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Agenda Packet City Council - 10/27/2020
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, October 27, 2020 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Mayor Joe McComb. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F.GIFT PRESENTATION FOR OUTGOING CITY COUNCIL MEMBER RUDY D. GARZA, JR. Page 1 City of Corpus Christi Printed on 10/26/2020 October 27, 2020City Council Meeting Agenda - Final-revised G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS H.MINUTES: 1.20-1294 Regular Meeting of October 20, 2020 I.BOARD & COMMITTEE APPOINTMENTS: (NONE) J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 2 - 11) Consent - Second Reading Ordinances 2.20-1215 Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $157,601.00 for the FY 2020 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $157,601.00 in the Police Grants Fund with $78,800.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $78,801.00 to be used by the City. (Requires 2/3 vote) Sponsors:Police Department 3.20-0865 Ordinance accepting and appropriating Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration in the amount of $8,846,317.00 for the Corpus Christi International Airport, Terminal Apron Phase IV and East General Aviation Apron Phase V projects and awarding a construction contract in the amount of $11,201,609.96 to Head, Inc. of Columbus, Ohio, with funding available in the Airport Capital Improvement Fund. (Requires 2/3 vote) Sponsors:Engineering Services, Aviation Department and Contracts and Procurement 4.20-1214 Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan, by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286); and providing for publication. Sponsors:Planning & Environmental Services Consent - Contracts and Procurement 5.20-0890 Resolution authorizing a three-year service agreement with Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing in an amount of $104,770.00 for vehicle wash services for Asset Management Fleet Page 2 City of Corpus Christi Printed on 10/26/2020 October 27, 2020City Council Meeting Agenda - Final-revised Department, with FY 2021 funding available through the Fleet Maintenance Services Fund in the amount of $32,013.06. (Requires 2/3 vote) Sponsors:Asset Management Department and Contracts and Procurement General Consent Items 6.20-1231 Resolution approving the FY 2021 and FY 2022 Infrastructure Management Plan as proposed by the Public Works Department that includes a list of neighborhood, arterial, and collector streets for street maintenance work to be completed as the City’s Street Maintenance Program. Sponsors:Public Works/Street Department 7.20-1233 Resolution amending City Council Policy 28 that outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement or asphalt pavement. Sponsors:Public Works/Street Department 8.20-1171 Resolution authorizing extensions for a period not to exceed 12 months, of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement not to exceed $109,354.20 for installation of a water arterial transmission and grid main line, and extension of a Developer Participation Agreement not to exceed $207,386.85 for partial construction of Oso Parkway with MPM Development, LP for a planned residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. (District 5) (Requires 2/3 vote) Sponsors:Development Services 9.20-1284 Resolution approving Amendment No. 2 to extend the term of this agreement to September 30, 2021 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program. (Requires 2/3 vote) Sponsors:Grant Monitoring 10.20-1301 Resolution authorizing the submittal of a grant application totaling up to $901,952 to the Office of the Governor for funding from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program with a matching contribution from the city of $250,000 for project management and grant administration services. (Requires 2/3 vote) Sponsors:Communications & Intergovernmental Affairs 11.20-1296 Resolution authorizing a total of up to $3,838.50 from the City’s Coronavirus Relief Fund allocation through the CARES Act to Corpus Christi Montessori School to provide funds for up to 25% of the cost to purchase the computer equipment necessary to facilitate compliance with COVID-19 related public health measures and tele-learning. (Requires 2/3 Page 3 City of Corpus Christi Printed on 10/26/2020 October 27, 2020City Council Meeting Agenda - Final-revised vote) Sponsors:Finance & Business Analysis L.TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE ITEMS: (ITEMS 12 - 14) 12.20-1318 One-reading Ordinance Approving the Tax Increment Reinvestment Zone Number 5 Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Five, City of Corpus Christi, Texas. Sponsors:Finance & Business Analysis 13.20-1311 Resolution authorizing execution of an Interlocal Cooperation Agreement with Del Mar College, for participation in the Tax Increment Reinvestment Zone Number Five at 75% of Del Mar’s increment for 20 years, up to $4,000,000. Sponsors:Finance & Business Analysis 14.20-1325 Motion to approve a Development Reimbursement Agreement with South Padre Investment, Inc. for reimbursement of infrastructure costs related to the development of the Bohemian Colony, located in Tax Increment Reinvestment Zone Number 5, up to $17,000,000 or a maximum of 20 years, whichever is less. Sponsors:Finance & Business Analysis M.RECESS FOR LUNCH N.PUBLIC HEARINGS: (ITEM 15) 15.20-1227 Ordinance authorizing a Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd to construct wastewater lift station for a planned commercial development located on Westpoint Road and Highway 358 with a completion date within 24 months; transferring $520,000 from the Water Arterial Transmission and Grid Main Trust Fund, and $40,000 from the Water Distribution Main Trust Fund to the Wastewater Trunk System Trust Fund; and appropriate $712,412.82 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. (District 3) (Requires 2/3 vote) Sponsors:Development Services O.REGULAR AGENDA: (NONE) P.FIRST READING ORDINANCES: (ITEMS 16 - 17) 16.20-1077 Ordinance authorizing the City of Corpus Christi to exercise an Option to Purchase the Frost Bank building and adjacent lots located at 2402 Leopard Street from Frost National Bank based on a 20 year lease purchase agreement entered into on May 30, 2000 in an amount of $0.00 and authorizing the execution of the Option to Exercise Fee payment in an Page 4 City of Corpus Christi Printed on 10/26/2020 October 27, 2020City Council Meeting Agenda - Final-revised amount of $1,000.00 with FY 2021 funding available from the Development Services Fund and Fire Administration General Fund. (Requires 2/3 vote) Sponsors:Engineering Services, Development Services and Fire Department 17.20-1287 Ordinance amending the City's Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155.00 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions Grant (ESG-CV) funding in FY2019-2020; authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. (Requires 2/3 vote) Sponsors:Grant Monitoring Q.RECESS FOR CORPORATION MEETING: (ITEM 18) 18.20-1283 Special Board Meeting of the Corpus Christi Housing Finance Corporation regarding an Investment Services Agreement. Sponsors:Human Resources R RECONVENE COUNCIL MEETING S.BRIEFINGS: (NONE) T.CORPUS CHRISTI CONSTRUCTION TRADE ADVISORY AND APPEAL BOARD APPEAL (ITEM 19) The Appeal will proceed using the following format: 19.20-1232 City Council consideration of an appeal of Vargo Plumbing & Utilities Plumbing Contractor’s six-month suspension of City plumbing contractor’s registration upheld by the Corpus Christi Construction Trade Advisory and Appeal Board on September 17, 2020. Sponsors:Development Services U.EXECUTIVE SESSION: (ITEM 20) 20.20-1293 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 and litigation in the case of Ambriz, Stephen v. City of Corpus Christi, Brandon Cordell, and Andres Lopez and other lawsuits and potential lawsuits, including potential authorization of settlement of the aforementioned case and/or authorization of fees for attorneys, experts, and other fees related to defense of said case. Page 5 City of Corpus Christi Printed on 10/26/2020 October 27, 2020City Council Meeting Agenda - Final-revised V.IDENTIFY COUNCIL FUTURE AGENDA ITEMS W.ADJOURNMENT Page 6 City of Corpus Christi Printed on 10/26/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, October 20, 2020 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:34 a.m. Invocation to be given by Mayor Joe McComb.B. Mayor McComb gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. 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 K. Risley and City Secretary Rebecca L. Huerta. Note: Council Member Roland Barrera participated by video conference. Council Member Michael Hunter participated telephonically. Mayor Joe McComb,Council Member Roland Barrera,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:8 - Page 1City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. E. Mayor McComb referred to comments from the public. The following citizens called in regarding Hurricane Harvey EOC Generator: James Clancy, 802 N. Carancahua St.; Tony Coonrod, 323 Inverness, Portland, TX; Arnold Barrera, 6501 Dominican Dr.; Danny Cook, 213 N. Rachal Ave., Sinton, TX; and Hugo Berlanga, 28 Hewitt Dr. The following citizens called in regarding Item 5: Norma Rivera, 7526 Exeter Ct.; Valerie Cavazos, 3622 Apollo Rd.; Gloria Rivera, 344 Clifford St.; Dave Resendez, 6318 Harwick St.; and Michael Staff, 6318 Harwick St. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) Parks and Recreation Master Plan development. 2) Morgan Avenue road reconstruction update. 3) Buc Days Event fundraiser. 4) Update on flu vaccines for City employees. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. Director of Public Health District Annette Rodriguez presented an update on COVID-19: Texas cases versus Nueces County cases; Nueces County COVID-19 cases by month; Health District COVID-19 daily cases; deaths by months; Page 2City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes schools reporting COVID-19 cases in Texas public schools; schools reporting COVID-19 cases; public health strategies 101; quarantine guidance; COVID-19 and flu season; Nueces County surveillance of flu illnesses annual comparison of weekly cases; flu versus COVID-19 cases; COVID-19 vaccine providers needed; the CDC interim phased approach to vaccination; and Halloween activities 2020-evaluate your risk. MINUTES:G. 1.Regular Meeting of October 13, 2020 A motion was made by Council Member Barrera, seconded by Council Member Roy that the Minutes be approved. The motion carried by a unanimous vote. BOARD & COMMITTEE APPOINTMENTS: (NONE)H. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 2 - 11)J. Consent - Second Reading Ordinances Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 5, 7, 9 and 10 be pulled for individual consideration. Mayor McComb said City Manager Zanoni requested that Item 11 be considered after the executive session item 15. There were no comments from the Council. A motion was made by Council Member Hernandez, seconded by Council Member Roy to approve the Consent Agenda with the exception of Items 5, 7, 9, 10 and 11. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:0 2.Zoning Case No. 0820-02, JAR Development (District 5). Ordinance rezoning property at or near 7872 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) (Requires 2/3 vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032240 3.Ordinance authorizing Wastewater Collection Line Construction Page 3City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes Reimbursement Agreement with Grangefield Development, LLC for a planned residential subdivision named Grange Park Unit 3 with completion within 18 months; transferring $140,000 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Collection Line Trust Fund; and appropriating $160,164.94 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. (District 5) (Requires 2/3 vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032241 4.Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY 2021 Click It or Ticket Program for the Police Department in an amount of $15,000.00 with a City cash match of $4,266.85 for overtime and fringe benefits with funding available from the General Fund; and appropriating $15,000.00 in the Police Grants Fund. (Requires 2/3 vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032242 5.Ordinance authorizing a three-year service agreement for wrecker services for City-owned heavy vehicles and equipment with, DRR & RS Inc., dba Apollo Towing Service, which is determined to be the lowest responsible bidder, for an amount not to exceed $165,000.00, to be used for towing services, effective upon issuance of notice to proceed, with funding available in the FY 2021 Fleet Maintenance Fund. (Requires 2/3 vote) Mayor McComb referred to Item 5. Council Members, City Manager Peter Zanoni, Director of Contracts and Procurement Kim Baker, and Director of General Services Jim Davis discussed the following topics: the bidders were not allowed to be present at the bid opening due to COVID-19; the low bidder was deemed non-responsible because they did not have the equipment that was required; a Council Member's concern of smaller businesses not being able to bid because the contract amount is high; smaller businesses have smaller equipment, therefore this agreement is not compatible for them; and this agreement only services City-owned vehicles and heavy equipment. Council Member Roy made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Page 4City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes Abstained:0 Enactment No: 032243 6.Ordinance amending the Wastewater Collection System Master Plan for the Greenwood Wastewater Treatment Plant, Service Area 5, to phase construction of an 8" force main from a proposed West Point Lift Station; and amending the Comprehensive Plan. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032244 7.Ordinance authorizing the issuance of Utility System Junior Lien Revenue Improvement Bonds, New Series 2020C in an amount not to exceed $11,425,000; providing for payment and security, by a junior and inferior lien on and pledge of the net revenues of the City’s utility system; stipulating terms and conditions for additional revenue bonds; and complying with Texas Water Development Board regulations; for a potential future seawater desalination plant . (Requires 2/3 vote) Mayor McComb referred to Item 7. A Council Member requested the item be pulled for individual consideration so a roll call vote could be taken. Council Member Smith made a motion to approve the ordinance, seconded by Mayor McComb. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 6 - Nay:Council Member Guajardo1 - Abstained:Council Member Hernandez1 - Enactment No: 032245 Consent - Contracts and Procurement 8.Motion authorizing a five-year service agreement with Linebarger, Goggan, Blair, & Sampson, LLP for delinquent fine collection services for Municipal Court Class C misdemeanors like traffic violations, disorderly conduct, and public intoxication, in the amount of a 30% collection fee added to the fine with no funding required in the FY 2021 budget. (Requires 2/3 vote) This Motion was passed on the consent agenda. Enactment No: M2020-214 Page 5City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes Consent - Capital Projects 9.Motion awarding a professional services contract to LNV, Inc., of Corpus Christi, Texas to prepare an Engineering Letter Report that includes an evaluation of the condition of the force main, a preliminary design, and provides repair options, recommendations, and cost estimates for the Williams Lift Station’s Force Main in an amount not to exceed $183,290.00, located in City Council Districts 4 and 5, with funding available from the FY 2021 Wastewater Capital Improvement Program Fund. (Requires 2/3 vote) Mayor McComb referred to Item 9. A Council Member and Director of Water Utilities Kevin Norton discussed the following topic: a Council Member's concern about the type of materials being used on the Williams Lift Station. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:0 Enactment No: M2020-215 General Consent Items 10.Resolution authorizing five grant application submissions to the Texas General Land Office for Community Development Block Grant-MIT program for 2015 Floods State Mitigation Competition and Hurricane Harvey State Mitigation Competition funds. (Requires 2/3 vote) Mayor McComb referred to Item 10. Council Members and Assistant Director of Development Services Nina Nixon-Mendez discussed the following topics: North Beach is not included in this grant application; Nueces County has opted to postpone their joint application with the City for North Beach improvements until the second round of funding; the City can apply up to $100 million for these applications; the City's chance for receiving these grants is favorable; and the timeline for granting these awards is in the Spring. Council Member Hernandez made a motion to approve the resolution, seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Page 6City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:0 Enactment No: 032246 11.Motion approving a five-year Business Incentive Agreement between the Corpus Christi B Corporation and Next Sports Company (“NSC”) in the amount of $1,850,000 for improvements associated with a sports complex on Old Brownsville Road consisting of eight multi-purpose fields to be used for soccer, lacrosse, field hockey, flag football, and cheerleading for both children and adults; creating and retaining jobs; and requiring NSC within 90 days of executing the agreement to demonstrate that funding has been secured for the project; effective upon signature of the City Manager or designee. (Requires 2/3 vote) Mayor McComb referred to Item 11. Chief Operating Officer of the Corpus Christi Regional Economic Development Corporation Mike Culbertson presented information on the following topics: the Type B Grant is for a sports complex in the amount of $1.8 million for the creation of 47 full-time jobs located in District 3 on Old Brownsville Road near SPID; and the proposed agreement. Council Members, COO Culbertson and Next Sports Company Owner Dr. Kingsley Okonkwo discussed the following topics: the economic impact to the community will be $17.2 million in property taxes; sales taxes will be generated on the complex from shops, restaurants and hotels; this project is different from the previous sports complex in that the owner has been in charge of a successful football club for the past three years; if there is no proof of funding within the first 90 days then the agreement will be terminated; the City of Portland's baseball complex is very successful and was funded by a bond program; and the importance of youth sports and activities for quality of life. Council Member Barrera made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:0 Enactment No: M2020-216 RECESS FOR LUNCHK. The recess for lunch was held during Executive Session Item 15. Page 7City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes PUBLIC HEARINGS: (ITEM 12)L. 12.Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan, by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286); and providing for publication. Mayor McComb referred to Item 12. Director of Planning Director of Planning & ESI Daniel McGinn presented information on the following topics: the purpose of this item is for the removal of the UTP roadway segment to allow IDEA Public Schools greater flexibility to develop their tract; Urban Transportation Plan-Civitan Drive; background: Civitan Drive project; staff and planning's recommendation. A Council Member and Director McGinn discussed the following topics: the existing road is a City street; the existing road would not be classified as a collector street; a two-lane road is sufficient; and the easement will not be eliminated for this road. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:0 REGULAR AGENDA: (NONE)M. FIRST READING ORDINANCES: (ITEMS 13 - 14)N. 13.Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $157,601.00 for the FY 2020 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $157,601.00 in the Police Grants Fund with $78,800.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $78,801.00 to be used by the City. (Requires 2/3 vote) Mayor McComb referred to Item 13. Police Chief Mike Markle presented information on the following topics: the Justice Assistance Grant is split with Nueces County; and this grant funds the Page 8City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes taser program and other technical equipment. A Council Member and Chief Markle discussed the following topic: the police department receives about $2 million a year in grants. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:0 14.Ordinance accepting and appropriating Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration in the amount of $8,846,317.00 for the Corpus Christi International Airport, Terminal Apron Phase IV and East General Aviation Apron Phase V projects and awarding a construction contract in the amount of $11,201,609.96 to Head, Inc. of Columbus, Ohio, with funding available in the Airport Capital Improvement Fund. (Requires 2/3 vote) Mayor McComb referred to Item 14. Director of Aviation Fred Segundo presented information on the following topics: the FAA has provided 100% funding for this project. A Council Member and Director Segundo discussed the following topic: there were two bidders for this project. