):
o Pedestrian and bicycle facilities
o Recreational trails
o Safe routes to school projects
o Community improvements
o Environmental mitigation
• Applicant responsible for pre-construction activities (w/local funds)
o Design & Environmental clearance
o Right-of-way and utility relocation/coordination
o Resolution to execute AFA w/ TXDOT & payment of direct state costs
• Federal Project Authorization and Agreement (FPAA) is required prior to
TxDOT issuing each State Letter of Authority (SLOA).
o Completion of the FPAA form allows the authorization of federal funds
for reimbursement of the approved costs.
Background
• March 2022- City Council approved submission of (5) applications for
CCMPOs 2021 Call for STBG-SA projects.
o District 1: Leopard Street and Oak Park Avenue Pedestrian Safety
Improvements
o District 2: Ocean Drive Pedestrian Crossing Improvements
o District 3: Mary Carroll Ditch Hike and Bike Trail Improvements
o District 4: Encantada Avenue Pedestrian Safety Improvements
o District 5: Brooke Road - Master Channel 27 Hike and Bike Project
• CCMPO awarded all (5) Projects.
• 100% Design Completed for all projects except Brooke Road.
o Proposed improvements are incorporated in Bond 2024 project.
Location Map
11,9AP 1 -SAFETY T
Existing
Leopard St and Oak Park Ave Oak Park Ave North of Leopard St
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Project
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RUBLIC WORK$
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OAK PARK AVENUE
_ LEOPARD
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Curb Ramp
ELMORE DRIVE
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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
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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:
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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)
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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:
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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
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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
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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
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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).
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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
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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.
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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
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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.
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District# 16 Code Chart 64# 09800
Project Name Mary Carroll Ditch Hike and Bike Trail AFA Not Used For Research&Development
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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
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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
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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
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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
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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
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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.
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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:
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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
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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
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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.
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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
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ATTACHMENT A
PROJECT LOCATION MAP
CS-1:0916-35-255
Along Mary Carroll Ditch
{c'
f
�% ,
95
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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OCEAN DRIVE PEDESTRIAN CROSSING
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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).
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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
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District# 16 Code Chart 64# 09800
OCEAN DRIVE PEDESTRIAN CROSSING
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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
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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.
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District# 16 Code Chart 64# 09800
OCEAN DRIVE PEDESTRIAN CROSSING
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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
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District# CRP 16 AFA ID I Z00005406 CFDA Title Highway Planning and Construction
Code Chart 64# 09800
OCEAN DRIVE PEDESTRIAN CROSSING
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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
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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
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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
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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
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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
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CASE: ZN8 634 N
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SUBJECT J,'
PROPERTY
City of Esri, HERE
Corpus LOCATION MAP
Christi
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/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
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7852
THANK YOU !
• Mi
•
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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
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