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COASTAL EROSION PLANNING AND RESPONSE ACT
PROJECT COOPERATION AGREEMENT
GLO CONTRACT No. 14-331-000-8557
CEPRA PROJECT No. 1605
This project cooperation agreement (the "Contract") is entered into by and between the
GENERAL LAND OFFICE (the "GLO") and CITY OF CORPUS CHRISTI, the Qualified Project
Partner ("QPP"), each a "Party" and collectively "the Parties," under the Coastal Erosion
Planning and Response Act, Texas Natural Resources Code Sections 33.601-.613 ("CEPRA" or
the "Act") for GLO Contract No. 14-331-000-8557, CEPRA Project No. 1605, entitled, "McGee
Beach Nourishment"
ARTICLE 1 —GENERAL PROVISIONS
1.01 PURPOSE
The purpose of this Contract is to set forth the terms and conditions of the cooperation of
QPP in a CEPRA project managed by the GLO, with funding provided by the GLO and
QPP.
1.02 CONTRACT DOCUMENTS
The GLO and QPP hereby agree that this Contract and the following Attachments,
attached hereto (or incorporated by reference as if physically attached) and incorporated
herein for all purposes in their entirety, shall govern the Contract:
ATTACHMENT A: PROJECT WORK PLAN AND BUDGET
ATTACHMENT B: PROJECT LOCATION MAP(S)
ATTACHMENT C: GENERAL AFFIRMATIONS
1.03 DEFINITIONS
"Account" means the coastal erosion response account as defined in Section 33.604 of
the Texas Natural Resources Code.
"Administrative and Audit Regulations"' means the statutes and regulations included in
Chapter 321 of the Government Code; Subchapter F of Chapter 2155 of the Government
Code; and the requirements of Article VI herein. State agencies with the necessary legal
authority include, but are not limited to: the GLO, the GLO's contracted examiners, the
State Auditor's Office, and the Texas Attorney General's Office.
2014-356
11/18/14 GLO Contract No.14-331-000-8557
M2014-150 CEPRA Project No.1605
Texas General Land Office Page 1 of 13
INDEXED
"Attachment" means documents, terms, conditions, or additional information physically
added to this Contract following the execution page or incorporated by reference, as if
physically attached.
"Budget" means the budget for the Project, as detailed in Attachment A to this Contract,
the Project Work Plan and Budget.
"CEPRA" or the "Act" means the Coastal Erosion Planning and Response Act, Texas
Natural Resources Code Sections 33.601-.613.
"Contract" means this entire document, along with any Attachments, both physical and
incorporated by reference.
"Fiscal Year' means the period beginning September 1 and ending August 31 each year,
which is the annual accounting period for the State of Texas.
"GAAP" means "generally accepted accounting principles."
"GASB"means the Governmental Accounting Standards Board.
"GI,O"means the Texas General Land Office, its officers, employees, and designees.
"HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the
Texas Government Code.
"Mentor Protege" means the Comptroller of Public Accounts' leadership program found
at: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/
"Project"means the activities described in SECTION 2.01 and detailed in the Work Plan in
Attachment A of this Contract.
"Prompt Pay Act" means Chapter 2251, Subtitle F of Title 10 of the Texas Government
Code.
"Partner Match" means the amount contributed by QPP and all funding sources other
than the CEPRA Account to pay the shared Project costs set forth in the Budget .
"Public Information Act- means Chapter 552 of the Texas Government Code.
"Qualified Project Partner"or"QPP"means the City of Corpus Christi or Provider.
"State of Texas Textravel"means Texas Administrative Code, Title 34, Part 1, Chapter 5,
Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any.
"Work Plan" means the methodology, means, and manner in which the Project shall be
accomplished, as detailed in Attachment A of this Contract, the Project Work Plan and
Budget.