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:0 BRIEFINGS: (NONE)O. EXECUTIVE SESSION: (ITEMS 15 - 16)P. Mayor McComb referred to Executive Session Item 15. The Council went into Executive Session at 1:22 p.m. The Council returned from Executive Session at 2:12 p.m. Mayor McComb referred to Executive Session Item 16. The Council went into Executive Session at 2:30 p.m. The Council returned from Executive Session at 2:42 p.m. 15.Executive Session pursuant to Texas Government Code § 551.071 Page 9City of Corpus Christi Printed on 10/23/2020 October 20, 2020City Council Meeting Minutes and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to a potential Business Incentive Agreement between the Corpus Christi B Corporation and Next Sports Company LLC and/or related entities for a sports complex on Old Brownsville Road consisting of eight multi-purpose fields to be used for soccer, lacrosse, field hockey, flag football, and cheerleading for both children and adults; and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s) This E-Session Item was discussed in executive session. Related action was taken in open session on Item 11 immediately following the executive session. 16.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City Auditor and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, or duties of a public officer or employee (including, but not limited to, the City Auditor). This E-Session Item was discussed in executive session. IDENTIFY COUNCIL FUTURE AGENDA ITEMSQ. Mayor McComb referred to Identify Future Agenda Items. The following Item was discussed: the Mayor requested that the City Manager address the misinformation made in a recent Texas Campaign for the Environment Fund mail out regarding desalination. ADJOURNMENTR. This meeting was adjourned at 2:45 p.m. Page 10City of Corpus Christi Printed on 10/23/2020 DATE: September 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $157,601.00 for the FY 2020 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $157,601.00 in the Police Grants Fund with $78,800.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $78,801.00 to be used by the City. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds for the FY 2020 Edward Byrne Memorial Justice Assistance Grant program for the purchase of equipment to enhance law enforcement efforts. The funds will be used to purchase equipment such as tasers, video equipment for interview rooms, and consoles for the Department Operations Center. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG), Corpus Christi has been declared a disparate jurisdiction and has agreed to split the funds 50/50 with Nueces County. The JAG funds are based on Part 1 violent crimes reported by the City and County. The City reports a greater amount of Part 1 crimes than the County, yet the County is responsible for providing criminal justice services such as incarceration and prosecution for the City. This 50/50 agreement has been in place since 2008. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding must be completed, signed, and faxed to Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County have agreed that Accepting and Appropriating the FY2020 Edward Byrne Justice Assistance Grant Award for the Police Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2020 Second Reading Ordinance for the City Council Meeting of October 27, 2020 the City will serve as the lead agency. The Nueces County Commissioners Court approved the interlocal agreement on July 29, 2020. City Council approved the agreement on August 11, 2020. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. With this award, the program has provided a total of $5,685,938 in grant funds to the City since the program began in 1996. The funds have been used to purchase vehicles and other law enforcement equipment. The 2019 JAG grant amount was $80,917.00 with funding used to purchase tasers, undercover pole cameras, traffic monitoring software, and body cameras. The FY 2020 awarded funds will be used to purchase tasers, video equipment, and enhancements to the Department Operations Center which serves as the Emergency Operations Center for the Police Department. ALTERNATIVES: None FISCAL IMPACT: The fiscal impact in FY21 is the acceptance of grant funds in an amount of $157,601.00 and appropriating $157,601.00 to the Police Grants Fund. There is no required match funding. Due to an interlocal agreement $78,800.00 will be distributed to Nueces County and the remaining $78,801.00 to be used by the City for the purchase of equipment. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: Project: Account: 520090 Minor Tools 530000 Professional Services RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award Interlocal agreement with Nueces County Ordinance authorizing acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $157,601.00 for FY2020 Edward Byrne Memorial Justice Assistance Grant program; and appropriating $157,601 in Police Grants Fund with $78,800 to be distributed to Nueces County based on an interlocal agreement and the remaining $78,801.00 to be used by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager of designee is authorized to execute all documents necessary to accept a grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in the amount of $157,601.00 for FY 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program . SECTION 2. $157,601.00 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, $78,800 of the funds are to be distributed to Nueces County and the remaining $78,801.00 to be used by the City. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Department of Justice (DOJ) Office of Justice Programs Washington, D.C. 20531Office of the Assistant Attorney General September 18, 2020 Mr. Peter Zanoni City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 Dear Mr. Zanoni: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Corpus Christi for an award under the OJP funding opportunity entitled "JAG Local: Eligible Allocation Amounts $25,000 or More." The approved award amount is $157,601. These funds are for the project entitled 2020 JAG Grant. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City of Corpus Christi accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Wendy Y. Rose, Program Manager at (202) 514-7842; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.ocfo@usdoj.gov. We look forward to working with you. Sincerely, Encl. Katharine T. Sullivan Principal Deputy Assistant Attorney General Director Michael L. Alston Department of Justice (DOJ) Office of Justice Programs September 18, 2020 Mr. Peter Zanoni City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Dear Mr. Zanoni: Sincerely, cc:Grant Manager Financial Analyst Washington, DC 20531 Office of Civil Rights Grant PAGE 1 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 157,601 11. TOTAL AWARD $ 157,601 2a. GRANTEE IRS/VENDOR NO. 746000576 2b. GRANTEE DUNS NO. 069457786 3. PROJECT TITLE 2020 JAG Grant 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Katharine T. Sullivan Principal Deputy Assistant Attorney General AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT DJBX 80 00 00 157601 VDJUGT3070 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Peter Zanoni City Manager 4. AWARD NUMBER:2020-DJ-BX-0642 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 09/18/2020 TO TO 10/01/2019 10/01/2019 09/30/2023 09/30/2023 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 32 AWARD CONTINUATION SHEET Grant PAGE 2 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 1. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 3 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 2. 3. 4. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 4 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 5 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 6 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 9. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 7 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 10. 11. 12. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 8 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 13. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 9 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 14. 15. 16. 17. 18. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 10 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 19. 20. 21. 22. 23. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 11 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 24. 25. 26. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 12 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 13 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 28. 29. 30. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 14 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "information-communication restriction." B. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in par. 1.A of this condition) that would be reimbursed wholly or partly with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in par. 1.A of this condition, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: information-communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in par. 1.A of this condition, may be subject to any information- communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient described in par. 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information- communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... information- communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "Noninterference ... information-communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... information- communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. 31. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 15 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: information-communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in paragraph 1.A of this condition) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in paragraph 1.A of this condition, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in paragraph 1.A of this condition, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information-communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere … information-communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "No use of funds to interfere ... information-communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere ... information-communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. 32. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 16 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information- communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) “DHS” means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 33. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 17 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) “DHS” means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 34. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 18 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law-enforcement-sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. 35. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 19 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law-enforcement-sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. 36. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 20 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government- contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. 37. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 21 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: Notice of scheduled release SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. 38. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 22 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" funded (wholly or partly) by this award, as of the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations--including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain” in the U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside” the U.S.--within the funded program or activity, no State or local government entity, -agency, or - official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.” (2) The term “juvenile offender” means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of- (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under 34 USC 10251(a)(7)) as of January 1, 2020. (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that- (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. 39. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 23 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d-4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 24 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government- contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.” (2) The term “juvenile offender” means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of— (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 USC 10251(a)(7)). (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) is designed to prevent or to significantly delay or complicate, or 40. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 25 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d-4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 41. 42. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 26 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 43. 44. 45. 46. 47. 48. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 27 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 49. 50. 51. 52. 53. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 28 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 54. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 29 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 55. 56. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 30 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 57. 58. 59. 60. 61. 62. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 31 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA] Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. 63. 64. 65. 66. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 32 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Withholding of funds: Disclosure of pending applications The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued to remove this condition. Withholding of funds: NIBRS set-aside in Disparate jurisdictions The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, documentation of compliance with the required NIBRS 3 percent set-aside by the recipient and each disparate subrecipient, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. For each jurisdiction, including the recipient and disparate subrecipients, such documentation may be either (1) a budget that clearly documents that the jurisdiction has dedicated at least 3 percent of the total amount of their allocation to NIBRS compliance activities, or (2) documentation showing that the jurisdiction has been certified as NIBRS compliant. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 67. 68. 69. OJP FORM 4000/2 (REV. 4-88) 32 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Official Grant File GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2020-DJ-BX-0642 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) Pat Eldridge Police Management Services Director P. O.Box 9277 Corpus Christi, TX 78469-9016 (361) 886-2696 PAGE 11OF The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information Wendy Y. Rose (202) 514-7842 OJP FORM 4000/2 (REV. 4-88) 2020 JAG Grant City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 TO:10/01/2019 09/30/2023FROM:TO:10/01/2019 09/30/2023FROM: 09/18/2020 $ 157,601 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM JAG Local: Eligible Allocation Amounts $25,000 or More Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 20, 2020 Action Item for the City Council Meeting of October 27, 2020 DATE: September 22, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Ordinance accepting and appropriating Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration in an amount of $8,846,317.00 for the Corpus Christi International Airport, Terminal Apron Phase IV and East General Aviation Apron Phase V projects redevelopment and awarding a construction contract in an amount of $11,201,609.96 to Head, Inc. of Columbus, Ohio, with funding available from the Airport Capital Improvement Program Grants Fund. SUMMARY: This ordinance authorizes acceptance of Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration (FAA) and awards a construction contract with Head Inc., to provide construction services for the Corpus Christi International Airport (CCIA) Terminal Apron Phase IV, East General Aviation (GA) Apron Phase V, Gate 9G Driveway reconstruction, West GA Apron and West Perimeter Road rehabilitation with concrete pavement. These services are necessary to rehabilitate the aprons located at the CCIA. The Grant will not require a ten percent City match due to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act 2020). Additional funds required to complete the project are available from Airport Grant # 57 and 58 which are previous phases of the terminal apron rehabilitation project. This contract represents the fifth and final year of a five-year program to rehabilitate the CCIA Aprons. Grant Acceptance and Construction Contract Award Corpus Christi International Airport Rehabilitate Terminal Apron Phase IV and East General Aviation Apron Phase V BACKGROUND AND FINDINGS: CCIA is owned, operated, and maintained by the City of Corpus Christi. CCIA serves more than 360,000 passengers annually and over 100,000 aircraft operations each year. The Terminal Apron, East and West General Aviation Aprons are areas of the airport where aircrafts are parked, cargo is loaded and unloaded, aircrafts are refueled, and passengers boarded. The Terminal Apron services commercial passenger airlines that access the main terminal and the East and West GA Aprons is essential for maintaining service to general aviation aircraft and supports private terminals and hangars on the east and west side of the airport. The total pavement area of the two aprons is approximately 161,000 square yards (SY) with approximately 102,000 SY for the Terminal Apron, 59,000 SY for the East GA Apron and 350 SY for the West GA Apron. The existing pavement is over 20 years old and has a combination of Portland Cement Concrete (PCC) and Hot-Mix-Asphalt-Concrete (HMAC). It is experiencing severe distress with cracking, rutting and concrete spalling. This deterioration creates a high potential for generating "foreign object debris" (FOD). FOD can cause damage to the aircraft when FOD enters engines or gets propelled at high velocities by aircraft engine exhaust or propeller speed. The pavement cracking allows water penetration into the base and subgrade, accelerating structural degradation of pavement. The existing pavement was not originally designed for the current heavier aircraft and equipment loads. On September 3, 2020 CCIA received Airport Grant # 60 in an amount of $8,846,317 from the United States Department of Transportation-FAA. The Grant is to rehabilitate CCIA Terminal Apron Phase IV, East GA Apron Phase V, Gate 9G Driveway reconstruction, West Perimeter Road Rehabilitation with asphalt pavement, West GA Apron and West Perimeter Road rehabilitation with concrete pavement. The Grant does not require ten percent City participation which is usually required by FAA grant. The ten percent match for the project is provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Design and construction are being completed in a phased approach with the majority of required funding provided through the FAA grant program. This contract represents the fifth and final year of a five-year program to rehabilitate CCIA Aprons and future phases are contingent on FAA Funding. The rehabilitation work must be completed within four years from the acceptance of the grant. PROJECT TIMELINE: 2020 2021 J J A S O N D J F M A M J J A S BID/AWARD CONSTRUCTION Projected Schedule reflects City Council award in October 2020 with anticipated completion in September 2021. COMPETITIVE SOLICITATION PROCESS: On June 24, 2020, the City received two bids however, only one was a responsive and responsible bidder, as summarized below: BID SUMMARY Head Inc. Burnside Services, Inc. Base Bid $9,685,962.91 Additive Alternate #1 $1,335,950.50 Additive Alternate #2 $179,696.55 Additive Alternate #3 (not accepted) -$404,492.00 Total $11,201,609.96 Non-Responsive *Engineer’s Estimate $10,886,000.00 *Engineer’s estimate includes Base Bid plus all additive alternates. BID EVALUATIONS: The City analyzed the bids in accordance with the contract documents and determined that Head Inc., of Columbus, Ohio, was the lowest responsive and responsible bidder. Head Inc., of Columbus, Ohio has been in business since 1927 and specializes in airfield concrete paving for municipality projects. Head Inc. has previously completed CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV project. ALTERNATIVES: The alternative is not to award the construction contract to the lowest bidder, Head Inc. of Columbus, Ohio. This alternative would delay the project and impede on Council’s goals to complete it in a timely manner and within budget. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $11,201,609.96 with funding available through acceptance and appropriation of Airport Grant #60 to the capital fund, with the remaining funding in an amount of $2,355,292.96 available from the fund balance of the Airport Capital Improvement Program Grants Fund from savings from Airport Grant #57 and #58. FUNDING DETAIL: Fund: Airport Capital Improvement Program Grants Fund (Fund 3020) Mission Element: Airport Development (ME #274) Projects: CCIA Rehabilitate Terminal Apron Phase IV (Project #20260A as seen in the FY2021 Capital Book under project # E15223) CCIA Rehabilitate East GA Apron Phase V (Project #20261A as seen in the FY2021 Capital Book under project # E12156) Account: Construction (550910) Amount: #20260-A: $ 3,604,531.56 #20261-A: $ 7,597,078.40 RECOMMENDATION: Staff recommends awarding the construction contract for the CCIA Rehabilitate Terminal Apron Phase IV and East General Aviation Apron Phase V projects, in the amount of $11,201,609.96 for the total base bid and additive alternates 1 and 2 with Head, Inc. of Columbus Ohio, based on the acceptance and appropriation of the grant. The construction duration is planned for 11 months from issuance of the Notice to Proceed to begin construction in October 2020 with completion in September 2021. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tab Construction Contract Location Maps Grant Acceptance Ordinance accepting and appropriating Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration in the amount of $8,846,317.00 for the Corpus Christi International Airport, Terminal Apron Phase IV and East General Aviation Apron Phase V projects and awarding a construction contract in the amount of $11,201,609.96 to Head, Inc. of Columbus, Ohio, with funding available in the Airport Capital Improvement Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,846,317 from Federal Aviation Administration Grant No. 3-48-0051- 060-2020 is accepted and appropriated in the No. 3020 Airport Capital Improvement Program Grants Fund. SECTION 2. Additional unspent funding from Federal Aviation Administration Grants Nos. 57 and 58 in the amount of $2,355,292.96 will be utilized to award a construction contract in the amount of $11,201,609.96. SECTION 3. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to appropriate the revenue and increase revenues and expenditures by $8,846,317. SECTION 4. The apparent low bid submitted by Burnside Services, Inc is rejected as non - responsive. SECTION 5. The City Manager or designee is authorized to execute a construction contract with Head, Inc. of Columbus, Ohio for the Total Base Bid plus Additive Alternates No. 1 & 2 in the amount of $11,201,609.96 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase IV and East General Aviation Apron Phase V projects. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Paulette M. Guajardo ________________ Everett Roy ______________ Gil Hernandez ________________ Greg Smith ______________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Paulette M. Guajardo ________________ Everett Roy ______________ Gil Hernandez ________________ Greg Smith ______________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 01 29 01 MOBILIZATION (MAX. 5%)LS 1 474,337.88$ 474,337.88$ A2 01 29 01 BONDS AND INSURANCE AL 1 129,975.99$ 129,975.99$ A3 01 57 00 OZONE ADVISORY DAYS Day 2 658.50$ 1,317.00$ 605,630.87$ 0.00 B1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 433,392.92 $ 433,392.92 B2 SS-130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS L.S.1 $ 658.50 $ 658.50 B3 SS-300-5.1a LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES (TERMINAL APRON)L.S.1 $ 5,252.80 $ 5,252.80 B4 SS-301-5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED EACH 10 $ 397.09 $ 3,970.90 B5 SS-310-5.1a TEMPORARY AIRFIELD LIGHTING (TERMINAL APRON)L.S.1 $ 10,441.56 $ 10,441.56 B6 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 36,082.61 $ 36,082.61 B7 D-701-5.1 11-INCH X 18-INCH ARCH RCP (CLASS III), INSTALLED LF 140 $ 210.78 $ 29,509.20 B8 D-705-5.1a 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED LF 650 $ 35.59 $ 23,133.50 B9 D-705-5.1b 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 350 $ 14.34 $ 5,019.00 B10 D-705-5.1c 8 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 450 $ 18.35 $ 8,257.50 B11 D-705-5.2 UNDERDRAIN CLEANOUT EACH 6 $ 1,521.20 $ 9,127.20 B12 D-705-5.3 SAFETY END TREATMENT EACH 2 $ 1,295.34 $ 2,590.68 B13 D-751-5.1 PRECAST CONCRETE 48-INCH ROUND MANHOLE WITH RIM AND LID, INSTALLED EACH 1 $ 5,559.76 $ 5,559.76 B14 D-751-5.2 PRECAST CONCRETE 48-INCH ROUND CATCH BASIN WITH RIM AND GRATE, INSTALLED EACH 1 $ 4,612.92 $ 4,612.92 B15 P-101-5.1 PAVEMENT REMOVAL, ASPHALT (~23")S.Y.8,520 $ 19.01 $ 161,965.20 B16 P-101-5.4 PAVEMENT REMOVAL, CONCRETE (15")S.Y.90 $ 38.18 $ 3,436.20 B17 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.100 $ 141.02 $ 14,102.00 B18 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.440 $ 95.83 $ 42,165.20 B19 P-152-4.2 UNSUITABLE EXCAVATION C.Y.110 $ 59.37 $ 6,530.70 B20 P-304-8.1 CEMENT-TREATED BASE COURSE (10")S.Y.9,090 $ 46.43 $ 422,048.70 TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS PART A - GENERAL PART B - TERMINAL APRON Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER SUBTOTAL PART A - GENERAL (A1 thru A3) Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Base Bid Navasota,TX 77868 Page 1 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 B21 P-501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT)S.Y.8,990 $ 136.49 $ 1,227,045.10 B22 P-620-5.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA S.F.1,200 $ 2.29 $ 2,748.00 B23 P-620-5.1b PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA S.F.2,670 $ 3.52 $ 9,398.40 B24 P-620-5.1d TEMPORARY PAVEMENT MARKINGS (YELLOW) WITHOUT REFLECTIVE MEDIA S.F.600 $ 2.40 $ 1,440.00 B25 P-620-5.2 PAVEMENT MARKING REMOVAL S.F.560 $ 5.27 $ 2,951.20 B26 T-901-5.1 SEEDING S.Y.2,350 $ 5.38 $ 12,643.00 B27 T-904-5.1 SODDING S.Y.470 $ 15.33 $ 7,205.10 B28 L-108-5.1 NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT L.F.1,250 $ 3.34 $ 4,175.00 B29 L-108-5.2 NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS L.F.600 $ 3.48 $ 2,088.00 B30 L-110-5.2 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 2"C L.F.600 $ 25.06 $ 15,036.00 B31 L-125-5.1 L-861T(L) BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED EACH 10 $ 2,860.99 $ 28,609.90 2,541,196.75$ 0.00 C1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 731,266.51 $ 731,266.51 C2 SS-130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS L.S.1 $ 658.50 $ 658.50 C3 SS-262-5.1 TIEDOWN ANCHOR EACH 36 $ 176.99 $ 6,371.64 C4 SS-300-5.1b LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES (EAST GA APRON)L.S.1 $ 6,303.93 $ 6,303.93 C5 SS-301-5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED EACH 8 $ 397.04 $ 3,176.32 C6 SS-310-5.1b TEMPORARY AIRFIELD LIGHTING (EAST GA APRON)L.S.1 $ 10,441.56 $ 10,441.56 C7 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 11,445.94 $ 11,445.94 C8 D-705-5.1a 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED LF 400 $ 26.06 $ 10,424.00 C9 D-705-5.1b 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 180 $ 15.70 $ 2,826.00 SUBTOTAL PART B - TERMINAL APRON (B1 thru B31) PART C - EAST GA APRON Page 2 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 C10 D-705-5.2 UNDERDRAIN CLEANOUT EACH 5 $ 1,484.10 $ 7,420.50 C11 D-705-5.3 SAFETY END TREATMENT EACH 2 $ 1,295.34 $ 2,590.68 C12 P-101-5.2 PAVEMENT REMOVAL, ASPHALT (~12")S.Y.20,600 $ 10.56 $ 217,536.00 C13 P-101-5.4 PAVEMENT REMOVAL, CONCRETE (15")S.Y.242 $ 37.05 $ 8,966.10 C14 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.100 $ 141.02 $ 14,102.00 C15 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.6,750 $ 35.51 $ 239,692.50 C16 P-152-4.2 UNSUITABLE EXCAVATION C.Y.1,690 $ 47.95 $ 81,035.50 C17 P-155-8.1 LIME-TREATED SUBGRADE (12")S.Y.21,430 $ 14.08 $ 301,734.40 C18 P-155-8.2 LIME TON 650 $ 439.96 $ 285,974.00 C19 P-304-8.1 CEMENT-TREATED BASE COURSE (10")S.Y.21,130 $ 47.47 $ 1,003,041.10 C20 P-501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT)S.Y.20,980 $ 139.66 $ 2,930,066.80 C21 P-620-5.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA S.F.850 $ 1.37 $ 1,164.50 C22 P-620-5.1b PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA S.F.1,430 $ 2.62 $ 3,746.60 C23 P-620-5.2 PAVEMENT MARKING REMOVAL S.F.310 $ 5.27 $ 1,633.70 C24 T-901-5.1 SEEDING S.Y.1,560 $ 5.38 $ 8,392.80 C25 T-904-5.1 SODDING S.Y.800 $ 10.60 $ 8,480.00 C26 L-108-5.1 NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT L.F.1,650 $ 3.34 $ 5,511.00 C27 L-108-5.2 NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS L.F.700 $ 3.48 $ 2,436.00 C28 L-110-5.2 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 2"C L.F.700 $ 25.06 $ 17,542.00 C29 L-125-5.1 L-861T(L) BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED EACH 12 $ 2,860.99 $ 34,331.88 5,958,312.46$ 0.00 D1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 9,142.51 $ 9,142.51 D2 SS-300-5.1c LOCKOUT/TAGOUT (GATE 9G)L.S.1 $ 3,153.35 $ 3,153.35 SUBTOTAL PART C - EAST GA APRON (C1 thru C29) Part D - GATE 9G DRIVEWAY RECONSTRUCTION Page 3 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 D3 SS-300-5.2 ARCHITECTURAL SINGLE LIGHT FIXTURE AND ACCESSORIES, INSTALLED EACH 1 $ 1,399.17 $ 1,399.17 D4 SS-300-5.3 ARCHITECTURAL SINGLE LIGHT FIXTURE, MAST ARM, AND ACCESSORIES, INSTALLED EACH 1 $ 1,531.43 $ 1,531.43 D5 SS-301-5.2 EXISTING GATE 9G EQUIPMENT, REMOVED L.S.1 $ 14,309.21 $ 14,309.21 D6 SS-301-5.3 EXISTING AREA LIGHT, REMOVED EACH 1 $ 633.45 $ 633.45 D7 SS-350-5.1 GATE 9G EQUIPMENT, INSTALLED L.S.1 $ 20,513.57 $ 20,513.57 D8 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 1,158.96 $ 1,158.96 D9 F-162-5.1 EXISTING CHAIN-LINK FENCE WITH BARBED WIRE INSTALLED ON NEW FENCE HARDWARE, FURNISH AND INSTALL PVC FENCE SLATS (BLACK) L.F.180 $ 136.96 $ 24,652.80 D10 F-162-5.2 EXISTING CHAIN-LINK FENCE WITH BARBED WIRE, REMOVED, STORED AND SALVAGE, EXISTING FENCE MATERIAL AND CONCRETE REMOVED AND DISPOSED L.F.180 $ 42.93 $ 7,727.40 D11 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4")S.Y.575 $ 5.16 $ 2,967.00 D12 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.310 $ 43.02 $ 13,336.20 D13 P-152-4.2 UNSUITABLE EXCAVATION C.Y.80 $ 62.47 $ 4,997.60 D14 P-304-8.2 CEMENT-TREATED BASE COURSE (15")S.Y.610 $ 80.20 $ 48,922.00 D15 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT)S.Y.600 $ 123.49 $ 74,094.00 D16 L-108-5.3 NO. 8 AWG STRANDED, 600V RATED, TYPE THHN/THWN-2 CABLE, INSTALLED IN DUCT BANK OR CONDUIT L.F.320 $ 2.65 $ 848.00 D17 L-108-5.4 NO. 12 AWG STRANDED, 600V RATED, TYPE THHN/THWN-2 GREEN INSULATED EQUIPMENT GROUND, INSTALLED IN DUCT BANK OR CONDUIT L.F.160 $ 2.23 $ 356.80 D18 L-110-5.1 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 1"C L.F.100 $ 23.67 $ 2,367.00 232,110.45$ 0.00 E1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 101,390.52 $ 101,390.52 E2 SS-243-4.1 STOP SIGN, INSTALLED EACH 2 $ 1,078.27 $ 2,156.54 E3 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 1,791.12 $ 1,791.12 E4 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4")S.Y.100 $ 18.07 $ 1,807.00 E5 P-101-5.5 ASPHALT PAVEMENT CRACK REPAIR (<1.5" WIDTH)L.F.900 $ 7.86 $ 7,074.00 SUBTOTAL PART D - GATE 9G DRIVEWAY RECONSTRUCTION (D1 thru D18) Part E - WEST PERIMETER ROAD REHABILITATION - HMAC Page 4 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 E6 P-101-5.6 ASPHALT PAVEMENT CRACK REPAIR (>1.5" WIDTH)L.F.300 $ 44.13 $ 13,239.00 E7 P-101-5.7 ASPHALT EDGE REPAIR L.F.1,300 $ 49.99 $ 64,987.00 E8 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.200 $ 143.58 $ 28,716.00 E9 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.50 $ 104.29 $ 5,214.50 E10 P-152-4.2 UNSUITABLE EXCAVATION C.Y.20 $ 92.31 $ 1,846.20 E11 P-304-8.2 CEMENT-TREATED BASE COURSE (15")S.Y.100 $ 119.44 $ 11,944.00 E12 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT)S.Y.100 $ 189.29 $ 18,929.00 E13 P-620-5.1c PAVEMENT MARKINGS (WHITE) WITHOUT REFLECTIVE MEDIA S.F.75 $ 9.58 $ 718.50 E14 TX-340-6.1 DENSE-GRADED HOT-MIX ASPHALT PAVEMENT (TYPE D)TON 300 $ 296.33 $ 88,899.00 348,712.38$ 0.00 F1 P-101-5.9 CONCRETE SPALL REPAIR S.F.2,500 $ 99.99 $ 249,975.00 F2 P-101-5.10 CONCRETE CRACK REPAIR L.F.5,000 $ 7.03 $ 35,150.00 F3 P-101-5.11 FULL DEPTH CONCRETE PAVEMENT REPAIR S.Y.350 $ 697.01 $ 243,953.50 F4 P-101-5.12 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS ≤ 1" (COMPRESSION JOINT SEALANT)L.F.55,200 $ 7.91 $ 436,632.00 F5 P-101-5.13 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS >1" (COMPRESSION JOINT SEALANT)L.F.13,000 $ 28.48 $ 370,240.00 1,335,950.50$ 0.00 G1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 389.73 $ 389.73 G2 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 1,791.12 $ 1,791.12 G3 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4")S.Y.1,615 $ 4.42 $ 7,138.30 G4 P-101-5.5 ASPHALT PAVEMENT CRACK REPAIR (<1.5" WIDTH)L.F.-900 $ 7.86 $ (7,074.00) G5 P-101-5.6 ASPHALT PAVEMENT CRACK REPAIR (>1.5" WIDTH)L.F.-300 $ 44.13 $ (13,239.00) G6 P-101-5.7 ASPHALT EDGE REPAIR L.F.-1,300 $ 49.99 $ (64,987.00) G7 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.-200 $ 143.58 $ (28,716.00) G8 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.880 $ 30.33 $ 26,690.40 G9 P-152-4.2 UNSUITABLE EXCAVATION C.Y.240 $ 104.84 $ 25,161.60 SUBTOTAL PART F - ADDITIVE ALTERNATE I - WEST GA APRON (F1 THRU F5) Part G- ADDITIVE ALTERNATE NO. II - WEST PERIMETER ROAD REHABILITATION - PCC Part F - ADDITIVE ALTERNATE NO. I - WEST GA APRON SUBTOTAL PART E - WEST PERIMETER ROAD REHABILITATION - HMAC (E1 thru E14) Page 5 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 G10 P-304-8.2 CEMENT-TREATED BASE COURSE (15")S.Y.1,920 $69.01 $ 132,499.20 G11 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT)S.Y.1,660 $113.82 $ 188,941.20 G12 TX-340-6.1 DENSE-GRADED HOT-MIX ASPHALT PAVEMENT (TYPE D)TON -300 $296.33 $ (88,899.00) 179,696.55$ 0.00 H1 P-101-5.14 SILICONE JOINT SEALANT REPLACEMENT PER ITEM P-605 L.F.68,200 $5.90 $ 402,380.00 H2 P-101-5.12 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS ≤ 1" (COMPRESSION JOINT SEALANT)L.F.-55,200 $7.91 $ (436,632.00) H3 P-101-5.13 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS >1" (COMPRESSION JOINT SEALANT)L.F.-13,000 $28.48 $ (370,240.00) (404,492.00)$ 0.00 TOTAL PROJECT BASE BID (PARTS A THRU E)9,685,962.91$ $0.00 TOTAL ADDITIVE ALTERNATE I (PART F)1,335,950.50$ $0.00 TOTAL ADDITIVE ALTERNATE II (PART G)179,696.55$ $0.00 TOTAL ADDITIVE ALTERNATE III (PART H)(404,492.00)$ $0.00 SUBTOTAL PART H - ADDITIVE ALTERNATE III - W GA APRON SILICONE SEALANT (H1 THRU H3) SUBTOTAL PART G - ADDITIVE ALTERNATE II - W PERIMETER RD REHAB - PCC (G1 THRU G12) Part H- ADDITIVE ALTERNATE NO. III - WEST GA APRON - SILICONE SEALANT Page 6 of 6 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A CONTRACT NO. 3084 PROJECT SPECIFICATIONS AND DRAWINGS available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No. 20-0865 CCIA Term Apron and East GA Apron 00 52 23 - 1 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Head, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Garver 3755 S. Capital of Texas Highway, Suite #325 Austin, TX 78404 DWMayo@GarverUSA.com 2.02 The Owner’s Authorized Representative for this Project is: Brett Van Hazel, PMP – Asst. Director of Construction City of Corpus Christi – Engineering Services 4917 Holly Rd., Bldg #5 Corpus Christi, TX 78411 ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 330 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 2 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1700.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $1700.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 – CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Price Base Bid + Additive Alternates 1, & 2 $ 11,201,609.96 ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 3 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. For FAA funded projects, the retainage is 10 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner’s option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 – INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 4 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 5 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 – ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor’s Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor’s response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 6 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff __________________________ AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL ___________________________ Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR Head, Inc. (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: 4477 E. Fifth Ave. Address Columbus, OH 43210 City State Zip 614/338-8501 Phone Fax PAUL@HEADINC.COM EMail END OF SECTION DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 9/22/2020 Vice President 00 30 01 BID FORM Project Name: RFB 3084 Rehabilitate Terminal Apron Phase IV and EGA Apron Phase V Project Number: 20260A and 20261A Owner: City of Corpus Christi OAR: Desil�ner: Garver By its signature below, Bidder accepts all of the terms and conditions of the Bid Acknowledgement, acknowledges receipt of all Addenda to the Bid and agrees, if this Bid is accepted, to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. B.iddec �-� Signature: _ Name: e8l!I 8 Q�DEB8 Title: '.ILICE eBESIOrnI Attest �� State of Resi�ency, 0 Federal Tx ID No. 31-1117053Address for Notices: 4477 E. FIFTH AVENUE COLUMBUS, OH 43219 Phone: 614-338-8501 Email: PAUL®HEADINC.COM (full legal name of Bidder) (signature of person with authority to bind the Bidder) (printed name of person signing Bid Form) (title of person signing Bid Form) (signature) CIVIL DESIGN ELECTRICAL DESIGN ..,.��,, I:.� � •••..•••..• ��4 ,, Bid Form CCIA Rehabilitate Terminal Apron Phase IV and East GA Apron Phase V Project No. 20260A and 20261A: AIP No. 3-48-0051-053-2020 Digitally Signed 06/12/2020 ,,I' s.... ·· .. J' --'- . . · ...Jb, ··. I& l•l � \*'ti (t!.:j.A0ME"s° .. it'''sc0HMiT;,t.., .............................................. , \ \.. 12so73 ./ J ··�· -�;n�.,�it£��§ \? •.. ·• � �� Digitally Signed 06/12/2020 00 30 01 -Page 1 of 6 Rev 8/2019 BID TOTALS BASE BID Total PART A - GENERAL $605,630.87 Part B - BASE BID - TERMINAL APRON $2,541,196.75 Part C - BASE BID - EAST GA APRON $5,958,312.46 Part D - BASE BID - GATE 9G DRIVEWAY RECONSTRUCTION $232,110.45 Part E - BASE BID - WEST PERIMETER ROAD REHABILITATION - HMAC $348,712.38 Total $9,685,962.91 ADDITIVE ALTERNATE 1 Total PART F - ADDITIVE ALTERNATE I - WEST GA APRON $1,335,950.50 Total $1,335,950.50 ADDITIVE ALTERNATE 2 Total PART G - ADDITIVE ALTERNATE II - WEST PERIMETER ROAD REHABILITATION - PCC $179,696.55 Total $179,696.55 ADDITIVE ALTERNATE 3 Total PART H - ADDITIVE ALTERNATE III- WGA APRON (SILICONE JOINTS)($404,492.00) Total ($404,492.00) PART A - GENERAL No.Description Unit Qty Unit Price Ext Price A1 01 29 01 MOBILIZATION (MAX. 5%)L.S.1 $474,337.88 $474,337.88 A2 01 29 01 BONDS AND INSURANCE AL 1 $129,975.99 $129,975.99 A3 01 57 00 OZONE ADVISORY DAYS DAY 2 $658.50 $1,317.00 Sub Total:$605,630.87 Part B - BASE BID - TERMINAL APRON No.Description Unit Qty Unit Price Ext Price CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM B1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $433,392.92 $433,392.92 B2 SS-130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS L.S.1 $658.50 $658.50 B3 SS-300-5.1a LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES (TERMINAL APRON) L.S.1 $5,252.80 $5,252.80 B4 SS-301-5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED EACH 10 $397.09 $3,970.90 B5 SS-310-5.1a TEMPORARY AIRFIELD LIGHTING (TERMINAL APRON) L.S.1 $10,441.56 $10,441.56 B6 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $36,082.61 $36,082.61 B7 D-701-5.1 11-INCH X 18-INCH ARCH RCP (CLASS III), INSTALLED LF 140 $210.78 $29,509.20 B8 D-705-5.1a 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED LF 650 $35.59 $23,133.50 B9 D-705-5.1b 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 350 $14.34 $5,019.00 B10 D-705-5.1c 8 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 450 $18.35 $8,257.50 B11 D-705-5.2 UNDERDRAIN CLEANOUT EACH 6 $1,521.20 $9,127.20 B12 D-705-5.3 SAFETY END TREATMENT EACH 2 $1,295.34 $2,590.68 B13 D-751-5.1 PRECAST CONCRETE 48-INCH ROUND MANHOLE WITH RIM AND LID, INSTALLED EACH 1 $5,559.76 $5,559.76 B14 D-751-5.2 PRECAST CONCRETE 48-INCH ROUND CATCH BASIN WITH RIM AND GRATE, INSTALLED EACH 1 $4,612.92 $4,612.92 B15 P-101-5.1 PAVEMENT REMOVAL, ASPHALT (~23") S.Y.8520 $19.01 $161,965.20 B16 P-101-5.4 PAVEMENT REMOVAL, CONCRETE (15") S.Y.90 $38.18 $3,436.20 B17 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.100 $141.02 $14,102.00 B18 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.440 $95.83 $42,165.20 B19 P-152-4.2 UNSUITABLE EXCAVATION C.Y.110 $59.37 $6,530.70 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM B20 P-304-8.1 CEMENT-TREATED BASE COURSE (10") S.Y.9090 $46.43 $422,048.70 B21 P-501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) S.Y.8990 $136.49 $1,227,045.10 B22 P-620-5.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA S.F.1200 $2.29 $2,748.00 B23 P-620-5.1b PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA S.F.2670 $3.52 $9,398.40 B24 P-620-5.1d TEMPORARY PAVEMENT MARKINGS (YELLOW) WITHOUT REFLECTIVE MEDIA S.F.600 $2.40 $1,440.00 B25 P-620-5.2 PAVEMENT MARKING REMOVAL S.F.560 $5.27 $2,951.20 B26 T-901-5.1 SEEDING S.Y.2350 $5.38 $12,643.00 B27 T-904-5.1 SODDING S.Y.470 $15.33 $7,205.10 B28 L-108-5.1 NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT L.F.1250 $3.34 $4,175.00 B29 L-108-5.2 NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS L.F.600 $3.48 $2,088.00 B30 L-110-5.2 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 2"C L.F.600 $25.06 $15,036.00 B31 L-125-5.1 L-861T(L) BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED EACH 10 $2,860.99 $28,609.90 Sub Total:$2,541,196.75 Part C - BASE BID - EAST GA APRON No.Description Unit Qty Unit Price Ext Price C1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $731,266.51 $731,266.51 C2 SS-130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS L.S.1 $658.50 $658.50 C3 SS-262-5.1 TIEDOWN ANCHOR EACH 36 $176.99 $6,371.64 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM C4 SS-300-5.1b LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES (EAST GA APRON) L.S.1 $6,303.93 $6,303.93 C5 SS-301-5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED EACH 8 $397.04 $3,176.32 C6 SS-310-5.1b TEMPORARY AIRFIELD LIGHTING (EAST GA APRON) L.S.1 $10,441.56 $10,441.56 C7 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $11,445.94 $11,445.94 C8 D-705-5.1a 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED LF 400 $26.06 $10,424.00 C9 D-705-5.1b 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 180 $15.70 $2,826.00 C10 D-705-5.2 UNDERDRAIN CLEANOUT EACH 5 $1,484.10 $7,420.50 C11 D-705-5.3 SAFETY END TREATMENT EACH 2 $1,295.34 $2,590.68 C12 P-101-5.2 PAVEMENT REMOVAL, ASPHALT (~12") S.Y.20600 $10.56 $217,536.00 C13 P-101-5.4 PAVEMENT REMOVAL, CONCRETE (15") S.Y.242 $37.05 $8,966.10 C14 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.100 $141.02 $14,102.00 C15 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.6750 $35.51 $239,692.50 C16 P-152-4.2 UNSUITABLE EXCAVATION C.Y.1690 $47.95 $81,035.50 C17 P-155-8.1 LIME-TREATED SUBGRADE (12") S.Y.21430 $14.08 $301,734.40 C18 P-155-8.2 LIME TON 650 $439.96 $285,974.00 C19 P-304-8.1 CEMENT-TREATED BASE COURSE (10") S.Y.21130 $47.47 $1,003,041.10 C20 P-501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) S.Y.20980 $139.66 $2,930,066.80 C21 P-620-5.