1.04 INTERPRETIVE PROVISIONS
(a) The meanings of defined terms are equally applicable to the singular and plural
forms of the defined terms;
(b) The words "hereof," "herein," "hereunder," and similar words refer to this
Contract as a whole and not to any particular provision, Section, Attachment,
Work Order, or schedule of this Contract, unless otherwise specified;
(c) The term "including" is not limiting and means "including without limitation"
and, unless otherwise expressly provided in this Contract, (i) references to
GLO Contract No.14-331-000-8557
CEPRA Project No. 1605
Page 2 of 13
contracts (including this Contract) and other contractual instruments shall be
deemed to include all subsequent amendments and other modifications thereto,
but only to the extent that such amendments and other modifications are not
prohibited by the terms of this Contract, and (ii) references to any statute or
regulation are to be construed as including all statutory and regulatory provisions
consolidating, amending, replacing, supplementing, or interpreting the statute or
regulation;
(d) The captions and headings of this Contract are for convenience of reference only
and shall not affect the interpretation of this Contract;
(e) All Attachments to this Contract, including those incorporated by reference, and
any Amendments are considered part of the terms of this Contract;
(f) This Contract may use several different limitations, regulations, or policies to
regulate the same or similar matters. All such limitations, regulations, and
policies are cumulative and each shall be performed in accordance with its terms;
(g) Unless otherwise expressly provided, reference to any action of the GLO or by the
GLO by way of consent, approval, or waiver shall be deemed modified by the
phrase "in its/their sole discretion." Notwithstanding the preceding sentence, any
approval, consent, or waiver required by, or requested of, the GLO shall not be
unreasonably withheld or delayed;
(h) All due dates and/or deadlines referenced in this Contract that occur on a weekend
or holiday shall be considered as if occurring on the next business day;
(i) All time periods in this Contract shall commence on the day after the date on
which the applicable event occurred, a report is submitted, or a request is
received; and
(j) Time is of the essence in this Contract.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
GLO Contract No.14-331-000-8557
CEPRA Project No. 1605
Page 3 of 13
ARTICLE 2—SCOPE OF PROJECT
2.01 PROJECT REQUIREMENTS
The Parties agree to cooperate to conduct a beach nourishment project at McGee Beach
in Corpus Christi, Texas by collecting data, obtaining permits, developing an engineering
design, and performing final construction of the beach (the "Project"). The Project area
is depicted on the Project Location Map(s), attached hereto and incorporated herein in
their entirety for all purposes as Attachment B. The Parties shall complete the Project
in accordance with the Project Work Plan and Budget in Attachment A and the General
Affirmations in Attachment C.
The Work Plan or Budget may be amended by written agreement of the Parties if
initiated by the GLO or by submission by QPP of a written request and detailed
justification to the GLO Project Manager listed in SECTION 2.03. Amendments to the
Work Plan or Budget may delay performance of the Project. ANY COSTS INCURRED
WHILE AWAITING APPROVAL OF AMENDMENTS REQUESTED BY QPP ARE THE
RESPONSIBILITY OF QPP.
2.03 PROJECT MANAGERS
The designated Project Managers for this Project are:
GLO
Michael Weeks, Project Manager
Texas General Land Office
Coastal Resources Division
P. O. Box 12873
Austin, TX 78711-2873
TEL: (512)463-3230
FAX: (512) 475-0680
E-mail: michael.weeks@glo.texas.gov
QPP
Jamie Pyle, Project Manager
City of Corpus Christi
1201 Leopard St.
Corpus Christi, Texas 78401
TEL: (361) 826-3502
FAX: (361) 826-3501
E-mail: jamiepy@cctexas.com
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GLO Contract No.14-331-000-8557
CEPRA Project No.1605
Page 4 of 13
ARTICLE 3 -TERM
3.01 DURATION
This Contract shall be effective as of the date executed by the last Party and shall
terminate upon completion of the Project in the sole determination of the GLO, or on
August 31, 2015, whichever occurs first. Renewals, if any, shall be upon terms mutually
agreeable to the Parties, and shall be from September 1 to August 31, always coinciding
with the state's fiscal year.
3.02 EARLY TERMINATION
The GLO may terminate this Contract by giving written notice specifying a termination
date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any
such notice, QPP shall cease any work, undertake to terminate any relevant subcontracts,
and incur no further expense related to this Contract. Such early termination shall be
subject to the equitable settlement of the respective interests of the Parties, accrued up to
the date of termination.