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA S.F.850 $1.37 $1,164.50 C22 P-620-5.1b PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA S.F.1430 $2.62 $3,746.60 C23 P-620-5.2 PAVEMENT MARKING REMOVAL S.F.310 $5.27 $1,633.70 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM C24 T-901-5.1 SEEDING S.Y.1560 $5.38 $8,392.80 C25 T-904-5.1 SODDING S.Y.800 $10.60 $8,480.00 C26 L-108-5.1 NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT L.F.1650 $3.34 $5,511.00 C27 L-108-5.2 NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS L.F.700 $3.48 $2,436.00 C28 L-110-5.2 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 2"C L.F.700 $25.06 $17,542.00 C29 L-125-5.1 L-861T(L) BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED EACH 12 $2,860.99 $34,331.88 Sub Total:$5,958,312.46 Part D - BASE BID - GATE 9G DRIVEWAY RECONSTRUCTION No.Description Unit Qty Unit Price Ext Price D1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $9,142.51 $9,142.51 D2 SS-300-5.1c LOCKOUT/TAGOUT (GATE 9G) L.S.1 $3,153.35 $3,153.35 D3 SS-300-5.2 ARCHITECTURAL SINGLE LIGHT FIXTURE AND ACCESSORIES, INSTALLED EACH 1 $1,399.17 $1,399.17 D4 SS-300-5.3 ARCHITECTURAL SINGLE LIGHT FIXTURE, MAST ARM, AND ACCESSORIES, INSTALLED EACH 1 $1,531.43 $1,531.43 D5 SS-301-5.2 EXISTING GATE 9G EQUIPMENT, REMOVED L.S.1 $14,309.21 $14,309.21 D6 SS-301-5.3 EXISTING AREA LIGHT, REMOVED EACH 1 $633.45 $633.45 D7 SS-350-5.1 GATE 9G EQUIPMENT, INSTALLED L.S.1 $20,513.57 $20,513.57 D8 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $1,158.96 $1,158.96 D9 F-162-5.1 EXISTING CHAIN-LINK FENCE WITH BARBED WIRE INSTALLED ON NEW FENCE HARDWARE, FURNISH AND L.F.180 $136.96 $24,652.80 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM INSTALL PVC FENCE SLATS (BLACK) D10 F-162-5.2 EXISTING CHAIN-LINK FENCE WITH BARBED WIRE, REMOVED, STORED AND SALVAGE, EXISTING FENCE MATERIAL AND CONCRETE REMOVED AND DISPOSED L.F.180 $42.93 $7,727.40 D11 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4") S.Y.575 $5.16 $2,967.00 D12 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.310 $43.02 $13,336.20 D13 P-152-4.2 UNSUITABLE EXCAVATION C.Y.80 $62.47 $4,997.60 D14 P-304-8.2 CEMENT-TREATED BASE COURSE (15") S.Y.610 $80.20 $48,922.00 D15 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT) S.Y.600 $123.49 $74,094.00 D16 L-108-5.3 NO. 8 AWG STRANDED, 600V RATED, TYPE THHN/THWN-2 CABLE, INSTALLED IN DUCT BANK OR CONDUIT L.F.320 $2.65 $848.00 D17 L-108-5.4 NO. 12 AWG STRANDED, 600V RATED, TYPE THHN/THWN-2 GREEN INSULATED EQUIPMENT GROUND, INSTALLED IN DUCT BANK OR CONDUIT L.F.160 $2.23 $356.80 D18 L-110-5.1 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 1"C L.F.100 $23.67 $2,367.00 Sub Total:$232,110.45 Part E - BASE BID - WEST PERIMETER ROAD REHABILITATION - HMAC No.Description Unit Qty Unit Price Ext Price E1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $101,390.52 $101,390.52 E2 SS-243-4.1 STOP SIGN, INSTALLED EACH 2 $1,078.27 $2,156.54 E3 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $1,791.12 $1,791.12 E4 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4") S.Y.100 $18.07 $1,807.00 E5 P-101-5.5 ASPHALT PAVEMENT CRACK REPAIR (<1.5" WIDTH) L.F.900 $7.86 $7,074.00 E6 P-101-5.6 ASPHALT PAVEMENT CRACK REPAIR (>1.5" WIDTH) L.F.300 $44.13 $13,239.00 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM E7 P-101-5.7 ASPHALT EDGE REPAIR L.F.1300 $49.99 $64,987.00 E8 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.200 $143.58 $28,716.00 E9 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.50 $104.29 $5,214.50 E10 P-152-4.2 UNSUITABLE EXCAVATION C.Y.20 $92.31 $1,846.20 E11 P-304-8.2 CEMENT-TREATED BASE COURSE (15") S.Y.100 $119.44 $11,944.00 E12 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT) S.Y.100 $189.29 $18,929.00 E13 P-620-5.1c PAVEMENT MARKINGS (WHITE) WITHOUT REFLECTIVE MEDIA S.F.75 $9.58 $718.50 E14 TX-340-6.1 DENSE-GRADED HOT-MIX ASPHALT PAVEMENT (TYPE D) TON 300 $296.33 $88,899.00 Sub Total:$348,712.38 PART F - ADDITIVE ALTERNATE I - WEST GA APRON No.Description Unit Qty Unit Price Ext Price F1 P-101-5.9 CONCRETE SPALL REPAIR S.F.2500 $99.99 $249,975.00 F2 P-101-5.10 CONCRETE CRACK REPAIR L.F.5000 $7.03 $35,150.00 F3 P-101-5.11 FULL DEPTH CONCRETE PAVEMENT REPAIR S.Y.350 $697.01 $243,953.50 F4 P-101-5.12 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS ≤ 1" (COMPRESSION JOINT SEALANT) L.F.55200 $7.91 $436,632.00 F5 P-101-5.13 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS >1" (COMPRESSION JOINT SEALANT) L.F.13000 $28.48 $370,240.00 Sub Total:$1,335,950.50 PART G - ADDITIVE ALTERNATE II - WEST PERIMETER ROAD REHABILITATION - PCC No.Description Unit Qty Unit Price Ext Price G1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $389.73 $389.73 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM G2 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $1,791.12 $1,791.12 G3 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4") S.Y.1615 $4.42 $7,138.30 G4 P-101-5.5 ASPHALT PAVEMENT CRACK REPAIR (<1.5" WIDTH) L.F.-900 $7.86 ($7,074.00) G5 P-101-5.6 ASPHALT PAVEMENT CRACK REPAIR (>1.5" WIDTH) L.F.-300 $44.13 ($13,239.00) G6 P-101-5.7 ASPHALT EDGE REPAIR L.F.-1300 $49.99 ($64,987.00) G7 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.-200 $143.58 ($28,716.00) G8 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.880 $30.33 $26,690.40 G9 P-152-4.2 UNSUITABLE EXCAVATION C.Y.240 $104.84 $25,161.60 G10 P-304-8.2 CEMENT-TREATED BASE COURSE (15") S.Y.1920 $69.01 $132,499.20 G11 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT) S.Y.1660 $113.82 $188,941.20 G12 TX-340-6.1 DENSE-GRADED HOT-MIX ASPHALT PAVEMENT (TYPE D) TON -300 $296.33 ($88,899.00) Sub Total:$179,696.55 PART H - ADDITIVE ALTERNATE III- WGA APRON (SILICONE JOINTS) No.Description Unit Qty Unit Price Ext Price H1 P-101-5.14 SILICONE JOINT SEALANT REPLACEMENT PER ITEM P-605 L.F.68200 $5.90 $402,380.00 H2 P-101-5.12 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS ≤ 1" (COMPRESSION JOINT SEALANT) L.F.-55200 $7.91 ($436,632.00) H3 P-101-5.13 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS >1" (COMPRESSION JOINT SEALANT) L.F.-13000 $28.48 ($370,240.00) Sub Total:($404,492.00) CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM DATE: September 18, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & ESI Danielmc@cctexas.com 361-826-7011 CAPTION: Ordinance amending the Urban Transportation Plan (UTP) Map of Mobility CC, a transportation element of the Comprehensive Plan, by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286); and providing for publication. SUMMARY: As the Agent of IDEA Public Schools; Halff Engineering has requested the deletion of Civitan Drive between Ayers Street and Crosstown Expressway (State Highway 286). This request is associated with the future development of a 15.42 ac tract located between Ayers Street and Crosstown Expressway containing the subject segment of Civitan Drive. BACKGROUND AND FINDINGS: The segment of Civitan Drive; whose removal is being requested is categorized as a C1 – Minor Collector. The Collector Street type collects and distributes traffic to and from local streets, other collectors, arterials, and freeway frontage roads. The function of this street type is to “collect” neighborhood traffic and strategically direct the traffic to the arterial grid system. However, the Collector Street system should not create high speed “short cuts” through residential neighborhoods. The ideal collector street intersection spacing between arterials is 0.25 to 0.50 miles apart. On-street parking and direct access to homes from this street type is discouraged. The proposed change will most impact the property, for which the applicants have requested this segment deletion. The proposed alignment of the segment of Civitan Drive from Ayers to Crosstown Expressway is located entirely within the southern extents of the applicant property (IDEA Public Schools). The removal of this UTP roadway segment will allow the applicant greater flexibility to develop their tract. Additionally, an impact of the construction of Civitan Drive as proscribed by the UTP would be the generation of a non-standard intersection at Proposed Urban Transportation Plan Amendment – Deletion of Civitan Drive between Ayers Street and Crosstown Expressway (State Highway 286) AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2020 Second Reading for the City Council Meeting of October 27, 2020 Civitan Drive and Ayers St. At present a local road named; “Civitan Drive” extends from the current intersection of these two roadways and turns to the North forming the Eastern boundary of the applicant tract (IDEA Public Schools). This turn North is located approximately 125 feet west of the existing intersection of Ayers St and Civitan Drive. If the UTP proscribed segment of Civitan Drive were constructed in its current alignment either a new lighted intersection would need to be constructed approximately 125 feet west of the existing lighted intersection of Ayers St and Civitan Drive (resulting in an non-standard intersection), or the existing local road currently named Civitan Drive would need to be relocated further W est. The vehicular movement that would be facilitated through the connection, east to west of Civitan Drive across the Crosstown Expressway is already facilitated by Holly Road, approximately 2,000 feet to the south of the intersection of Ayers Street and Civitan Drive. This matter has been addressed by both the Traffic Advisory Committee (TAC) and the Planning Commission (PC). Both meetings allowed for public input. Neither meeting resulted in public input that was in opposition to the deletion of the Civitan Drive segment from the UTP. Also, both the TAC and the PC both recommended approval of the deletion of this roadway segment from the UTP. ALTERNATIVES: No alternatives were considered for this request. FISCAL IMPACT: There is no financial/fiscal impact associated with this ordinance. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends the approval of this amendment to delete the segment of Civitan Drive from Ayers Street to Crosstown Expressway from the City’s UTP. The TAC and PC have both recommended the approval of this amendment to delete this segment of Civitan Drive from the City’s UTP. LIST OF SUPPORTING DOCUMENTS: Exhibit Map: Civitan Drive Area Map Applicant Request for UTP Amendment Presentation Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan, by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286); and providing for publication. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; WHEREAS, City Council held a public hearing, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the “Comprehensive Plan”), is amended by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286), as shown on Exhibits “A,” "B" and "C" which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Exhibit A 3 HALFF ASSOCIATES, INC. 711 N. CARANCAHUA STREET, STE. 1190 TEL. (361) 400-4600 WWW.HALFF.COM CORPUS CHRISTI, TX 78401 August 4, 2020 AVO: 038474.001 City of Corpus Christi Planning & Environmental Services Attn: Daniel McGinn 1201 Leopard Street, 1st Floor Corpus Christi, Texas 78401 Re: Request for Portion of Civitan Dr. Elimination from Transportation Plan IDEA Public Schools Dear Mr. McGinn: Per our telephone discussion on July 29, 2020, I am writing you today on behalf of my client, IDEA Public Schools (IDEA), to formally request that a portion of the proposed Civitan Drive be eliminated from the City of Corpus Christi adopted Transportation Plan. IDEA has entered into a purchase-sale agreement for a 15.42-acre tract of land near the intersection of Civitan Dr. and Ayers St. currently owned by South Padre Investment, Inc. IDEA is currently within the due diligence period of this agreement. A copy of the Category 1A Land Title Survey is attached to this letter as Exhibit “A”. Per the City of Corpus Christi’s Transportation Plan, Civitan Dr. is planned to continue from the Ayers intersection in a westerly direction across the subject property as a collector street, through Crosstown Expwy (TX-286), and tie back into Martin St. on the west side of Crosstown Expwy. It appears that this plan was produced prior to the extension of Crosstown Expwy to the south. As such, Civitan Dr. will no longer continue across Crosstown Expwy. Additionally, Civitan Dr. has been labeled over a local road on the Corpus Christi GIS Viewer as continuing along the frontage of the subject site within public right-of-way and ties back into the frontage road for Crosstown Expwy just north of the turnaround under Crosstown Expwy. Please see Exhibit “B” for further illustration of the existing layout of roadways. The construction of Civitan Dr. as a collector through the subject property would generate a non- standard intersection at Ayers St. The existing Civitan Dr. and Ayers St. intersection is controlled by a signal. If the Civitan Dr. collector were constructed through the subject property, the existing Civitan Dr. local roadway to the west of the intersection would intersect with the proposed collector too close to the signalized intersection and generate a potentially unsafe situation. See Exhibit “B” identifying this location. Furthermore, the construction of the Civitan Dr. collector roadway to the west of the aforementioned intersection no longer appears to be warranted, given the existing locations of Crosstown Expwy, Ayers Street, and Holly Rd., which currently provide adequate access for all blocks between S. Padre Island Drive and Holly Rd. Mr. Daniel McGinn City of Corpus Christi August 4, 2020 Page 2 For these reasons, we request that the City of Corpus Christi remove the extension of the Civitan Dr. collector roadway to the west of the existing Civitan Dr. and Ayers St. intersection. Please consider this request and provide the necessary steps to present this to the Planning and Zoning Commission for approval at the earliest opportunity. Should you need any further information or desire to discuss this in detail, please do not hesitate to call me at 361-400-4600 or 512-777-4603. Thank you in advance for your consideration of this request. Sincerely, Robert W. Scholz, P.E. Civil Engineering Team Leader cc: Alan Kirchhoff – PMSI Ernie Villarreal - PMSI ····“”·“”·””S:\Surveying\19925\B902\S019925B902_20190218.dwgEXHIBIT "A" Civitan Dr.already extendsto FrontageRoadRequest to eliminate thisportion of Civitan fromTransportation PlanExisting Civitan Dr.intersection would be tooclose to signalizedintersection.EXHIBIT "B" E E E E Crosstown ExpySouth Padre Island Dr Civitan Dr Ayers StMilo St Holly Dr Richter StIDE A Pu blic Sch oo ls Pro pe rty Kostoryz RdSokol Dr McArdle Rd Greenwood DrPro po sed U TPSegment Re m ova l C1 F1 C2 A1 A2A2 C1 A1 A1 A1 C1 F1 C1 C1 C1 F1 F1 F1 A1 C1 A1 C1 F1 F1 F1 F1 C1 C1 A1 A1 ¯0 1,0 00 2,0 00500Feet Civitan Dr ive - Ar ea Ma p Legend Tar get Parc els Par cel Boundary Transportation Plan - Roadwa y Typ e s Freew ay - Exis ting Minor Arteri al - Exi sti ng Minor C ol lec tor - Exis ting Secondar y C ollector - Exis ti ng Min o r A rte ri al - P ro po se d Se co nd ar y A rt eri al - P ro po se d Min o r C ol lec to r - P rop o se d City Council October 20, 2020 Urban Transportation Plan (UTP) Amendment – Deletion of Civitan Drive between Ayers and West ROW of State Highway 286 1 Urban Transportation Plan – Civitan Drive 2 Urban Transportation Plan – Civitan Drive 3 Background: Civitan Drive Project 4 •IDEA Public Schools purchased the 15.42 ac tract previously owned by South Padre Investment Inc. •Current UTP calls for the extension of Civitan Drive, from East to West across of State Hwy 28. •The construction of Civitan Drive to the west of Ayers appears to, no longer be warranted given the current transportation network. Recommendation: 5 •Staff Recommends Approval DATE: October 27, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a three-year service agreement with Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing in an amount of $104,770.00 for vehicle wash services for Asset Management Fleet Department, with FY 2021 funding available through the Fleet Maintenance Services Fund in the amount of $32,013.06. SUMMARY: This service agreement will be utilized by the Asset Management Fleet Department for vehicle wash services of various City vehicles. Wash services are sometimes necessary on City vehicles, such as refuse or animal service trucks, prior to the mechanics performing services on the vehicles or equipment. BACKGROUND AND FINDINGS: The Contractor will provide vehicle wash services and is responsible for furnishing all equipment, material and labor to satisfactorily clean all the vehicles such as tractors, loaders, excavators, dead animal collection trucks and dump trucks on a rotating basis. There is no agreement at this time, services are procured as needed. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new contract. The City received five bids; one bid did not meet bid specifications for work site and conditions because they were located outside the required 25-mile radius of the City of Corpus Christi shop located at 5352 Ayers Street. The other four were responsive, responsible bids, and we are recommending the award to Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing. Service Agreement for Wash Services of City Vehicles Operations AGENDA MEMORANDUM Action Item for the City Council Meeting of October 27, 2020 ALTERNATIVES: The alternative to accepting this bid would be to perform the vehicle wash services in house. However, more employees, equipment and supplies will be needed which would be a higher cost to the City. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2021 is $32,013.06 for vehicle wash services for City vehicles, with the remaining cost funded in future years through the annual budget process. Funding Detail: Fund: 5110 Fleet Maintenance Services Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year services agreement with Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing for vehicle wash services as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreement Page 1 of 2 Resolution authorizing a three-year service agreement with Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing in an amount of $104,770.00 for vehicle wash services for Asset Management Fleet Department, with FY 2021 funding available through the Fleet Maintenance Services Fund in the amount of $32,013.06. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi (“City”); WHEREAS, the City received bids for vehicle wash services, in response to Request for Bids No. 2924 (the “RFB”) of which only the lowest responsive, responsible bidder may be awarded (“contract”); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in the RFB that contracts would be awarded to the lowest responsive, responsible bidder; WHEREAS, the apparent low bidder, Davis Moving and Cleaning, LLC, could not meet the bid specifications because it did not have a location within a 25-mile radius of the Fleet Maintenance Department as required by the RFB and, therefore, is deemed nonresponsive; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for vehicle wash services is Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing, of Corpus Christi, Texas, in an amount of $104,770.00; and Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing is the lowest responsive, responsible bidder for vehicle washing services and is awarded a contract for an amount not to exceed $104,770.00. Section 5. The City Manager, or designee, is authorize d to execute a three-year service agreement with Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing in an amount of $104,770.00 for vehicle wash services for Asset Management Fleet Department . Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 3 Yr. Qty ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Passenger Cars EA 450 -$ 7.00$ 3,150.00$ 14.00$ 6,300.00$ 30.00$ 13,500.00$ 25.00$ 11,250.00$ 2 Pickup Trucks EA 450 -$ 10.00$ 4,500.00$ 14.00$ 6,300.00$ 30.00$ 13,500.00$ 45.00$ 20,250.00$ 3 Dump Trucks EA 150 -$ 100.00$ 15,000.00$ 49.00$ 7,350.00$ 70.00$ 10,500.00$ 150.00$ 22,500.00$ 4 Refuse Trucks EA 470 -$ 26.00$ 12,220.00$ 79.00$ 37,130.00$ 85.00$ 39,950.00$ 450.00$ 211,500.00$ 5 Front-End Loaders EA 60 -$ 100.00$ 6,000.00$ 45.00$ 2,700.00$ 70.00$ 4,200.00$ 100.00$ 6,000.00$ 6 Tractors EA 60 -$ 30.00$ 1,800.00$ 45.00$ 2,700.00$ 70.00$ 4,200.00$ 100.00$ 6,000.00$ 7 Trailers EA 30 -$ 30.00$ 900.00$ 35.00$ 1,050.00$ 70.00$ 2,100.00$ 50.00$ 1,500.00$ 8 Excavators EA 60 -$ 150.00$ 9,000.00$ 45.00$ 2,700.00$ 70.00$ 4,200.00$ 125.00$ 7,500.00$ 9 Rear Steer Brush Loader/Truck EA 470 -$ 26.00$ 12,220.00$ 69.00$ 32,430.00$ 70.00$ 32,900.00$ 150.00$ 70,500.00$ 10 Self-Loading Brush Truck EA 470 -$ 26.00$ 12,220.00$ 50.00$ 23,500.00$ 70.00$ 32,900.00$ 250.00$ 117,500.00$ 11 End Dump Trucks EA 470 -$ 30.00$ 14,100.00$ 50.00$ 23,500.00$ 70.00$ 32,900.00$ 225.00$ 105,750.00$ 12 Dead Animal Collection Truck EA 60 -$ 25.00$ 1,500.00$ 20.00$ 1,200.00$ 30.00$ 1,800.00$ 125.00$ 7,500.00$ 13 Zero-Turn Mowers EA 60 -$ 15.00$ 900.00$ 13.00$ 780.00$ 25.00$ 1,500.00$ 50.00$ 3,000.00$ 14 Batwing Mowers EA 30 -$ 25.00$ 750.00$ 20.00$ 600.00$ 25.00$ 750.00$ 80.00$ 2,400.00$ 15 RV’s/Mobile Homes EA 20 -$ 65.00$ 1,300.00$ 20.00$ 400.00$ 50.00$ 1,000.00$ 200.00$ 4,000.00$ 16 ATV’s/UTV’s EA 30 -$ 7.00$ 210.00$ 15.00$ 450.00$ 25.00$ 750.00$ 50.00$ 1,500.00$ 17 Generators EA 30 -$ 300.00$ 9,000.00$ 15.00$ 450.00$ 25.00$ 750.00$ 40.00$ 1,200.00$ TOTAL -$ 104,770.00$ 149,540.00$ 197,400.00$ 599,850.00$ * Did not meet specs. Bid Tabulation RFB 2924 Wash Services for City Vehicles City of Corpus Christi Contracts and Procurement Department Senior Buyer : Cynthia Perez Hero Pressure Washing LLC Corpus Christi, Texas Amor Bearer Security Inc, DBA Dynamic Reflections Detailing Corpus Christi, Texas *Davis Moving and Cleaning, LLC San Antonio, Texas Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing Corpus Christi, Texas Coastline Power Wash Corpus Christi, Texas Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SERVICE AGREEMENT NO. 2924 Wash Services for City Vehicles THIS Wash Services for City Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Wash Services for City Vehicles in response to Request for Bid/Proposal No. 2924 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Wash Services for City Vehicles (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $104,770.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Francisco Olvera, Jr. Department: Asset Management Department Phone: (361) 826-1917 Email: FranciscoO@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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: Francisco Olvera, Jr. Title: Vehicle & Equipment Admin Inspector Address: 5353 Ayers, Bldg. 3-B, Corpus Christi, Texas 78415 Phone:(361) 826-1917 Fax: (361) 826-4474 IF TO CONTRACTOR: Fabian Adan Olivarez, Jr. dba Sparkling City Power Washing Attn: Fabian A. Olivarez Title: Owner Address: 1813 Whittier Drive, Corpus Christi, Texas 78415 Phone: (361) 695-4462 Fax: N/A DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours 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. DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 20. 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. 21. 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. 22.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). 23.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. 24.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. 25.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. 26.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. DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form November 11, 2019 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 2924 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Fabian olivarez 10/9/2020 Owner Revised 11.08.19 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide wash services for City vehicles and equipment located at the Fleet Maintenance Department on an as needed basis. 1.2 Scope of Work A. Service requirements: 1.The Contractor shall provide clean/wash services to refuse trucks and heavy equipment plus various types of vehicles on an as needed basis. 2.The Contractor shall clean/wash the exterior of all the vehicles and equipment. The inside of packers on the refuse trucks, both rear and side loaders. The Contractor shall also perform similar duties to all the equipment such as clean underneath the mowers, truck beds, all outside components of but, not limited to, passenger cars, pickups trucks, dump trucks, refuse trucks and any other miscellaneous pieces of equipment such as Front-end Loaders, Tractors, Trailers, Excavators, Rear Steer, Self-loader, End Dump Trucks, Dead Animal Collection Truck, Zero-turn Mowers, Batwing Mowers, RV’s/Mobile Homes, ATV’s/UTV’s and generators. 3.The Contractor shall not subcontract any work. 4.Contractor shall be equipped with their own tools and supplies to include chemicals, water and anything else to complete their task. 5.The Contractor shall clean their work area to include, but not limited to trash and or any debris during and after the task is completed. 6.The washing will be done at the Fleet Maintenance Department located at 5325 Ayers Street, Building 3-B. B. Lead Time: The refuse trucks shall be first priority. The Contractor shall provide same day priority service for first responders and no more than two business days for other City vehicles. This standard shall apply to a full six-day work week, Monday through Saturday. 1.3 Work Site and Conditions The Contractor must be located within a 25 miles radius of City of Corpus Christi shop; located at 5352 Ayers Street. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Attachment B- Bid Pricing/ScheduleDocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 Attachment C - Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. BONDS No bonds are required, therefore Section 5 Insurance; Bonds subsection 5(B) is null to this Service Agreement. DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 DocuSign Envelope ID: 405B3019-3372-46D8-9759-D4B85C126F93 DATE: September 30, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 CAPTION: Resolution approving the FY 2021 and FY 2022 Infrastructure Management Plan as proposed by the Public Works Department that includes a list of neighborhood , arterial, and collector streets for street maintenance work to be completed as the City’s Street Maintenance Program. SUMMARY: This resolution approves the proposed two-year FY 2021 and FY 2022 Infrastructure Management Plan (IMP). The IMP is a framework for the completion of a planned annual preventative maintenance and reconstruction program for Citywide street projects. The IMP creates a structured planning mechanism for the completion of an infrastructure maintenance program, improves utility repair/replacement coordination, provides greater transparency with residents, and build public trust. BACKGROUND AND FINDINGS: The IMP provides the City of Corpus Christi a five -year structured program schedule, potential for additional multiple year contract awards and improved utility coordination. The first two-years of the IMP are considered to be complete in the planning pro cess, while the subsequent three-years are considered to be on a rolling list that is utilized for planning purposes. The proposed two-year IMP presents the initial framework for the plan as part of the development of the five-year rolling IMP. The two-year IMP includes the project programming for the Street Preventative Maintenance Program, Residential Rebuild Program, In House Paving Operations, and Concrete Street Maintenance. The IMP will not impact Bond programs as they will continue to be evaluated through the existing process. Resolution Approving Two-Year Infrastructure Management Plan for Public Works Street Maintenance Planning AGENDA MEMORANDUM Action Item for the City Council Meeting of October 27, 2020 The IMP will be adopted annually by City Council through the City’s annual budget process and appropriate funds for only the upcoming fiscal year (FY). The FY 2023 through FY 2025 IMP is currently in the development process and is anticipated to be presented to Council in December 2020. Subsequent IMP’s will be presented to Council during the annual budget process. After the initial year, the Council will be presented with the additional year that leads into the five-year IMP as well as any amendments for the remaining years of the five-year program. The goal of the IMP prioritizes projects based on the following factors including (but not limited to): o a street’s Pavement Condition Index (PCI) score o the average PCI of streets in each council district in relation to the street network’s average PCI score o public and stakeholder input o utility work schedules and funding availability o existing capital project schedules o rough proportionality Upon adoption of the City’s annual budget, the IMP will be posted on the City’s website. The adopted IMP amendment process will be through the filing of authorizing concurrence memos. All authorizing concurrence memos filed throughout the year will be included in the annual budget closing ordinance. Adoption of the ordinance including the concurrence memo will amend the IMP. In order for a concurrence memo to be authorized for a specific purpose, the memo must be approved and signed off by the Councilmember representing the district in which the planned project is located. For streets that border two council districts, bordering district councilmembers authorization is needed. All concurrence memos will be brought to City Council for final approval. Reasons for potential amendments to adopted IMP programs may include coordination with utilities, economic development projects, bond programs, planned maintenance application that is not appropriate for actual maintenance needed, and/or response to unforeseen conditions like inclement weather and citywide emergencies. ALTERNATIVES: An alternative would be to not approve this plan and continue planning work on an annual as needed basis. This would result in a delay in construction work related to street maintenance; therefore, creating a loss of productivity. FISCAL IMPACT: This item does not appropriate funding for the FY 2021-2022 IMP. The FY 2021 estimates $37,539,108 for the entire planning year. Funds to be appropriated for the SPMP will be brought to council at a later date. The funds for the in - house paving operations and concrete pavement maintenance have been included in the previously approved Public Works Operating budget. RSRP funds will be appropriated as needed with Engineering contracts. The FY 2022 plan estimates $27,386,685 for the entire planning year. These funds will be appropriated and accounted for in the FY 2022 budget planning. Funding Detail: Street Preventative Maintenance Program (SPMP) Fund: 1041 Streets Organization/Activity: 12415 Street Preventative Maint Prog Mission Element: 051 Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs-contracted Funding Detail: Residential Street Reconstruction Fund: 1042 Res Street Reconstruction Organization/Activity: 12440 Residential Street Reconstruction Mission Element: 051 Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs-contracted Funding Detail: Surface Preservation Fund: 1041 Streets Organization/Activity: 12430 Surface Preservation Mission Element: 051 Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs-contracted RECOMMENDATION: Staff recommends approval of the FY 2021-2022 IMP. LIST OF SUPPORTING DOCUMENTS: Presentation Street List Maps Resolution approving the FY 2021 and FY 2022 Infrastructure Management Plan as proposed by the Public Works Department that includes a list of neighborhood, arterial, and collector streets for street maintenance work to be completed as the City’s Street Maintenance Program. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The two-year IMP is a policy framework for the completion of a planned annual preventative maintenance and reconstruction program for citywide street projects. SECTION 2. The two-year IMP includes the project programming for the Street Preventative Maintenance Program (SPMP), Residential Rebuild Program (RSRP), In House Paving Operations, and Concrete Street Maintenance. SECTION 3. The adopted IMP amendment process will be through the filing of authorizing concurrence memos. SECTION 4. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Paulette M. Guajardo ______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DEPARTMENT OF PUBLIC WORKS Richard E. Martinez, Director FY 2021 –2025 Five -Year Rolling Infrastructure Management Program Program Overview & Policy Proposal October 27, 2020 Infrastructure Management Plan (IMP) Overview •The IMP provides the City of Corpus Christi a structured program schedule,potential for additional multiple year contract awards and improved utility coordination. •Service needs are identified city wide and are scheduled to include:street maintenance,residential street rebuilds,sidewalks,pavement markings. •The goal of the IMP is to provide the best possible planning and maintenance schedules for the City of Corpus Christi’s infrastructure. 2 Infrastructure Management Plan (IMP) Overview •The Infrastructure Management Program (IMP)is a five-year rolling program which focuses on the maintenance of Corpus Christi streets. •The first two years of the program will be approved by Council in October. •This plan was developed from assessment and review of the City’s street conditions and input from Public Works public sessions in February 2020. •The subsequent 3 years is a rolling list,utilized for planning purposes.It is subject to change annually based on prioritization. •The December approval will include the approval the total 5 year plan and the IMP policy. •During the budget process for each City fiscal year,the IMP will be presented to City Council for approval. •Amendments may occur throughout the year due to coordination with utilities or unforeseen conditions,such as inclement weather and budgetary changes. 3 Programs Overview •Street Preventative Maintenance Program (SPMP) •Regularly scheduled maintenance program for streets in fair condition.All streets that are considered in fair condition are eligible for maintenance work through either an ultra thin surface or overlay under this program.The annual Work Plan includes residential,local,collector and arterial streets. •Residential Street Rebuild Program (RSRP) •Address the City's residential streets in poor condition.Two methods of pavement rebuild work include:rehabilitation and reconstruction.Candidate residential street selection is based on criteria including pavement condition,underground utility work needed,proximity to schools,and overall cost to repair the street. 4 Programs Overview •In House Pavement Rehabilitation •Rehabilitation of residential streets.These streets have minimal concrete work associated.The work consists of a mill and overlay with spot base repairs.This program targets a “neighborhood approach”. •Concrete Restoration •This program begins the City’s concrete pavement maintenance program.The work includes joint sealants,panel replacement,and crack sealing. 5 Reactive Maintenance Time-25 YearsPavement ConditionPreventive Maintenance Pavement Life Extended Rehabilitation / Reconstruction Expensive Maintenance Zone Effective Maintenance Zone Optimized Maintenance Average Pavement Conditions 7 56.53 59.04 60.04 51.29 54.58 56.2255.02 58.69 60.6261.02 63.56 64.8166.95 69.14 70.23 63.73 70.02 72.72 58.70 61.67 63.09 0.00 10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 2020 2021 2022 W PCI BY DISTRICT DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 DOWNTOWN W PCI Street Maintenance $33,034,480 Street Maintenance Fee (SMF) $11,747,474 General Fund Revenue –6% $14,487,541 Other: Interest, Street Cut Fees $ 3,455,832 Industrial District $746,678 Regional Transportation Authority (RTA) $2,596,955 Arterials & Collectors Reconstruction $34,200,000 Type B Funds $ 3,000,000 General Fund $ 8,500,000 *General Obligation Bonds $22,700,000 Residential Streets Reconstruction $10,789,395 Industrial District $746,678 Other: Interest $61,965 2+2 cents Incremental Property Tax $8,105,031 Capital Improvement Funds – Bonds $1,070,858 General Fund Revenue - 1/3 of 1% $804, 863 $78,023,875 million budgeted for Street maintenance & reconstruction in FY2020-2021 Funding from 8 different sources 8*Bond 2020 proposes $61 Million for Arterial & Collector reconstruction. 2021 Planning 9 DISTRICT 1 19% DISTRICT 2 21% DISTRICT 3 21% DISTRICT 4 18% DISTRICT 5 16% DOWNTOWN 5% PERCENTAGE OF NEED BY DISTRICT DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 DOWNTOWN DISTRICT 1 20% DISTRICT 2 20% DISTRICT 3 19% DISTRICT 4 19% DISTRICT 5 17% DOWNTOWN 5% IMP 2021 IMPROVEMENT BY DISTRICT DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 DOWNTOWN 2021 Funding Allocations 10 SPMP , 30% RSRP, 54% In House, 13% Concrete , 3% IMP -2021 Total: $ 37,539,109 SPMP RSRP In House Concrete 2022 Planning 11 DISTRICT 1 19% DISTRICT 2 21% DISTRICT 3 21% DISTRICT 4 18% DISTRICT 5 16% DOWNTOWN 5% PERCENTAGE OF NEED BY DISTRICT DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 DOWNTOWN DISTRICT 1 18% DISTRICT 2 20% DISTRICT 3 22% DISTRICT 4 19% DISTRICT 5 16% DOWNTOWN 6% IMP 2022 IMPROVEMENT BY DISTRICT DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 DOWNTOWN 2022 Funding Allocations 12 SPMP 41% RSRP 38% In House 17% Concrete 4% IMP -2022 Total: $27,386,685 SPMP RSRP In House Concrete Conclusion •Today’s item addresses the first 2 years of the 5 year IMP. •Approval for the next 3 planning years will be brought to Council in December to complete the 5 year plan. •The IMP policy will be included in the December item.This policy will outline for council the process to amend the IMP. •Public Works is actively pursuing the reevaluation of the street network.This work will begin in January 2021 and last approximately 1 year.The results will be reflected in the FY 2022 IMP development. 13 YEAR DISTRICT STREET TO FROM WORK PLANNED PROGRAM 2021 1 Bartlett Krejci Ln Saxet S Reconstruction RSRP 2021 1 Beckworth Oregon Trail Dead End Rehabilitation RSRP 2021 1 Brookhaven Mc Burnett Hwy 77 Rehabilitation In House 2021 1 Brookhill Mc Burnett Shelton Rehabilitation In House 2021 1 Brookhollow Mc Burnett Deepwater Rehabilitation In House 2021 1 Brooklane Deepwater Country Dawn Rehabilitation In House 2021 1 Brookside Mc Burnett Country Dawn Rehabilitation In House 2021 1 Castle Knoll Castle Ridge Castle Ridge Rehabilitation RSRP 2021 1 Castle Knoll Cir Castle Ridge Dead End Rehabilitation RSRP 2021 1 Country Dawn Brookside Sunnyville Rehabilitation In House 2021 1 Country Estate Mc Burnett Cox Rehabilitation In House 2021 1 Countryside Cir Brookhill Dead End Rehabilitation In House 2021 1 Cox Cir Country Estate Selton Rehabilitation In House 2021 1 Creek View Dr Shallow Creek Dr Wood Creek Dr Rehabilitation RSRP 2021 1 Deepwater Cir Brooklane Dead End Rehabilitation In House 2021 1 Hampshire Padre Island Dr Benys Rehabilitation RSRP 2021 1 Hearn Cir Hearn Rd Dead End Rehabilitation In House 2021 1 Heizer Westview Mc Kinzie Rd Reconstruction RSRP 2021 1 Kimberly Dr Shelton Country Dawn Rehabilitation In House 2021 1 Mc Burnett Perry Brookside Rehabilitation In House 2021 1 Mountain View Leopard Chamizal Reconstruction RSRP 2021 1 Nida Dr Leopard Heizer Reconstruction RSRP 2021 1 Pecos River Wood River Dr Guadalupe River Rehabilitation SPMP 2021 1 Pistola Ave Shelton Dead End Rehabilitation In House 2021 1 Red River Wood River Dr River Hill Rehabilitation SPMP 2021 1 River Hill Dr Fm 624 Private Driveway Rehabilitation SPMP 2021 1 S Country Club Up River Rd Interstate 37 Reconstruction RSRP 2021 1 San Saba Concho Comal Rehabilitation RSRP 2021 1 Seadog Cir Carencia Dead End Rehabilitation In House 2021 1 Seventeenth Expressway Marguerite Rehabilitation RSRP 2021 1 Shawnee St Baldwin St Lou St Rehabilitation RSRP 2021 1 Shelton Cox Dead End Rehabilitation In House 2021 1 Thoreau Beal Dead End Rehabilitation RSRP 2021 1 Up River St Fair Oaks Mc Kinzie Rd Rehabilitation SPMP 2021 1 Wood River Fm 624 Beal Rehabilitation SPMP 2021 2 Atlantic Ocean Dr Sixteenth Rehabilitation In House 2021 2 Ayers St Clemmer Port‐Ayers/Alexander Rehabilitation SPMP 2021 2 Belton Reynosa Greenwood Reconstruction RSRP 2021 2 Chamberlain Swantner Lawnview Rehabilitation RSRP 2021 2 Chester Redwood Robinhood Rehabilitation In House 2021 2 Cuiper Naples Ayers Reconstruction RSRP 2021 2 Dody Staples Redwood Rehabilitation In House 2021 2 Florida Kosar Normandy Reconstruction RSRP 2021 2 Kostoryz Brawner Sunnybrook Preservation Concrete 2021 2 Mac Arthur Nimitz Presa Rehabilitation RSRP 2021 2 Monitor Mc Ardle Lamont Rehabilitation In House 2021 2 Nottingham Robinhood Redwood Rehabilitation In House 2021 2 Redwood Dolphin Weber Rehabilitation In House 2021 2 Robinhood Sherwood Weber Rehabilitation In House 2021 2 Sherwood Robinhood Redwood Rehabilitation In House 2021 2 Soledad Greenwood Carver Rehabilitation In House 2021 2 Southern Ocean Dr Sixteenth Rehabilitation In House 2021 2 Staples S Gollihar Barracuda Preservation SPMP 2021 2 Staples St Barracuda Brawner Preservation Concrete 2021 2 Warwick Robinhood Nottingham Rehabilitation In House 2021 3 Barrera Bloomington Villareal Rehabilitation RSRP 2021 3 Boca Raton Congressional Pebble Beach Rehabilitation RSRP 2021 3 Bowie St Sokol Santa Ana St Rehabilitation RSRP 2021 3 Brett Weber Rd Jean Reconstruction RSRP 2021 3 Carolyn Dr Ayers Hwy 286 Rehabilitation In House 2021 3 Deepdale Coral Ridge Pebble Beach Rehabilitation RSRP 2021 3 Delgado Castenon Salazar Reconstruction RSRP 2021 Infrastructure Management Plan (IMP) Street List 2021 IMP Street List 10/2/2020 1 YEAR DISTRICT STREET TO FROM WORK PLANNED PROGRAM 2021 3 Dryer Cir Riverton Langton Ave Reconstruction RSRP 2021 3 Dunbrook Weber Rd Locke Ln Rehabilitation RSRP 2021 3 El Monte St Pamona Victor Lara Ortegon Rehabilitation RSRP 2021 3 Elmdale Dunbrook Wickersham Rehabilitation In House 2021 3 Etring Ayers Dead End Rehabilitation In House 2021 3 Flynn Pkwy Stonegate Way Bonner Dr Rehabilitation SPMP 2021 3 Frederick Ayers Hwy 286 Rehabilitation In House 2021 3 Garden Dr Juarez Vestal Rehabilitation In House 2021 3 Golden Gate Cir Old Brownsville Dead End Reconstruction RSRP 2021 3 Green Acres Green Tree Dead End Rehabilitation RSRP 2021 3 Green Lane Green Tree Dead End Reconstruction RSRP 2021 3 Green Leaf Green Tree Dead End Reconstruction RSRP 2021 3 Harvard Prescott Vitemb Rehabilitation RSRP 2021 3 Holly Rd Airline Rd Everhart Rd Preservation SPMP 2021 3 Jean Padre Island Dr Dead End Reconstruction RSRP 2021 3 Joyce Ayers Hwy 286 Rehabilitation In House 2021 3 Juarez Castenon Salazar Rehabilitation In House 2021 3 Killarmet Cir E Killarmet Dead End Rehabilitation RSRP 2021 3 Killarmet Cir W Killarmet Dead End Rehabilitation RSRP 2021 3 Kostoryz Sunnybrook Parde Islande Dr Preservation Concrete 2021 3 Langton Ave Darcey Dr Dryer Cir Reconstruction RSRP 2021 3 Mansheim Orchid Dead End Rehabilitation In House 2021 3 Monitor Padre Island Dr Mc Ardle Rd Rehabilitation In House 2021 3 Prescott Salazar Golihar Rehabilitation In House 2021 3 Prescott Trojan Salazar Rehabilitation In House 2021 3 Riverton Dryer Cir Archdale Reconstruction RSRP 2021 3 Salazar Juarez Prescott Rehabilitation In House 2021 3 Stonegate Way Flynn Pkway Bonner Dr Rehabilitation SPMP 2021 3 Sullivan Eklund Dead End Reconstruction RSRP 2021 3 Trojan Castenon St Sh 286 Rehabilitation SPMP 2021 3 Vestal Mansheim Gollihar Rehabilitation In House 2021 3 Wickersham Weber Dead End Rehabilitation In House 2021 4 Aberdeen Ocean Dr Center Rehabilitation In House 2021 4 Angelo Dr Santa Fe Beverly Reconstruction RSRP 2021 4 Aransas St Ropes Dead End Rehabilitation In House 2021 4 Beverly Angelo Santa Fe Reconstruction RSRP 2021 4 California San Antonio Denver Rehabilitation