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GLO Contract No. 14-331-000-8557
CEPRA Project No. 1605
Page 5 of 13
Article 4—FUNDING
4.01 TOTAL PROJECT BUDGET
The Parties agree that all expenses associated with the performance of this Contract will
be paid by the Parties in accordance with the Budget, attached hereto and incorporated
herein in its entirety for all purposes in Attachment A, in an amount not to exceed Two
HUNDRED SIXTY-NINE THOUSAND DOLLARS ($269,000.00).
4.02 CEPRA ACCOUNT
The Parties further agree that the total amount to be expended by the GLO from the CEPRA
Account will not exceed FIVE THOUSAND DOLLARS($5,000.00) in in-kind services.
4.03 QPP CONTRIBUTION
QPP agrees to provide a total of TWO HUNDRED SIXTY-FOUR THOUSAND DOLLARS
($264,000.00) as Partner Match towards the Project Budget. QPP shall pay this amount
in full to the GLO no later than thirty (30) days following receipt of the GLO's written
request for payment, which may be delivered by electronic mail, regular mail, or
facsimile transmission. Payment shall be sent to the address provided for payment of the
Partner Match as set forth in SECTION 4.04.
IN ADDITION, FAILURE BY QPP TO COMPLY WITH THE REIMBURSEMENT
REQUIREMENTS OF THIS SECTION MAY BE CONSIDERED AN EVENT OF DEFAULT UNDER
SECTION 7.13.
4.04 PARTNER MATCH
The Act requires QPP to provide matching funds for not less than twenty-five percent
(25%) of shared Project costs. The Act's requirement is satisfied by the Partner Match,
which includes the sum to be contributed by QPP under SECTION 4.03.
Partner match shall prominently display "GLO Contract No. 14-331-000-8557" and shall
be submitted to:
GLO—For Partner Match
Texas General Land Office
Coastal Erosion Planning and Response Act(CEPRA)-MATCH
Mail Code 151
P.O. Box 12873
Austin, TX 78711-2873
Attn: Conroy Swan, Financial Management
4.05 ALTERNATIVE SOURCE FUNDING
The Parties agree to continue to work cooperatively to investigate and secure funding
from sources other than the Account. Alternative sources of funding acquired by QPP
after the execution of this Contract may be used to meet the Partner Match.
4.06 GENERAL AFFIRMATIONS
To the extent that they are applicable, QPP certifies that the General Affirmations in
GLO Contract No.14-331-000-8557
CEPRA Project No. 1605
Page 6 of 13
Attachment C have been reviewed, and that QPP is in compliance with each of the
requirements reflected therein.
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GLO Contract No.14-331-000-8557
CEPRA Project No. 1605
Page 7 of 13
ARTICLE 5-STATE FUNDING/RECAPTURE/OVERPAYMENT
5.01 STATE FUNDING
This Contract shall not be construed as creating any debt on behalf of the State of Texas
and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In
compliance with Article VIII, Section 6, of the Texas Constitution, it is understood that all
obligations of the GLO hereunder are subject to the availability of state funds. If such funds
are not appropriated or become unavailable,this Contract may be terminated. In that event,
the Parties shall be discharged from further obligations, subject to the equitable settlement of
their respective interests,accrued up to the date of termination.
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GLO Contract No. 14-331-000-8557
CEPRA Project No. 1605
Page 8 of 13
ARTICLE 6—RECORDS,INSPECTION AND AUDIT,RETENTION,PUBLIC INFORMATION AND
CONFIDENTIALITY
6.01 BOOKS AND RECORDS
QPP shall keep and maintain full, true, and complete records in accordance with GAAP or
GASB, whichever is applicable, as necessary to fully disclose to the GLO, the Texas State
Auditor's Office, the United States Government, and/or their authorized representatives
sufficient information to determine compliance with the terms and conditions of this
Contract, other applicable agreements, and all state and federal rules, regulations, and
statutes.
6.02 INSPECTION AND AUDIT
Pursuant to Texas Gov't Code Chapter 2262, QPP agrees that all relevant records related
to this Contract, including the records of its Subcontractors, shall be subject to the
Administrative and Audit Regulations. QPP understands that acceptance of assistance
under this Contract acts as acceptance of the authority of the State Auditor's Office to
conduct an audit or investigation in connection with the Project. Accordingly, such
records shall be subject at any time to inspection, examination, audit, and copying at any
location where such records may be found, with or without notice from the GLO or other
government entity with necessary legal authority. QPP agrees to cooperate fully with any
state entity in the conduct of inspection, examination, audit, and copying, including
providing all relevant records and information requested. QPP SHALL ENSURE THAT ALL
SUBCONTRACTS AWARDED IN ASSOCIATION WITH THIS CONTRACT REFLECT THE
REQUIREMENTS OF THIS SECTION AND THE REQUIREMENT TO COOPERATE.
6.03 PERIOD OF RETENTION
QPP shall retain all records relevant to this Contract for a minimum of four (4) years. The
period of retention begins at the date of termination of the Contract or "GLO Special
Document No. XXX", whichever is later. The period of retention shall be extended for a
period reasonably necessary to complete an audit and/or to complete any administrative
proceeding or litigation that may ensue.
6.04 PUBLIC INFORMATION
Information related to the performance of this Contract may be subject to the Public
Information Act ("PIA") and will be withheld from public disclosure or released only in
accordance therewith. QPP shall make any information required under the PIA available to
the GLO in portable document file (".pdf') format or any other format agreed between the
Parties. Failure of QPP to mark as "confidential" or a"trade secret"any information that it
believes to be excepted from disclosure waives any and all claims QPP may make against
the GLO for releasing such information without prior notice to QPP.
6.05 CONFIDENTIALITY
To the extent permitted by law, QPP and the GLO agree to keep all information
confidential, in whatever form produced, prepared, observed, or received by QPP or the
GLO to the extent that such information is: (a) confidential by law; (b) marked or
designated"confidential" (or words to that effect) by QPP or the GLO; or (c) information
that QPP or the GLO is otherwise required to keep confidential by this Contract.
Furthermore, QPP will not advertise that it is doing business with the GLO, use this
GLO Contract No. 14-331-000-8557
CEPRA Project No.1605
Page 9 of 13
Contract as a marketing or sales tool, or make any press releases concerning this Contract
without the prior written consent of the GLO.
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GLO Contract No. 14-331-000-8557
CEPRA Project No. 1605
Page 10 of 13
ARTICLE 7- MISCELLANEOUS PROVISIONS
7.01 INSURANCE
Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self-Insurance by
Governmental Units," QPP is self-insured and, therefore, is not required to purchase
insurance.
7.02 LEGAL OBLIGATIONS
QPP shall procure and maintain for the duration of this Contract any state, county, city, or
federal license, authorization, insurance, waiver, permit, qualification or certification
required by statute, ordinance, law, or regulation to be held by QPP to perform the under
the contract. QPP will be responsible for payment of all taxes, assessments, fees,
premiums, permits, and licenses required by law. QPP agrees to be responsible for
payment of any such government obligations not paid by its subcontractors during
performance of this Contract.