In House 2021 4 Center Dr Circle Everhart Rehabilitation In House 2021 4 Circle Dr Ocean Dr Center Rehabilitation In House 2021 4 Cordula San Antonio Denver Rehabilitation In House 2021 4 Cruisier White Cap Blvd Encantada Rehabilitation In House 2021 4 Denver Rossiter Dead End Rehabilitation In House 2021 4 Denver Doddridge Jackson Rehabilitation RSRP 2021 4 Floyd St San Antonio Rossiter Rehabilitation In House 2021 4 Hustlin Hornet Debra Waldron Rehabilitation In House 2021 4 Kentner Canterbury Cape Cod Reconstruction RSRP 2021 4 King Phillip Cobo De Bara Dead End Rehabilitation RSRP 2021 4 Lansdown Harry Gollihar Reconstruction RSRP 2021 4 Manitou San Antonio Rossiter Rehabilitation In House 2021 4 Manitoulin Island Oso Pkwy Calgary Rehabilitation RSRP 2021 4 Micah St Flour Bluff Dr Isaiah Ct Rehabilitation RSRP 2021 4 Nile Dr Ennis Joslin Padre Island Dr Rehabilitation SPMP 2021 4 Ropes Ocean Dr Santa Fe Rehabilitation In House 2021 4 Rossiter Ocean Dr San Antonio Reconstruction RSRP 2021 4 San Antonio Rossiter Dead End Rehabilitation In House 2021 4 Santa Barbara San Antonio Denver Rehabilitation In House 2021 4 Saxony Orleans Briston Rehabilitation RSRP 2021 4 Sea Pines Dr Park Road 22 Dead End Rehabilitation SPMP 2021 4 Sinclair Ocean Dr Santa Fe Rehabilitation In House 2021 5 Annemasse St Queen Bess Dr York Crossing Blvd Rehabilitation RSRP 2021 5 Bobtail Dr Wild Fire Dr Bridgett Dr Rehabilitation RSRP 2021 5 Cotton Club Dr Savoy St Meadowbreeze Rehabilitation RSRP 2021 5 Durant Dr Scabbard Dr Dewberry Dr Rehabilitation RSRP 2021 5 Greenbriar St Andrew St Andrew Rehabilitation In House 2021 IMP Street List 10/2/2020 2 YEAR DISTRICT STREET TO FROM WORK PLANNED PROGRAM 2021 5 Halfpenny Brockhampton Hampton Rehabilitation RSRP 2021 5 Hampton Dead End Brockhampton Rehabilitation RSRP 2021 5 Holly Rd Airline Rd Everhart Rd Preservation SPMP 2021 5 Inverness Dr Iroquois Dr Timbergate Reconstruction RSRP 2021 5 Liverpool Brockhampton South Washam Rehabilitation SPMP 2021 5 Middlecoff Everhart Dead End Rehabilitation In House 2021 5 Middlecoff Acushnet Everhart Rehabilitation SPMP 2021 5 North Washam Cimarron South Washam Rehabilitation SPMP 2021 5 Scotch Moss Wooldridge Rd Cinnamon Oak Reconstruction RSRP 2021 5 South Washam North Washam Liverpool Rehabilitation SPMP 2021 5 Spohn Staples S Esplanade Rehabilitation SPMP 2021 5 Spohn South Saratoga Spohn Dr Rehabilitation SPMP 2021 5 St Andrews Wooldridge Ave Greenbriar Rehabilitation In House 2021 5 Stony Brook Boston Dr Spring Brook Rehabilitation RSRP 2021 5 Thames Williams Dr Spencer Reconstruction RSRP 2021 5 Venice Drive Yorktown Blvd Megal Drive Rehabilitation RSRP 2021 5 Woodgate Heavensgate Northgate Reconstruction RSRP 2021 DT Coleman Staples Upper Broadway Rehabilitation In House 2021 DT King Coleman Park Rehabilitation In House 2021 DT Park Ave Staples Shoreline Rehabilitation In House 2021 DT Sixth Coleman Park Rehabilitation In House 2021 DT Water St Born Ave I H 37 (W B) Rehabilitation SPMP 2021 IMP Street List 10/2/2020 3 YEAR DISTRICT STREET TO FROM WORK PLANNED PROGRAM 2022 1 Balboa Pine Baldwin Rehabilitation SPMP 2022 1 Baldwin Port Ave Frontage Rd Rehabilitation SPMP 2022 1 Blades Violet Cliff Crenshaw Rehabilitation In House 2022 1 Brendel Ln Violet Cliff Crenshaw Rehabilitation In House 2022 1 Buford Staples Shoreline Blvd Rehabilitation In House 2022 1 Butler St Violet Cliff Crenshaw Rehabilitation In House 2022 1 Clear Fork Red River Wood River Rehabilitation RSRP 2022 1 Cliff Crenshaw Willowood Creek Dead End Rehabilitation In House 2022 1 Dixon Petty Quaile Rehabilitation RSRP 2022 1 Fairview Up River Kenwood Reconstruction RSRP 2022 1 Furman Staples Shoreline Rehabilitation In House 2022 1 Guess Dr Violet Cliff Crenshaw Rehabilitation In House 2022 1 Hancock Water Staples S Rehabilitation In House 2022 1 La Branch Wilkins End Reconstruction RSRP 2022 1 Port Baldwin Morgan Rehabilitation SPMP 2022 1 Port N I H 37 Hwy 181 Preservation Concrete 2022 1 Randolph La Branch End Reconstruction RSRP 2022 1 Second St Craig Hancock Rehabilitation In House 2022 1 Silver Creek Dr Devil'S Crk Dr Dead End Reconstruction RSRP 2022 1 Sixth Craig Buford Rehabilitation In House 2022 1 Third St Craig Tancahua Rehabilitation In House 2022 1 Turkey Creek Rippling Creek Cliff Crenshaw Rehabilitation In House 2022 1 Vernon Dr Dona Dr Dona Dr Rehabilitation SPMP 2022 2 Baldwin Port Ave Frontage Rd Rehabilitation SPMP 2022 2 Catalina Staples S Alameda S Rehabilitation In House 2022 2 Delaine Grant Alameda S Rehabilitation In House 2022 2 Elizabeth Ocean Dr Staples Rehabilitation In House 2022 2 Ft Worth Catalina Wilshire Rehabilitation In House 2022 2 Grant Wilshire Alameda S Rehabilitation In House 2022 2 Ponder Staples Harrison Reconstruction RSRP 2022 2 Pope Doddridge Wilshire Rehabilitation In House 2022 2 Reid Dr Wilshire Doddridge Rehabilitation In House 2022 2 Second St Morgan Craig Rehabilitation In House 2022 2 Sixth Ayers St Craig Rehabilitation In House 2022 2 Texas Alameda S Staples Reconstruction RSRP 2022 2 Third St Elizabeth Craig Rehabilitation In House 2022 2 Weber Rd Staples S Mc Ardle Rd Rehabilitation SPMP 2022 2 Wilshire Pl Delaine Catalina Rehabilitation In House 2022 3 Alaniz Sokol Sacky Rehabilitation In House 2022 3 Balboa Baldwin Morgan Rehabilitation SPMP 2022 3 Bexar Dr Milam Dr Seguin Dr Rehabilitation In House 2022 3 Bonham St Sacky Sokol Rehabilitation In House 2022 3 Bowie St Sacky Sokol Rehabilitation In House 2022 3 Champions Boca Raton Pebble Beach Rehabilitation In House 2022 3 Congressional Everhart Capitol Rehabilitation SPMP 2022 3 Crest Circle Crestridge End Reconstruction RSRP 2022 3 Crestmeadow Crestwood Crestforrest Reconstruction RSRP 2022 3 Crestridge Kostoryz Crestwood Rehabilitation RSRP 2022 3 Crestwood Crestmeadow Cresthill Rehabilitation RSRP 2022 3 Dodd Padre Island Dr McArdle Reconstruction RSRP 2022 3 Green Park Green Point Green Gate Reconstruction RSRP 2022 3 Green Pass Green Park End Reconstruction RSRP 2022 3 Green Point Bear Lane End Reconstruction RSRP 2022 3 Johanna Ayers St Richter Rehabilitation In House 2022 3 Kingston Dr Weber Rd Panama Rehabilitation In House 2022 3 Milam Dr Sokol Dr Bexar Dr Rehabilitation In House 2022 3 Milo Ayers Richter Rehabilitation SPMP 2022 3 Nied Champions Donegal Rehabilitation In House 2022 3 Panama Carroll Ln Weber Rd Rehabilitation In House 2022 3 Pebble Beach Boca Raton Champions Rehabilitation In House 2022 3 Richter St Padre Island Dr Holly Rd Rehabilitation SPMP 2022 3 Sea Island Boca Raton Pebble Beach Rehabilitation In House 2022 Infrastructure Management Plan (IMP) Street List 2022 IMP Street List 10/2/2020 1 YEAR DISTRICT STREET TO FROM WORK PLANNED PROGRAM 2022 3 Seguin Dr Sokol Dr Bexar Dr Rehabilitation In House 2022 3 Sokol Kostoryz Bowie Rehabilitation SPMP 2022 3 Staples Holly Rd Williams Preservation Concrete 2022 4 Alazan Dr Hustlin' Hornet Dead End Rehabilitation In House 2022 4 Aquarius Commodores Das Marinas Rehabilitation SPMP 2022 4 Aquarius Topsail Whitecap Rehabilitation SPMP 2022 4 Baffin Bay Dr Hustlin' Hornet Dead End Rehabilitation In House 2022 4 Barataria Das Marinas White Cap Rehabilitation In House 2022 4 Beaufort Captain Kidd Dead End Rehabilitation In House 2022 4 Bird Island Dr Hustlin Hornet Baffin Bay Dr Rehabilitation In House 2022 4 Blackbeard Barataria White Cap Rehabilitation In House 2022 4 Bowspirit Captain Kidd Dead End Rehabilitation In House 2022 4 Caravel Brigantine St Dead End Rehabilitation In House 2022 4 Don Patricio Flour Bluff Dr Waldron Rehabilitation SPMP 2022 4 Gaines Robert Airline Rd Rehabilitation SPMP 2022 4 Harry Lansdown Everhart Reconstruction RSRP 2022 4 Hewit Dr S Hewit Hewit Rehabilitation RSRP 2022 4 Ivy Dr Hustlin' Hornet Dr Wilson St Rehabilitation In House 2022 4 Lansdown Wasley Harry Reconstruction RSRP 2022 4 Man O War Barataria Dead End Rehabilitation In House 2022 4 Mutiny Captain Kidd Dead End Rehabilitation In House 2022 4 Penescal Dr Bird Island Dr Dead End Rehabilitation In House 2022 4 Point Of Rocks Alazan Dr Dead End Rehabilitation In House 2022 4 Redfish Bay Dr Hustlin Hornet Baffin Bay Dr Rehabilitation In House 2022 4 Seafoam Caribbean Coral Ridge Reconstruction RSRP 2022 4 Vannoy Dr Alazan Dr Baffin Bay Dr Rehabilitation In House 2022 4 Yardarm White Cap Blvd Dead End Rehabilitation In House 2022 5 Airline Roddfield Woolridge Preservation SPMP 2022 5 Annemasse St Yorktown Blvd St Denis St Rehabilitation In House 2022 5 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YSHILLING WAYCRESTVILLA SARATOGA PA D R E I SL A N D SARATOGA SACKY CABANISS PADRE ISLAND PADRE ISLAND PA D R E I S L A N D P A D R E I S L A N DPADRE I S L A N D PADRE ISLAND LA C O S TA MONTEGO O S O PA D R E I SL A N D P A D R E I S L A N DPADRE I S L A N D PRAIRIESARATOGA HWY 286SARATOGAHWY 286BONNER O DAY PADRE ISLAND HULLPANAMA PADRE ISLAND SARATOGA DALYBRATTON YORKTOWN PADRE ISLAND O SO PADRE ISLAND WOLFPADRE ISLANDPADRE ISLAND YORKTOWN H WY 2 8 6 SARATOGA SARATOGA WILLIAMS C L A R E Legend 2021 2022 DISTRICT 5 DATE: September 30, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 CAPTION: Resolution amending City Council Policy 28 that outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement or asphalt pavement. SUMMARY: This resolution amends City Council Policy 28 which outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement (PCC) or asphalt pavement (HMAC). This policy must be updated annually. The policy updates include an emphasis on including the evaluation of the geotechnical soil conditions and recommending the removal of the residential streets from this policy. BACKGROUND AND FINDINGS: Prior to Bond 2008 the City would typically design arterial road reconstruction projects with HMAC pavement. With Bond 2008, the City began to bid some of the arterial streets with both HMAC and PCC pavement designs, resulting in multiple bid awards for the PCC pavement alternative. In 2013, the City upgraded the pavement design standards to a 30 -year design life using the Association of State Highway Transportation Officials Guide for Design of Pavement Structures. The change in design criteria, combined with market forces, created an environment where PCC became much more competitive with HMAC. In 2016, the City began designing and bidding all arterial Bond projects with both HMAC and PCC pavement alternatives. Resolution Amending City Council Policy 28 – Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement AGENDA MEMORANDUM Action Item for the City Council Meeting of October 27, 2020 In 2016, the practice was to design both HMAC and PCC using a 30-year design life and award the bid to the lower cost pavement alternative. Bidding projects utilizing both PCC and HMAC designs enhanced competition among contractors and reduced costs. Several projects received lower bids for the PCC pavement alternative. In early 2017, at council request, Engineering Services staff performed a life cycle cost analysis comparing a proposed maintenance plan with the City’s existing HMAC maintenance plan. The results of that cost analysis validated the belief that PCC offered reduced maintenance costs over HMAC. The analysis indicated that the City should be willing to pay an additional $100,000 per lane mile for PCC pavement based on maintenance savings. Staff adopted a policy recommending award of the P CC alternative if it was within $100,000 per lane mile of the HMAC alternative. That policy was communicated to City Council in a memo dated June 2, 2017 and was applied to all bids. In April 2019, an updated memo addressed a question raised at the September 18, 2018 City Council meeting during discussions about the Rodd Field Road Improvement Project award. That project was bid with both HMAC and PCC pavement alternatives. The HMAC alternative was awarded; however, council had a question as to whether the $100,000 per lane mile adequately reflected the value of maintenance savings from PCC pavement. This policy was last updated on July 16, 2019 as a result. Freese and Nichols, Inc. was tasked with re-evaluating the life cycle cost analysis between HMAC and PCC pavements and providing a letter report with recommendations resulting in three cost range options for bid award recommendations. Upon the review of the recommendations, Engineering Services concluded the ana lysis warranted increasing the previous cost per lane mile from $100,000 to $125,000 . For the FY 2021 policy update, Public Works contracted with Roadway Asset Services (RAS) to re-evaluate the life cycle cost analysis between HMAC and PCC pavements. RAS has the required experience for evaluating pavement networks and general performance. Scott Gordon, Principal Engineer and President, has over 30 years of experience in pavement evaluation, including providing similar services for 4 out of the 5 major cities in Texas. This policy update includes an emphasis on the evaluation of existing geotechnical soil conditions. Public Works proposes incorporating geotechnical testing in the design phase of the project to determine the plasticity index (PI) of the existing soil. The plasticity index is the size of the range of water contents where the soil exhibits plastic properties . As indicated in the recommendations from RAS, soils with a PI greater than 30 are characterized as an expansive soil. The expansiveness of clay soils will have a major impact on the performance of pavement structures. Pavements on clays soils must be designed with an additional stabilized layer, which should be accounted for in the initial design and capital expenses. Expansive soils will also require more frequent maintenance due to the higher percentage of cracking and differential movement anticipat ed and, in some cases, with different types of maintenance. HMAC pavements will likely require additional mill and overlay activities to correct differential movement and PCC pavements will likely require grinding and additional panel replacements due to t he differential movements. To determine an updated life cycle cost analysis, RAS has used maintenance actives, assigned costs to the activities, applied discount and inflation rates using a 40 - year analysis timeline. The details of this life cycle cost analysis can be found in Attachment A. The results from the RAS cost analysis indicated that the City should not use concrete pavement for arterial and collector streets on soils with a PI greater than 30. If the PI is less than 30 then this policy will be used to determine the selection of asphalt or concrete. Therefore, if the initial construction bid is within $128,000 per lane mile between HMAC and PCC, then PCC should be chosen. If the difference in initial construction bid is greater than $128,000, then HMAC should be chosen. With a minimal differential in price, Public Works recommends utilizing the existing $125,000 per lane mile for construction bids on arterial and collector roadway projects. An additional item for consideration in the selection of pavement surfaces should be the adjacent pavement types. In areas of PCC, prioritization should be given to PCC, similarly on areas with HMAC. For example, if a proposed project is adjacent to an existing PCC section, additional consideration will be given to PCC as the pavement selection for continuity. Additionally, this policy update reinforces previous recommendations of the elimination of residential streets from the evaluation of PCC. This is due to the general location of utilities in residential areas and lower traffic loads on residential streets. Typically, utilities are in the street. Street cuts needed to repair utility lines would result in costly repairs. At this time, it is not deemed financially advantageous to bid residenti al streets in PCC. Below is a summary of the recommendations from Public Works: 1. When the project contains a majority subgrade with a PI greater than 30 or deemed as a moderate to highly expansive soil by the design Geotechnical Engineer, the City should recommend HMAC. 2. When the cost difference of PCC is below $125,000/lane mile, the City should recommend PCC. 3. For residential projects, the City should recommend HMAC. 4. Other criteria to consider is if the adjacent pavement section is PCC, consideration should be given to providing a uniform surface type, at the discretion of the City Public Works staff. ALTERNATIVES: Do not approve this policy update and defer to the existing policy. FISCAL IMPACT: N/A RECOMMENDATION: Staff recommends approval of this policy update. LIST OF SUPPORTING DOCUMENTS: Presentation Roadway Asset Services, LLC (RAS) Letter Report 1 WHEREAS, Council Policy 28 specifies that the policy will be updated annually; WHEREAS, for the FY 2021 policy update, Public Works contracted with Roadway Asset Services (RAS) to re-evaluate the life cycle cost analysis between Asphalt (HMAC) and Concrete (PCC) pavements; WHEREAS, the FY 2021 policy update includes an emphasis on the evaluation of existing geotechnical soil conditions, specifically the plasticity index (PI) of the existing soil; WHEREAS, soils with a PI greater than 30 are characterized as expansive soil that will have a major impact on the performance of pavement structures and require more frequent maintenance due to a higher percentage of cracking and differential movement; WHEREAS, HMAC pavements will require additional mill and overlay activities to correct differential movement and PCC pavements will require grinding and additional panel replacements due to differential movement WHEREAS, to determine an updated life cycle cost analysis, RAS used maintenance activities, assigned costs to the activities, applied discount and inflation rates using a 40-year analysis timeline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Council Policy 28 is amended as follows: 28. – Award Guidelines for Arterial and Collector Streets with Concrete Pavement or Asphalt Pavement If the project contains a majority subgrade with a PI greater than 30 or deemed as moderate to highly expansive soil by the design Geotechnical Engineer, the asphalt pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. If the PI is less than 30 and If the construction cost for concrete pavement is within $125,000 per lane mile ($17.75/square yard), which should represent the future anticipated maintenance cost, of the asphalt pavement alternative, the concrete pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. This policy will be updated annually. . Resolution amending City Council Policy 28 that outlines the guidelines for awarding arterial and collector street construction contracts using concrete pavement or asphalt pavement 2 ATTEST: THE CITY OF CORPUS CHRISTI ______________________________ ______________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ of ___________________, 2020 The above resolution was passed by the following vote: Joe McComb ______________ Roland Barrera ______________ Paulette Guajardo ______________ Gil Hernandez ______________ Michael Hunter ______________ Ben Molina ______________ Everett Roy ______________ Greg Smith ______________ Roadway Asset Services, LLC 7913 Turnback Ledge Trail Lago Vista, TX 78645 214-789-9941 October 14, 2020 Richard Martinez Director Department of Public Works City of Corpus Christi 2525 Hygia Street Corpus Christi, TX 78469-9277 Dear Mr. Martinez: Roadway Asset Services, LLC (RAS) is pleased to submit this letter addressing the City of Corpus Christi pavement selection criteria when bidding street projects using both hot mix asphalt concrete (HMAC) and Portland Cement Concrete (PCC) pavement. The purpose of this letter was to provide additional criteria for consideration in design of street projects to streamline the decision process and to provide consideration of not only traffic loading conditions and Life Cycle Cost Analysis (LCCA), but also subgrade support characteristics and surrounding surface pavement types. In preparation of this project, we received the following documents for review: A memorandum from Freese and Nichols titled, “Pavement Selection Criteria”, dated April 22, 2019 A City of Corpus Christi Memorandum titled, “City Council Action Request (CCAR) – January 31, 2017 Bidding Street Bond Projects with Both Portland Cement Concrete (PCC) and Hot-Mix- Asphalt-Concrete (HMAC), dated February 2, 2017 A City of Corpus Christi Memorandum titled, “City Council Action Request (CCAR) – April 25, 2017 Bidding Street Bond Projects with Both Portland Cement Concrete (PCC) and Hot-Mix-Asphalt- Concrete (HMAC), dated June 2, 2017 A City of Corpus Christi Memorandum titled, “City Council Action Request (CCAR) – Hot-Mix- Asphalt-Concrete (HMAC) & Portland Cement Concrete (PCC) Pavements, dated April 22, 2019 Background Based upon review of the provided documents, we understand the City started designing and bidding street projects using both HMAC and PCC as part of the 2008 Bond program. Prior to 2008, the City would typically design arterial road reconstruction projects with HMAC pavement. In 2013 the City Council modified the pavement design standards with a 30-year design for both HMAC and PCC using the American Association of State Highway and Transportation Officials (AASHTO) Guide for Design of Pavement Structures. The market at the time allowed for more projects to be constructed with PCC. Then in 2016, the City began designing and bidding all arterial Bond projects with both HMAC and PCC alternatives and choosing the lower life cycle cost alternative. In 2017, Engineering Services provided a response to a City Council Action Request providing information on LCCA guidelines for evaluating both HMAC and PCC pavement designs for street project bids. The response provided information on the cost savings of selecting PCC with lower maintenance cost of approximately $100,000 per lane-mile, or $14,20 per square yard. This difference was used by staff to determine which pavement surface material to use based on project bids. If the PCC bid cost was within $100,000 of the HMAC bid, then PCC was chosen as the surface material. 