7.03 INDEMNITY
AS GOVERNMENTAL ENTITIES AND AS REQUIRED UNDER THE CONSTITUTION AND LAWS
OF THE STATE OF TEXAS, EACH PARTY UNDERSTANDS THAT IT IS LIABLE FOR ANY
PERSONAL INJURIES, PROPERTY DAMAGE, OR DEATH RESULTING FROM ITS ACTS OR
OMISSIONS. IN THE EVENT THAT THE GLO IS NAMED AS A PARTY DEFENDANT IN ANY
LITIGATION ARISING OUT OF ALLEGATIONS OF PERSONAL INJURY, DEATH, OR
PROPERTY DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF QPP, AND FOR
WHICH THE GLO IS LIABLE, IF AT ALL, ONLY THROUGH THE VICARIOUS LIABILITY OF
QPP THEN, IN SUCH EVENT,QPP AGREES THAT IT WILL PAY,ON BEHALF OF THE GLO,
ALL COSTS AND EXPENSES OF LITIGATION, INCLUDING ANY COURT COSTS,REASONABLE
ATTORNEYS' FEES, FEES OF ATTORNEYS APPROVED BY THE OFFICE OF THE TEXAS
ATTORNEY GENERAL, AS WELL AS ALL AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM,
ACTION, OR SUIT, INCLUDING JUDGMENT OR VERDICT, ARISING OUT OF OR IN
CONNECTION WITH THIS CONTRACT. IN THE EVENT THAT QPP IS NAMED AS A PARTY
DEFENDANT IN ANY LITIGATION SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE,
PERSONAL INJURY, OR DEATH RESULTING OUT OF THE GLO's ACTIONS OR OMISSIONS,
AND QPP'S SOLE LIABILITY,IF ANY,IS ONLY VICARIOUSLY THROUGH THE GLO,THEN,
IN SUCH EVENT,THE GLO AGREES TO PAY ANY AND ALL CLAIMS,DEMANDS,OR LOSSES,
INCLUDING EXPENSES OF LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES AND
COURT COSTS INCURRED BY QPP, INCLUDING ANY VERDICTS OR JUDGMENTS OR
AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION
WITH THIS CONTRACT. ANY ATTORNEYS RETAINED BY QPP TO REPRESENT ANY
INTEREST OF THE GLO MUST BE APPROVED BY THE GLO AND BY THE OFFICE OF THE
TEXAS ATTORNEY GENERAL. ANY ATTORNEYS RETAINED BY THE GLO TO REPRESENT
THE INTEREST OF QPP MUST BE APPROVED BY QPP.
7.04 RELATIONSHIP OF THE PARTIES
QPP is associated with the GLO only for the purposes and to the extent specified in this
Contract and with respect to QPP's performance pursuant to this Contract. QPP shall have
the sole right to supervise, manage, operate, control, and direct performance of the details
incident to any duties QPP has under this Contract. Nothing contained in this Contract
shall be deemed or construed to create a partnership or joint venture, to create relationships
GLO Contract No. 14-331-000-8557
CEPRA Project No. 1605
Page 11 of 13
of an employer-employee or principal-agent, or to otherwise create for the GLO any
liability whatsoever with respect to the indebtedness, liabilities, and obligations of QPP or
any other party.
7.05 COMPLIANCE WITH OTHER LAWS
In the performance of this Contract, QPP shall comply with all applicable federal, state,
and local laws, ordinances, and regulations. QPP shall make itself familiar with and at all
times shall observe and comply with all federal, state, and local laws, ordinances, and
regulations that in any manner affect performance under this Contract.
7.06 NOTICES
Any notices required under this Contract shall be deemed delivered when deposited either
in the United States mail, postage paid, certified, return receipt requested; or with a
common carrier, overnight, signature required, to the appropriate address below:
If to the GLO:
Texas General Land Office
1700 Congress Avenue
Austin, TX 78701
Attention: Legal Services Division—Mail Code 158
If to QPP:
City of Corpus Christi
1201 Leopard St.
Corpus Christie, Texas 78401
Attention: Jamie Pyle, Projects Engineer
Notice given in any other manner shall be deemed effective only if and when received by
the Party to be notified. Either Party may change its address for notice by written notice to
the other Party as herein provided.
7.07 GOVERNING LAW AND VENUE
This Contract and the rights and obligations of the Parties hereto shall be governed by,
and construed according to, the laws of the State of Texas, exclusive of conflicts of law
provisions. Venue of any suit brought under this Contract shall be in a court of
competent jurisdiction in Travis County, Texas. QPP irrevocably waives any objection,
including any objection to personal jurisdiction or the laying of venue or based on the
grounds of forum non conveniens, which it may now or hereafter have to the bringing of
any action or proceeding in such jurisdiction in respect of this Contract or any document
related hereto. Nothing in this section shall be construed as a waiver of sovereign
immunity by the GLO or QPP.