2 In 2019 Freese and Nichols (FNI) provided a report with further analysis and guidelines into the decision process of using LCCA to determine which pavement surface to use for each project. The Freese and Nichols memo provided guidelines for using the Federal Highway Administration’s (FHWA) “Real Cost” program to perform the LCCA analysis. This memo also provided cost data and maintenance cycle guidelines for both HMAC and PCC alternatives. The Freese and Nichols memo also introduced a weighted decision matrix as a tool to determine which pavement surface to use when the difference between total project bid pricing for HMAC and PCC pavement alternatives falls between a specified range of cost. The matrix included such factors as Average Daily Traffic (ADT), Percentage of Trucks and Buses, Adjacent Development/# of Driveways, and Other Engineering Factors. Each factor was provided a weight factor to determine a total score for each alternative. Recommendations from the memo provided a new set of guidelines based on the LCCA performed as part of the design, with current data, and the following criteria: 1. When the cost difference of PCC is below $96,000 ($13,57/SY), the City should recommend PCC 2. When the cost difference of PCC is within the range of $96,000 ($13.57/SY) to $156,000 ($22.55/SY), the City should review the decision matrix to assist with the pavement recommendation (subject to availability of funds) 3. When the dost difference of PCC is above $156,000 ($22.55/SY), the City should recommend HMAC An April 2019 City Council Action Request Memo states that “Although Engineering Services agrees with using the FNI decision matrix to decide which projects are appropriate to bid with both PCC and HMAC, staff also believe adopting a bid award recommendation policy that is known in advance by bidders is a more fair and transparent process. FNI’s decision criteria are good to use in the Design Phase (not Bid Phase) when deciding whether it is appropriate to design and bid a project with both HMAC and PCC pavements.” The memo recommends Engineering Services raise the amount to $125,000 per lane mile ($17.75/square yard), which is approximately the midpoint of the range of $96,000 and $156,000 where FNI recommends applying the decision matrix. The City Council Action Request Memo, dated April 22, 2019, also states that “Engineering Services believe that most arterials are good candidates to design and bid with both PCC and HMAC pavement. Residential collectors and residential streets are not as good candidates for PCC due to factors listed in the FNI decision matrix as well as other factors.” Decision Criteria Updates In review of the 2019 Freese and Nichols report we believed the LCCA models could be revised to include guidelines for treatment applications based on our experience with pavement evaluations and deterioration curves. We wanted to incorporate some of the decision matrix issues into the LCCA to simplify this process and remove the need for the matrix system. We believe the average daily traffic and percentage truck issues are important issues to consider, but these factors are largely accounted for in the design of the pavement structure, which is the initial capital expense. The option that we thought would be most helpful in keeping this process simple would be to break the LCCA guidelines into two main categories based on arterial level streets and residential streets. With this division, the LCCA can consider 3 the different performance expectations and maintenance needs for each main distinction in traffic volumes. Based on our experience evaluating pavement networks and general performance, we believe residential pavements may have a longer service life due partially to the lower truck volume and most distresses being related to environmental factors and the tolerance of a slightly lower level of service than arterial streets. Residential streets require maintenance to enhance the performance with low traffic and exposure to the environmental elements, but often less structural repair. In contrast, arterial streets require more frequent maintenance and often more structural improvements, due to the heavier loading from traffic. The types of maintenance for arterial streets are different than those needed for residential streets. We developed two different approaches for maintenance for arterial and residential streets. In addition to the traffic impact, we believe the soil types, support characteristics, and expansive potential of clay soils also have a major impact on the performance of pavement structures. In our experience, pavements on clays soils must be designed with an additional stabilized layer, which should be accounted for in the initial design and capital expenses. However, due to deep wetting of the subgrade, expansive soils will also require more frequent maintenance due to the higher percentage of cracking and differential movement anticipated and, in some cases, different maintenance. HMAC pavements will likely require addition mill and overlay activities to correct differential movement and PCC pavements will likely require grinding and additional panel replacements due to the differential movements. A separate set of guidelines were developed for both the arterial and residential classifications of roadway for expansive soils. We characterize expansive soils as those exhibiting plasticity indices (PI) greater than 30. Laboratory tests and swell testing can be conducted to find specific characteristics of soil samples within each roadway, but a PI of 30 is largely considered as the threshold from low to moderate expansion potential among geotechnical engineers. We used typical maintenance treatments that the City of Corpus Christi would use for the various classifications of streets. We visited with the City Engineering Services staff to identify treatments, estimated costs per square yard, and when and how often they would typically apply these treatments for each level of roadway. We did not consider minor activities such as periodic pothole patching in the LCCA models and analysis as these costs are sporadic and negligible to the overall life cycle cost. The following tables present our recommended maintenance activities, year of application, and estimated cost for each treatment. Illustrations of the deterioration models used to develop the maintenance criteria and strategies are included in Appendix A of this report. Table 1 -PCC Arterials PCC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - PCC 0 * Reseal Joints and Cracks #1 7 $3 $21,120 Panel Replacement #1 (25%) 14 $80 $563,200 Reseal Joints and Cracks #2 18 $3 $21,120 Panel Replacement #2 (25%) 26 $80 $563,200 Reseal Joints and Cracks #3 29 $3 $21,120 Panel Replacement #3 (25%) 33 $80 $563,200 4 *Use Total Project Bid for PCC including all Utilities Table 2 - HMAC Arterials HMAC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - HMAC 0 * Surface Seal #1 5 $4 $28,160 Crack Seal #1 10 $1 $7,040 Mill and Overlay #1 15 $45 $316,800 Surface Seal #2 20 $4 $28,160 Crack Seal #2 23 $1 $7,040 Mill and Overlay #2 29 $45 $316,800 Surface Seal #3 35 $4 $28,160 *Use Total Project Bid for HMAC including all utilities Table 3 - PCC Arterials on Expansive Soils PCC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - PCC 0 * Reseal Joints and Cracks #1 5 $3 $21,120 Panel Replacement #1 (25%) 11 $80 $563,200 Reseal Joints and Cracks #2 14 $3 $21,120 Panel Replacement #2 (25%) 20 $80 $563,200 Diamond Grinding with Joint Replacement 25 $20 $140,800 Panel Replacement #3 (25%) 29 $80 $563,200 Reseal Joints and Cracks #3 32 $3 $21,120 *Use Total Project Bid for PCC including all Utilities Table 4 - HMAC Arterials with Expansive Soils HMAC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - HMAC 0 * Surface Seal #1 4 $4 $28,160 Crack Seal #1 8 $1 $7,040 Mill and Overlay #1 13 $45 $316,800 Surface Seal #2 17 $4 $28,160 Crack Seal #2 20 $1 $7,040 Mill and Overlay #2 25 $45 $316,800 Surface Seal #3 29 $4 $28,160 Mill and Overlay #3 33 $45 $316,800 5 *Use Total Project Bid for HMAC including all utilities Table 5 - PCC Residentials PCC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - PCC 0 * Reseal Joints and Cracks #1 9 $3 $21,120 Reseal Joints and Cracks #2 15 $3 $21,120 Reseal Joints and Cracks #3 20 $3 $21,120 Panel Replacement #1 (25%) 26 $80 $563,200 Reseal Joints and Cracks #4 35 $3 $21,120 *Use Total Project Bid for PCC including all Utilities Table 6 - HMAC Residentials HMAC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - HMAC 0 * HA5 seal #1 5 $5 $35,200 Crack Seal #1 15 $1 $7,040 Mill and Overlay #1 20 $45 $316,800 HA5 seal #2 24 $5 $35,200 Crack Seal #2 33 $1 $7,040 *Use Total Project Bid for HMAC including all utilities Table 7 - PCC Residentials on Expansive Soils PCC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - PCC 0 * Reseal Joints and Cracks #1 6 $3 $21,120 Reseal Joints and Cracks #2 15 $3 $21,120 Panel Replacement #1 (25%) 20 $80 $563,200 Diamond Grinding with Joint Replacement 27 $20 $140,800 Panel Replacement #2 (25%) 33 $80 $563,200 *Use Total Project Bid for PCC including all Utilities 6 Table 8 - HMAC Residentials with Expansive Soils HMAC Life Cycle Cost Activities Year Cost ($/SY) Cost ($/laneMile) Full Reconstruction - HMAC 0 * HA5 Seal #1 4 $5 $35,200 Crack Seal #1 11 $1 $7,040 Mill and Overlay #1 20 $45 $316,800 HA5 seal #2 24 $5 $35,200 Crack Seal #2 33 $1 $7,040 *Use Total Project Bid for HMAC including all utilities Life Cycle Cost Analysis (LCCA) Models We used a simple spreadsheet (modeled similar to the Federal Highway Administration’s “Real Cost” program, but more transparent and simple to follow) to evaluate the LCCA for the four categories (eight scenarios) developed using the split between arterials and residential streets, and non-expansive soils versus expansive soils for both HMAC and PCC pavements. The spreadsheet was used to model the assigned maintenance activities developed from the deterioration curves and assigned costs determined in the previous section for each activity based on the year of application. A 4.0% discount rate and 3.0% inflation rate were used to determine future costs and equate them to present worth value for a 40-year analysis per lane mile. A simple user fee was also accounted for based upon an assumed delay due to the activity and a simple cost per hour of the delay. The total present worth value was used for each scenario to determine the total 40-year maintenance cost anticipated per lane mile for each scenario. The difference between this maintenance cost per lane mile were used to develop new recommendations for when to choose PCC over HMAC based on the maintenance differential costs. Table 9 - LCCA Comparison of Alternatives PWV ($/lane mile) Difference PCC Arterial $472,190 HMAC Arterial $600,698 $128,509 PCC Arterial (Expansive) $605,053 HMAC Arterial (Expansive) $623,099 $18,046 PCC Residential $274,970 HMAC Residential $333,909 $58,938 PCC Residential (Expansive) $367,446 HMAC Residential (Expansive) $334,475 -$32,971 7 The results indicate that for arterial streets on soils with a PI less than 30, if the initial construction bid is within $128,000 ($18.18/SY) between HMAC and PCC, then PCC should be chosen. If the difference in initial construction bid is greater than $128,00, then HMAC should be chosen. A much lower level was found for arterials on expansive soils and in residential streets. For streets with expansive soils, where the PI of the majority of the soil is greater than 30 and defined as a moderate to high swell potential by the design Geotechnical Engineer, the LCCA models indicate a HMAC surface should be used for both arterial streets and residential streets. Further evaluation of the arterial streets shows the comparison of the alternatives based on agency costs and user costs. Figure 1 - Comparison of Agency and User Costs for Arterial Streets Complete results of all the LCCA evaluations for all eight scenarios are presented in Appendix B of this letter. Recommendations Based upon the results of our evaluations, we recommend the City adopt a simple process for making the decision between HMAC and PCC pavements when bidding street projects. We believe the initial division should separate projects between arterial/collector business streets and residential streets. The secondary division should then consider the supporting subgrade within the project, between expansive clay soils and non-expansive soils, based on the geotechnical design report, which will summarize the basic soil types in the project. We recommend defining the project as on expansive soils when most of the subgrade within the alignment contains a PI greater than 30, or as classified by the project Geotechnical Engineer as expansive soil. These two divisions divide potential projects into four categories. The first category is an arterial street on non-expansive soils. We recommend choosing PCC pavement when the bid price is within $128,000 per lane mile ($18.18/SY). This will allow a good portion of PCC pavements for the high traffic volume streets and provide a durable, lowest cost maintenance option for the street. The second category is an arterial street on expansive soils. We recommend choosing HMAC pavement when the subgrade soils contain mostly moderate to highly expansive soils. Design can account for some of the expansion potential of the soils and stabilized layers beneath the pavement structure can certainly reduce the risk and improve structural strength and performance. However, based upon the nature of expansive soils and the depth of potential wetting of the subgrade, expansion and vertical movement can 8 occur as deep as eight (8) feet below the pavement surface, or even deeper in extreme situations. This movement causes differential movement at PCC joints and uplift of all pavement surfaces in isolated heaves oriented perpendicular to traffic travel. The deterioration models were designed to account for this potential movement to model the maintenance that would be required for each pavement type. The LCCA results indicate the bid for a PCC pavement would need to be within $18,000 per lane mile to make sense to pave with PCC. Due to this low differential is maintenance cost, we recommend choosing HMAC for this category regardless of the bid price. The third and forth categories are for residential streets on non-expansive soils and expansive soils. The LCCA model for residential streets on non-expansive soils indicated if the PCC bid is within $59,000/lane mile, PCC should be chosen. The LCCA model for residential streets on expansive soils indicates there is no bid price that would make PCC a cheaper selection based upon the maintenance anticipated. Based upon the financial investments in the initial pavement structure and utilities, likelihood of cuts in the pavement for the numerous residential utility extensions, and the difficulty in reconstruction and maintenance of PCC in residential areas, we do not recommend selecting PCC in either these categories for residential streets. Based upon the results of the LCCA criteria and models established in this evaluation, we recommend the pavement surface material selection should be based on the following: 1. When the cost difference of PCC is below $128,000/lane mile ($18.18/SY), the City should recommend PCC. 2. When the project contains a majority subgrade with a PI greater than 30 or deemed as a moderate to highly expansive soil by the design Geotechnical Engineer, the City should recommend HMAC. 3. When the project is a residential street classification, for non-expansive and expansive subgrade soils, the City should recommend HMAC. 4. Other criteria to consider is if the adjacent pavement section is PCC, consideration should be given to providing a uniform surface type, at the discretion of the City Engineering Services staff. Thank you for the opportunity to provide professional services for the evaluation and development of recommendations for pavement selection criteria when bidding street projects using both hot mix asphalt concrete (HMAC) and Portland Cement Concrete (PCC) pavement. Please call if you have any questions regarding the recommendations provided in this letter. Respectfully submitted, G. Scot Gordon, PE, IAM President Roadway Asset Services, LLC (TxBPE firm # 22104) 9 Appendix A – Deterioration Models Figure A-1 - PCC Arterials Figure A-2 - HMAC Arterials 10 Figure A-3 - PCC Arterials with Expansive Soils Figure A-4 - HMAC Arterials with Expansive Soils 11 Figure A-5 - PCC Residentials Figure A-6 - HMAC Residentials 12 Figure A-7 - PCC Residentials with Expansive Soils Figure A-8 - HMAC Residentials with Expansive Soils 13 Appendix B – LCCA Results DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% PCC Arterial ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 30,000 UNIT AGENCY USER COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS Cost COST YEAR VALUE 0 0 $0.00 7 Reseal Joints and Cracks #1 $3.69 7,040 sq yds $25,974.94 7 User Delay Costs $1.23 250 hours $307.47 7 $26,282.40 $19,972.47 14 Panel Replacement #1 (25%) $121.01 1,760 sq yds $212,972.63 14 User Delay Costs $1.51 35,000 hours $52,940.64 14 $265,913.27 $153,558.29 18 Reseal Joints and Cracks #2 $5.11 7,040 sq yds $35,955.39 18 User Delay Costs $1.70 250 hours $425.61 18 $36,380.99 $17,958.68 26 Panel Replacement #2 (25%) $172.53 1,760 sq yds $303,648.05 26 User Delay Costs $2.16 35,000 hours $75,480.69 26 $379,128.74 $136,747.66 29 Reseal Joints and Cracks #3 $7.07 7,040 sq yds $49,770.66 29 User Delay Costs $2.36 250 hours $589.14 29 $50,359.80 $16,147.94 33 Panel Replacement #3 (25%) $212.19 1,760 sq yds $373,448.80 33 User Delay Costs $2.65 35,000 hours $92,831.73 33 $466,280.53 $127,804.78 $1,001,770.47 $222,575.29 $1,224,345.76 PRESENT WORTH = $472,189.82 UNIT COSTS Cost Units Delay (mins) Duration (days) Reseal Joints and Cracks $3.00 sq yd 0.5 1 Panel Replacement (25%) $80.00 sq yd 5 14 Diamond Grinding with joint replacment $20.00 sq yd 5 2 User Delay Costs $1.00 hour Fig. B-1 Life Cycle Cost Analysis 14 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% HMAC Arterial ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 30,000 UNIT AGENCY USER COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS Cost COST YEAR VALUE 0 0 $0.00 5 Surface Seal #1 $4.64 7,040 sq yds $32,645.16 5 User Delay Costs $1.16 250 hours $289.82 5 $32,934.98 $27,070.15 10 Crack Seal #1 $1.34 7,040 sq yds $9,461.17 10 User Delay Costs $1.34 250 hours $335.98 10 $9,797.15 $6,618.60 15 Mill and Overlay #1 $70.11 7,040 sq yds $493,564.08 15 User Delay Costs $1.56 2,500 hours $3,894.92 15 $497,459.00 $276,221.32 20 Surface Seal #2 $7.22 7,040 sq yds $50,860.09 20 User Delay Costs $1.81 250 hours $451.53 20 $51,311.62 $23,417.95 23 Crack Seal #2 $1.97 7,040 sq yds $13,894.05 23 User Delay Costs $1.97 250 hours $493.40 23 $14,387.45 $5,837.37 29 Mill and Overlay #2 $106.05 7,040 sq yds $746,559.95 29 User Delay Costs $2.36 2,500 hours $5,891.41 29 $752,451.37 $241,274.60 35 Surface Seal #3 $11.26 7,040 sq yds $79,238.37 35 User Delay Costs $2.81 250 hours $703.47 35 $79,941.83 $20,258.50 $1,426,222.87 $12,060.52 $1,438,283.39 PRESENT WORTH = $600,698.49 UNIT COSTS Cost Units Delay (mins) Duration (days) Surface Seal $4.00 sq yd 0.5 1 Crack Seal $1.00 sq yd 0.5 1 Mill and Overlay $45.00 sq yd 5 1 HA5 $5.00 sq yd 0.5 1 User Delay Costs $1.00 hour Fig. B-2 Life Cycle Cost Analysis 15 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% PCC Arterial (Expansive) ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 30,000 UNIT AGENCY USER COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS Cost COST YEAR VALUE 0 0 $0.00 5 Reseal Joints and Cracks #1 $3.48 7,040 sq yds $24,483.87 5 User Delay Costs $1.16 250 hours $289.82 5 $24,773.69 $20,362.16 11 Panel Replacement #1 (25%) $110.74 1,760 sq yds $194,900.13 11 User Delay Costs $1.38 35,000 hours $48,448.19 11 $243,348.31 $158,074.42 14 Reseal Joints and Cracks #2 $4.54 7,040 sq yds $31,945.89 14 User Delay Costs $1.51 250 hours $378.15 14 $32,324.04 $18,666.33 20 Panel Replacement #2 (25%) $144.49 1,760 sq yds $254,300.46 20 User Delay Costs $1.81 35,000 hours $63,213.89 20 $317,514.36 $144,909.41 25 Diamond Grinding with Joint Replacement$41.88 7,040 sq yds $294,803.93 25 User Delay Costs $2.09 5,000 hours $10,468.89 25 $305,272.82 $114,512.96 29 Panel Replacement #3 (25%) $188.53 1,760 sq yds $331,804.42 29 User Delay Costs $2.36 35,000 hours $82,479.79 29 $414,284.22 $132,840.82 32 Reseal Joints and Cracks #3 $7.73 7,040 sq yds $54,385.75 32 User Delay Costs $2.58 250 hours $643.77 32 $55,029.52 $15,686.60 $1,186,624.46 $205,922.50 $1,392,546.96 PRESENT WORTH = $605,052.71 UNIT COSTS Cost Units Delay (mins) Duration (days) Reseal Joints and Cracks $3.00 sq yd 0.5 1 Panel Replacement (25%) $80.00 sq yd 5 14 Diamond Grinding with joint replacment $20.00 sq yd 5 2 User Delay Costs $1.00 hour Fig. B-3 Life Cycle Cost Analysis 16 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% HMAC Arterial (Expansive) ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 30,000 UNIT AGENCY USER COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS Cost COST YEAR VALUE 0 0 $0.00 4 Surface Seal #1 $4.50 7,040 sq yds $31,694.33 4 User Delay Costs $1.13 250 hours $281.38 4 $31,975.71 $27,332.97 8 Crack Seal #1 $1.27 7,040 sq yds $8,918.06 8 User Delay Costs $1.27 250 hours $316.69 8 $9,234.75 $6,747.74 13 Mill and Overlay #1 $66.08 7,040 sq yds $465,231.48 13 User Delay Costs $1.47 2,500 hours $3,671.33 13 $468,902.81 $281,610.88 17 Surface Seal #2 $6.61 7,040 sq yds $46,544.19 17 User Delay Costs $1.65 250 hours $413.21 17 $46,957.40 $24,106.67 20 Crack Seal #2 $1.81 7,040 sq yds $12,715.02 20 User Delay Costs $1.81 250 hours $451.53 20 $13,166.55 $6,009.04 25 Mill and Overlay #2 $94.22 7,040 sq yds $663,308.85 25 User Delay Costs $2.09 2,500 hours $5,234.44 25 $668,543.29 $250,781.82 30 Surface Seal #3 $9.71 7,040 sq yds $68,351.71 30 User Delay Costs $2.43 250 hours $606.82 30 $68,958.53 $21,261.20 34 Crack Seal #3 $2.73 7,040 sq yds $19,232.61 34 User Delay Costs $2.73 250 hours $682.98 34 $19,915.59 $5,248.80 $1,315,996.25 $11,658.38 $1,327,654.64 