7.08 DISPUTE RESOLUTION
If a Contract dispute arises that cannot be resolved to the satisfaction of the Parties, either
Party may notify the other Party in writing of the dispute. If the Parties are unable to
satisfactorily resolve the dispute within fourteen (14) days of the written notification, the
Parties must use the dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve the dispute. This provision shall not apply to any
matter with respect to which either Party may make a decision within its respective sole
discretion.
GLO Contract No.14-331-000-8557
CEPRA Project No. 1605
Page 12 of 13
7.09 ENTIRE CONTRACT AND MODIFICATIONS
This Contract, its integrated attachment(s), and any purchase order issued in conjunction
with this Contract constitute the entire agreement of the Parties and are intended as a
complete and exclusive statement of the promises, representations, negotiations,
discussions, and other agreements that may have been made in connection with the subject
matter hereof. Any additional or conflicting terms in such attachments) and/or purchase
order shall be harmonized with this Contract to the extent possible. Unless such integrated
attachment or purchase order specifically displays a mutual intent to amend a particular
part of this Contract, general conflicts in language shall be construed consistently with the
terms of this Contract.
7.10 PROPER AUTHORITY
Each Party hereto represents and warrants that (1) it has authority to perform under this
contract under authority granted in Chapter 791, Texas Government Code, and (2) the
person executing this Contract on its behalf has full power and authority to enter into this
Contract. QPP acknowledges that this Contract is effective for the period of time specified
in the Contract. Any services performed by QPP before this Contract is effective or after it
ceases to be effective are performed at the sole risk of QPP.
7.11 COUNTERPARTS
This Contract may be executed in any number of counterparts, each of which shall be an
original, and all such counterparts shall together constitute but one and the same Contract.
If the Contract is not executed by QPP within thirty (30) days of receipt, this Contract
may be declared null and void, in the sole discretion of the GLO.
7.12 SEVERABILITY
If any provision contained in this Contract is held to be unenforceable by a court of law or
equity, this Contract shall be construed as if such provision did not exist and the non-
enforceability of such provision shall not be held to render any other provision or
provisions of this Contract unenforceable.
7.13 FORCE MAJEURE
Except with respect to the obligation of payments under this Contract, if either of the
Parties, after a good faith effort, is prevented from complying with any express or implied
covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God;
any valid order, rule, or regulation of governmental authority; or similar events that are
beyond the control of the affected Party (collectively referred to as a "Force Majeure"),
then, while so prevented,the affected Party's obligation to comply with such covenant shall
be suspended, and the affected Party shall not be liable for damages for failure to comply
with such covenant. In any such event, the Party claiming Force Majeure shall promptly
notify the other Party of the Force Majeure event in writing and, if possible, such notice
shall set forth the extent and duration thereof. The Party claiming Force Majeure shall
exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where
it is possible to do so and shall resume performance at the earliest possible date. However,
if non-performance continues for more than thirty (30) days, the GLO may, at its sole
discretion,terminate this Contract immediately upon written notification to QPP.
SIGNATURE PAGE FOLLOWS
GLO Contract No. 14-331-000-8557
CEPRA Project No.1605
Page 13 of 13
SIGNATURE PAGE FOR GLO CONTRACT No. 14-331-000-8557
CEPRA PROJECT No. 1605
GENERAL LAND OFFICE CITY OF CORPUS CHRISTI
/, •/ ► 1 of so
Larry L. aine, Chie Cleric/ Name: I ( • Fo
Deputy Land Commissioner Title: 54. C_ e
Date of execution: (2-)411 y Date of execution: ((17-61 I(f
&EGAL
CSD-PM •I�DS
D—17-/it
Approved as to form:
J_____"
! '
CR-DeputyJ
AGC ` ssistant City Attorney
cc For City Attorney
ATTACHMENTS TO THIS CONTRACT:
ATTACHMENT A: PROJECT WORK PLAN AND BUDGET
ATTACHMENT B: PROJECT LOCATION MAP(S) �1J
ATTACHMENT C: GENERAL A TEST: �—AL'A .�` _�
N RAL AFFIRMATIONS REBECCA HUERTA -
CITY SECRETARY
ATTACHMENTS FOLLOW
H• 2—C/4-60
.Atli it ti.t.
!TCOUNCIL
Attachment A
GLO Contract No.14-331-000-8557
Page 1 of 3
WORK PLAN
MCGEE BEACH NOURISHMENT,CEPRA PROJECT# 1605
DATA COLLECTION,FINAL DESIGN,PERMITTING,AND CONSTRUCTION
OVERSIGHT
1.To address erosion of approximately 1,800 feet of Gulf shoreline at McGee Beach,the
GLO shall:
a. Expend from the CEPRA account an amount not to exceed$5,000 of In-Kind
services to the project budget.
b. Manage the project and identify, document, and confer with the Qualified
Project Partner,the exact location and extent of the Project area.
c. Confirm with the Qualified Project Partner,the preferred alternative(s) for
erosion response at the Project site.
d. Contract with a professional services provider to:
- document existing conditions/applications;
- review and summarize historical data and engineering studies;
- collect data and conduct surveying as required;
- verify that all permit requirements have been met;
- develop construction drawings and final design;
- provide plans, specifications and bid package;
- prepare final construction cost estimate;
- provide bidding assistance and contract award recommendations for a
construction contractor;
- perform construction contract administration services including on-site
observation of the work;
- conduct post-project closeout program;
- determine post-project monitoring
e. Assist the City of Corpus Christi with procuring other contracting services if
necessary or required.
f. Estimate total project costs and cost-sharing requirements.
g. Provide financial point of contact.
2. To address erosion of approximately 1,800 feet of Gulf shoreline at McGee Beach,the
Qualified Project Partner shall:
a. Provide $264,000 of match funding to the GLO.
b. Confer and cooperate with the GLO, the exact location and extent of the
Project area.
c. Enter into an agreement with the GLO to financially support the ongoing
maintenance of the beach.
d. Confer and cooperate with the GLO on the selection of the professional
service provider, scopes of work, preferred alternatives, and construction plan.
e. Procure other related contracting services if necessary or required
Attachment A
GLO Contract No.14-331-000-8557
Page 2 of 3
f. Identify, document, and coordinate with the GLO any in-kind services that
will count toward the cost-sharing requirement under this Agreement:
- labor;
- contractual;
- volunteers;
- equipment; and
- supplies.
g. Document local support(local associations, foundations, and others).
h. Confer and cooperate with the GLO to establish a process for obtaining land
owner consent, if needed.
i. Provide financial point of contact.
Attachment A
Contract No.14-331-000-8557
Page 3 of 3
BUDGET
MCGEE BEACH NOURISHMENT, CEPRA PROJECT #1605
PROJECT COSTS
CONTRACTUAL AMOUNT
Task 1.Data Collection,Permitting,Engineering,Construction Oversight $269,000.00
Subtotal $269,000.00
TOTAL PROJECT COST NOT TO EXCEED $269,000.00
COST SHARING SUMMARY
QUALIFIED PROJECT PARTNER(QPP):
City of Corpus Christi-CASH $264,000.00
QPP's TOTAL CASH CONTRIBUTION $264,000.00
CEPRA:
CEPRA-IN-KIND $5,000.00
CEPRA's TOTAL IN-KIND CONTRIBUTION $5,000.00
TOTAL PROJECT CASH CONTRIBUTIONS $264,000.00
TOTAL PROJECT CONTRIBUTIONS $269,000.00
•Please specify when using historically underutilized business as required by state law.
Attachment B '
Contract No.14-331-000-8557
Page 1 of 2
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Attachment C
Page 1 of 2
GENERAL AFFIRMATIONS
Provider agrees without exception to the following affirmations:
1. The Provider has not given, offered to give, nor intends to give at anytime
hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with this
Contract.
2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the
Provider has not received compensation from the GLO for preparing any part of
this Contract.
3. Under Section 231.006, Family Code, the vendor or applicant certifies that the
individual or business entity named in this contract, bid, or application is not
ineligible to receive the specified grant, loan, or payment and acknowledges that
this contract may be terminated and payment may be withheld if this certification
is inaccurate. Any Provider subject to this section must include names and Social
Security numbers of each person with at least twenty-five percent (25%)
ownership in the business entity named in this Contract. This information must
be provided prior to execution of any offer.
4. Provider certifies that the individual or business entity named in this Contract: i)
has not been subjected to suspension, debarment, or similar ineligibility to receive
the specified contract as determined by any federal, state, or local governmental
entity; ii) is in compliance with the State of Texas statutes and rules relating to
procurement; and iii) is not listed on the federal government's terrorism watch list
as described in executive order 13224. Entities ineligible for federal procurement
are listed at http://www.epls.gov. Provider acknowledges that this contract may
be terminated and payment withheld if this certification is inaccurate.
5. Provider agrees that any payments due under this Contract will be applied towards
any debt, including, but not limited to, delinquent taxes and child support that is
owed to the State of Texas.
6. Provider certifies that they are in compliance with Texas Government Code, Title
6, Subtitle B, Section 669.003, relating to contracting with the executive head of a
state agency. If this section applies, Provider will complete the following
information in order for the bid to be evaluated:
Name of Former Executive:
Name of State Agency:
Date of Separation from State Agency:
Position with Provider:
Date of Employment with Provider:
7. Provider agrees to comply with Texas Government Code, Title 10, Subtitle D,
Section 2155.4441, relating to the purchase of products produced in the State of
Texas under service contracts.
Attachment C
Page 2 of 2
8. Provider understands that acceptance of funds under this Contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency,
to conduct an audit or investigation in connection with those funds. Provider
further agrees to cooperate fully with the State Auditor's Office, or its successor,
in conducting the audit or investigation, including providing all records requested.
Provider will ensure that this clause is included in any subcontract it awards.
9. Provider certifies that if it employs any former employee of the GLO, such
employee will perform no work in connection with this Contract during the
twelve (12) month period immediately following the employee's last date of
employment at the GLO.
10. The Provider shall not discriminate against any employee or applicant for
employment because of race, disability, color, religion, sex, age, or national
origin. The Provider shall take affirmative action to ensure that applicants are
employed and that employees are treated without regard to their race, color, sex,
religion, age, disability, or national origin. Such action shall include, but is not be
limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Provider agrees to post notices, which set forth the provisions of this non-
discrimination article, in conspicuous places available to employees or applicants
for employment. The Provider shall include the above provisions in all
subcontracts pertaining to the work.
11. Provider understands that the GLO does not tolerate any type of fraud. The
agency's policy is to promote consistent, legal, and ethical organizational
behavior by assigning responsibilities and providing guidelines to enforce
controls. Any violations of law, agency policies, or standards of ethical conduct
will be investigated, and appropriate actions will be taken. Providers are expected
to report any possible fraudulent or dishonest acts, waste, or abuse affecting any
transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or
tracey.hall@glo.state.tx.us
NOTE: Information, documentation, and other material in connection with this
Contract may be subject to public disclosure pursuant to the "Public
Information Act," Chapter 552 of the Texas Government Code.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Texas General Land Office
Legal Services Division—MC 158
PO BOX 12873/Austin,TX 78711-2873
512.475.4308—Scottie.aplin@glo.texas.gov
TRANSMITTAL OF DOCUMENTS—DECEMBER 2,2014
Hope Herrera
City of Corpus Christi
Parks and Recreation Dept
1201 Leopard St, 3rd Floor
Corpus Christi, TX 78401
RE: GLO CONTRACT No. 14-331-000-8557,CEPRA No. 1605
Dear Ms. Herrera:
Enclosed concerning the GLO document referenced above are two fully-executed
documents for your files.
Please do not hesitate to contact me if you have any questions. I can be reached at (512)
475-4308 or by email at scottie.aplin@glo.texas.gov.
Best regards,
Scottie C. Aplin
t ' Staff Attorney
GLO Legal Services Division
enclosures
TEXAS GENERAL LAND OFFICE
LEGAL SERVICES DIVISION—MC 158
`t , 1 ► ict 1700 N.CONGRESS AVENUE 78701/PO BOX 12873/AUSTIN,TX 78711-2873