PRESENT WORTH = $623,099.12 UNIT COSTS Cost Units Delay (mins) Duration (days) Surface Seal $4.00 sq yd 0.5 1 Crack Seal $1.00 sq yd 0.5 1 Mill and Overlay $45.00 sq yd 5 1 HA5 $5.00 sq yd 0.5 1 User Delay Costs $1.00 hour Fig. B-4 Life Cycle Cost Analysis 17 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% PCC Residential ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 2,000 UNIT COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS COST YEAR VALUE 0 0 $0.00 9 Reseal Joints and Cracks #1 $3.91 7,040 sq yds $27,556.81 9 User Delay Costs $1.30 17 hours $21.75 9 $27,578.56 $19,376.33 15 Reseal Joints and Cracks #2 $4.67 7,040 sq yds $32,904.27 15 User Delay Costs $1.56 17 hours $25.97 15 $32,930.24 $18,284.99 20 Panel Replacement #1 (25%) $144.49 1,760 sq yds $254,300.46 20 User Delay Costs $1.81 933 hours $1,685.70 20 $255,986.17 $116,828.74 26 Reseal Joints and Cracks #3 $6.47 7,040 sq yds $45,547.21 26 User Delay Costs $2.16 17 hours $35.94 26 $45,583.15 $16,441.35 32 Panel Replacement #2 (25%) $206.01 1,760 sq yds $362,571.65 32 User Delay Costs $2.58 933 hours $2,403.41 32 $364,975.06 $104,039.04 PRESENT WORTH = $274,970.46 UNIT COSTS Cost Units Delay (mins) Duration (days) Reseal Joints and Cracks $3.00 sq yd 0.5 1 Panel Replacement (25%) $80.00 sq yd 2 14 Diamond Grinding with joint replacment $20.00 sq yd 2 2 User Delay Costs $1.00 hour Fig. B-5 Life Cycle Cost Analysis 18 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% HMAC Residential ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 2,000 UNIT COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS COST YEAR VALUE 0 0 $0.00 5 HA5 Seal #1 $5.80 7,040 sq yds $40,806.45 5 User Delay Costs $1.16 33 hours $38.64 5 $40,845.09 $33,571.69 15 Crack Seal #1 $1.56 7,040 sq yds $10,968.09 15 User Delay Costs $1.56 17 hours $25.97 15 $10,994.06 $6,104.61 20 Mill and Overlay #1 $81.28 7,040 sq yds $572,176.04 20 User Delay Costs $1.81 33 hours $60.20 20 $572,236.24 $261,161.15 24 HA5 Seal #2 $10.16 7,040 sq yds $71,554.35 24 User Delay Costs $2.03 33 hours $67.76 24 $71,622.11 $27,941.32 33 Crack Seal #2 $2.65 7,040 sq yds $18,672.44 33 User Delay Costs $2.65 17 hours $44.21 33 $18,716.65 $5,130.12 PRESENT WORTH = $333,908.89 UNIT COSTS Cost Units Delay (mins) Duration (days) Surface Seal $4.00 sq yd 0.5 1 Crack Seal $1.00 sq yd 0.5 1 Mill and Overlay $45.00 sq yd 1 1 HA5 $5.00 sq yd 1 1 User Delay Costs $1.00 hour Fig. B-6 Life Cycle Cost Analysis 19 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% PCC Residential (Expansive) ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 2,000 UNIT COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS COST YEAR VALUE 0 0 $0.00 6 Reseal Joints and Cracks #1 $3.58 7,040 sq yds $25,218.38 6 User Delay Costs $1.19 17 hours $19.90 6 $25,238.29 $19,946.18 15 Reseal Joints and Cracks #2 $4.67 7,040 sq yds $32,904.27 15 User Delay Costs $1.56 17 hours $25.97 15 $32,930.24 $18,284.99 20 Panel Replacement #1 (25%) $144.49 1,760 sq yds $254,300.46 20 User Delay Costs $1.81 1,400 hours $2,528.56 20 $256,829.02 $117,213.41 27 Diamond Grinding with Joint Replacement$44.43 7,040 sq yds $312,757.49 27 User Delay Costs $2.22 200 hours $444.26 27 $313,201.75 $108,623.56 33 Panel Replacement #2 (25%) $212.19 1,760 sq yds $373,448.80 33 User Delay Costs $2.65 1,400 hours $3,713.27 33 $377,162.07 $103,377.93 PRESENT WORTH = $367,446.07 UNIT COSTS Cost Units Delay (mins) Duration (days) Reseal Joints and Cracks $3.00 sq yd 0.5 1 Panel Replacement (25%) $80.00 sq yd 3 14 Diamond Grinding with joint replacment $20.00 sq yd 3 2 User Delay Costs $1.00 hour Fig. B-7 Life Cycle Cost Analysis 20 DATE:10/9/2020 INFLATION RATE:3.00% TITLE:Corpus Christi DISCOUNT RATE:4.00% HMAC Residential (Expansive) ANALYSIS PERIOD:40 years PROJECT SIZE:7,040 square yards Assumed ADT: 2,000 UNIT COSTS BY PRESENT YEAR OPTION COST QUANTITY UNITS COST YEAR VALUE 0 0 $0.00 4 HA5 Seal #1 $5.63 7,040 sq yds $39,617.91 4 User Delay Costs $1.13 33 hours $37.52 4 $39,655.43 $33,897.63 11 Crack Seal #1 $1.38 7,040 sq yds $9,745.01 11 User Delay Costs $1.38 17 hours $23.07 11 $9,768.08 $6,345.16 20 Mill and Overlay #1 $81.28 7,040 sq yds $572,176.04 20 User Delay Costs $1.81 33 hours $60.20 20 $572,236.24 $261,161.15 24 HA5 Seal #2 $10.16 7,040 sq yds $71,554.35 24 User Delay Costs $2.03 33 hours $67.76 24 $71,622.11 $27,941.32 33 Crack Seal #2 $2.65 7,040 sq yds $18,672.44 33 User Delay Costs $2.65 17 hours $44.21 33 $18,716.65 $5,130.12 PRESENT WORTH = $334,475.38 UNIT COSTS Cost Units Delay (mins) Duration (days) Surface Seal $4.00 sq yd 0.5 1 Crack Seal $1.00 sq yd 0.5 1 Mill and Overlay $45.00 sq yd 1 1 HA5 $5.00 sq yd 1 1 User Delay Costs $1.00 hour Fig. B-8 Life Cycle Cost Analysis DATE: September 10, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond III, CBO, AIA, Director, Development Services alraymond@cctexas.com (361) 826 - 3276 CAPTION: Resolution authorizing an extensions for a period not to exceed 12 months of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement not to exceed $109,354.20 for installation of a water arterial transmission and grid main line, and extension of a Developer Participation Agreement not to exceed $207,386.85 for partial construction of Oso Parkway with MPM Development, LP for a planned residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. (District 5) SUMMARY: MPM Development, LP is required to install a 12-inch water arterial grid main line extension in order to provide adequate water to a proposed residential subdivision development. The developer also is required to construct a portion of South Oso Parkway as part of the development of the subdivision. The developer has an approved reimbursement agreement and participation agreement to construct the required public improvements. Both agreements expire on November 7, 2020. This motion will extend the performance date for both agreements to November 7, 2021. BACKGROUND AND FINDINGS: MPM Development LP had requested, and was approved for, a Reimbursement Agreement for the extension of a 12-inch grid main waterline in order to provide adequate water to the property. The amount approved from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund for reimbursement is $109,354.20. MPM Development, L.P, also has a Developer Participation Agreement to extend Oso Parkway, near the planned project. The developer is required to construct a larger street to meet UTP Street standards and the City is participating in the street construction for Oso Parkway. The participation agreement includes street improvements, curb and gutter, and sidewalk installation. The Amend Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and Developer Participation Agreement for Royal Creek Estates Unit 7 to extend the expiration date for MPM Development, LP. AGENDA MEMORANDUM Action Item for City Council Meeting 10/27/20 developer will be reimbursed from funds available from fund No. 3701 Developer Participation BD12 for this portion of the street improvement, not to exceed $207,386.85. MPM Development, LP. is requesting a 12-month performance date extension on both the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and the Developer Participation Agreement to November 7, 2021. This extension will allow for additional time to complete the improvements associated with Royal Creek Estates Unit 7. ALTERNATIVES: Deny the request and unencumber the funds to allow other developers with more mature projects access to the funds. MPM Homes LP can always reapply for participation and reimbursement agreements when this project is more mature and closer to the construction stage. FISCAL IMPACT: Water Distribution Main Trust Funds and Developer Participation Funds will not change with this addendum. The encumbered funds for these projects will remain encumbered and future public improvement projects should not be affected. The reimbursement agreement amount is for $109,354.20 and is currently encumbered in the Water Arterial Transmission and Grid Main Trust Fund. The participation agreement amount is for $207,386.85 and the funds are encumbered and are part of Bond 2012. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff Recommends Approval of the extension of both agreements. The agreements are helping to facilitate the build out of a residential subdivision and associated infrastructure. LIST OF SUPPORTING DOCUMENTS: Resolution (with Amendment to Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and Amendment to Participation Agreement) Presentation Location map Resolution authorizing extensions for a period not to exceed 12 months, of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement not to exceed $109,354.20 for installation of a water arterial transmission and grid main line, and extension of a Developer Participation Agreement not to exceed $207,386.85 for partial construction of Oso Parkway with MPM Development, LP for a planned residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a 12-month performance date extension to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement for installation of a Water Arterial Transmission and Grid Main Line and Participation Agreement for partial construction of Oso Parkway (“Amendments”) attached hereto, with MPM Development for a planned residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement and Participation Agreement with MPM Development, LP To Extend the Performance Date Amendment to Agreements City Council October 27, 2020 2 Vicinity Map 3 Reimbursement Agreement •MPM Development, LP. Entered into a Water Transmission and Grid Main Construction and Reimbursement Agreement on November 7, 2017 for a period of 12 months. •1187 linear feet of 12-inch water main extension is to be installed to support the future residential subdivision. •The proposed 12-inch water main extension conforms to the Water Master Plan. •Total reimbursement amount authorized in the agreement is $109,354.20. •This is the third extension request for this agreement. •The developer has stated that the required work outlined in agreement was not started due to economic conditions in 2019 and the COVID-19 crisis in 2020. 4 Participation Agreement •MPM Development, LP. Entered into a Participation Agreement with the City to extend Oso Parkway on November 7, 2017 for a period of 24 months. •City is requiring the developer to construct a larger street, including the street curb, gutter and 4-foot wide sidewalk to meet UTP standards as part of the public improvements associated with the proposed development. •Total reimbursement amount authorized in the agreement is $207,386.85. •This is the second extension request for this agreement. •The developer has stated that the required work outlined in agreement was not started due to economic conditions in 2019 and the COVID-19 crisis in 2020. 5 Approval The extension of the reimbursement agreement is in accordance with UDC Section 8.5.1 Water Trust Fund and the extension of the participation agreement is in accordance with UDC Section 8.4 City Participation and Drainage Crossings. Recommendation AGENDA MEMORANDUM Action Item for City Council Meeting October 27, 2020 DATE: 10/12/2020 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Grant Monitoring Director rudyb@cctexas.com 361.826.3021 CAPTION: Resolution approving Amendment No. 2 to extend the term of this agreement to September 30, 2021 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program – Homebuyer Assistant Program. SUMMARY: On April 1, 2018, an agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City’s Housing and Community Development Department was initiated to assist qualified homebuyers in down payment assistance for the purchase of a new or pre-existing home. Amendment No. 1 to this agreement was executed in November 2019 and expires at the end of September. This second amendment will provide the necessary time extension to allow the remaining $53,149.22 to be fully expended. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Grant Monitoring Development receives funding to provide certain programs from the Type A Board and City Council. These funds have been used and will continue to be used to support the Homebuyer Assistance Program which assists qualified homebuyers who are 80% or below the Area Median Income with up to $10,000 in down payment assistance for the purchase of a new or pre-existing home. The Agreement began April 1, 2018. The first extension occurred with Amendment No. 1 and was executed in November of 2019 is set to expire at the end of this month. This second amendment will extend the agreement until September 30, 2021. Additionally, this agreement includes a provision regarding the reporting in which HCD staff will provide the Type A Board with Quarterly updates following the end of each quarter which will include: the number of loans processed the number of applicants the number of hours spent reviewing and processing loan applications during the preceding quarter the termination of this Agreement by giving at least 30 days’ written notice of either party’s intent to terminate Resolution approving a Homebuyer Assistance Program Amendment No. 2 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. ALTERNATIVES: The extension of the term from this Amendment No. 2 will allow the remaining funds from the Homebuyer Assistance Program to be fully expended. FISCAL IMPACT: Approving this item will result in the continuation of the program. The available balance in this program is $53,149.22. Funding Detail: Fund: 1140 – Economic Development Organization/Activity: 15000 – Affordable Housing Mission Element: 132 – Revitalize and Stabilize Neighborhoods Project # (CIP Only): N/A Account: 530000 – Professional Services RECOMMENDATION: It is the recommendation of the Grant Monitoring Department to approve the 2nd amendment to the agreement. LIST OF SUPPORTING DOCUMENTS: Resolution Amendment No. 2 to the Agreement for Affordable Housing Program – Homebuyer Assistance Program Page 1 of 2 RESOLUTION APPROVING AMENDMENT NO. 2 TO EXTEND THE TERM OF THIS AGREEMENT TO SEPTEMBER 30, 2021 BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM – HOMEBUYER ASSISTANCE PROGRAM WHEREAS, on April 16, 2018, the Board of the Corpus Christi Business and Job Development Corporation (the” Board”) approved an Agreement with the City to fund a Homebuyer Assistance Program for citizens seeking affordable housing assistance (the “Agreement”); and WHEREAS, the City of Corpus Christi (the “City”), through its Grant Monitoring Department (“Department”), manages the Homebuyer Assistance Program which is funded with Type A tax funds committed by the Board: and WHEREAS, the Board and the City desire to extend the term of the original Agreement through April 1, 2020 so that citizens who qualify for affordable housing assistance may continue to receive assistance under the Homebuyer Assistance Program. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Amendment No. 2 to the Agreement between the Corpus Christi Business and Job Development Corporation and the City, a copy of which is attached hereto as Exhibit “A” is hereby authorized, ratified and approved. SECTION 2. The City Manager, or designee, is authorized to execute an Amendment between the Board and the City for the Type A Affordable Housing Program – Homebuyer Assistance Program. SECTION 3. A copy of the executed amendment shall be filed in the office of the City Secretary. PASSED AND APPROVED on the ______ day of _________, 2020: Page 2 of 2 Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM – HOMEBUYER ASSISTANCE PROGRAM The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and the CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, hereinafter referred to as the Corporation, do hereby make and enter into this amendment (the “Amendment”) which, together with the AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM – HOMEBUYER ASSISTANCE PROGRAM, with a term beginning April 1, 2018 (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Corporation. I. Section 5. Term is hereby deleted in its entirety and replaced with the following language: “Term. The term of this Agreement is from April 1, 2018 through September 30, 2021.” The Corporation and the City agree to and shall abide by all terms and con ditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. ____________________ __________ APPROVED AS TO LEGAL FORM: Scott Harris Date President Corpus Christi Business and Job Development _______________________________ Corporation Assistant City Attorney Date ____________________ _________ Constance Sanchez Date Chief Financial Officer City of Corpus Christi DATE: October 16, 2020 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director Intergovernmental Relations tammye@cctexas.com 361-826-3622 Bill Mahaffey, Director Gas Operations Billm@cctexas.com 361-826-1801 CAPTION: Resolution authorizing the submittal of a grant application totaling up to $901,952 to the Office of the Governor for funding from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program with a matching contribution from the city of $250,000 for project management and grant administration services. SUMMARY: Replace a cumulative total of approximately 45,700 linear feet of severely deteriorated high-pressure 78-year-old steel natural gas main lines and services lines with new six- (6“), four- (4”), and two- (2”) inch IPS DR11 Driscoplex Gas PE2406/2708 pipe, as appropriate, as well as installation of isolation valves, pressure regulators/reducers and valve pits, as needed. The new primary high-pressure natural gas distribution system will be equipped with locator wire(s) buried two feet above the line and cathodic protection conductive wire. Upon installation, the project site areas (parking lot, asphalt roadway and steel reinforced sidewalks and compacted aggregate base and a compacted sub-base) will be restored to at least their original condition. The project will be accomplished in four phases. The Navy will contract with the City’s Gas Department to perform all aspects of the project. The Navy estimates the project could begin in mid-2021 (sometime between March and August 2021). Phases 2 and 3 would not begin until DEAAG funds are awarded, a grant agreement is executed between the State and the City and the Secretary of the Navy approves the “gift” of the grant-funded infrastructure project. Resolution to submit DEAAG Grant Application to the Office of the Governor AGENDA MEMORANDUM Action Item for the City Council Meeting October 27,2020 BACKGROUND AND FINDINGS: The Texas Legislature appropriated $30 million in this biennium to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been impacted by a past or future Base Realignment and Closure action. The DEAAG application period is now open with $16 million available for this round. The deadline for submission of grant applications to the TMPC is Friday, October 30, 2020. The system is in a state of severe deterioration after decades of constant exposure to severe corrosive and erosive service environments. These system failures and leakages have resulted in significant operational losses of often critical services that subsequently required emergency repairs in order to restore and attempt to ensure both safety and continued reliable operation of the primary high-pressure natural gas distribution system. These failing high-pressure service lines are the backbone of Naval Air Station Corpus Christi’s (NASCC) entire natural gas distribution system. The base and its 40 tenants in approximately 75 buildings is one of the top five customers of the City’s natural gas utility. Currently, the base accounts for approximately three to four percent of the natural gas consumed (127,827 MMBTU annually). Natural gas provides hot water, heat, humidity control, and is used as a power source for some boiler units. For critical facilities such as the Navy’s Calibration Lab and Air Traffic Control Tower, and other critical areas, maintaining 50 percent or less humidity is required. Natural gas is used for major processes in many Corpus Christi Army Depot (CCAD) areas such as the Plating Shop. Natural gas also provides hot water for sanitization in multiple facilities, including the Naval Health Clinic, Family Housing, and the Commissary. All food services use natural gas for cooking. In January 2019, NASCC Utilities and Energy Management Department requested the City of Corpus Christi’s Gas Department to perform a leak detection survey of NASCC’s natural gas facilities. The survey, completed in June 2019, identified numerous above- and below-ground leaks in the 78-year-old system running throughout the base to buildings and hangars. The Navy reported 25 major leaks in recent years, including 20 major leaks in 2019 resulting in emergency repairs, threatening adverse impact to military industrial progress toward supplying helicopters to warfighters. Earlier in Summer 2020, the Navy demolished Hangar 41 and a gas line serving six remaining hangars was damaged stopping service for a period. There is also a grave danger to the public with flammable, natural gas emitting from the ground. Major failures in concert with an ignition event could result in a catastrophic explosive or flammable event that could readily result in catastrophic property damage as well as the incalculable losses due to serious injuries or even loss of life. Imminent catastrophic failure of the system will paralyze missions affecting all processes and tenants, including CCAD, Chief of Naval Air Training (CNATRA), Naval Health Clinic, Defense Logistics Agency (DLA), NASCC Family Housing, and the Department of Homeland Security (DHS). To address immediate leaks and maintain essential natural gas service to continue, the Navy has contracted with the City’s Gas Department to place temporary clamps on the faulty steel lines. A Grade 1 emergency leak was identified and immediately repaired (i.e. clamped) by the City along Lexington Blvd. on September 17. The Navy contacted the City to repair additional leaks in the ageing pipeline in August 2020 as well. Grade 1 leak is a leak that represents an existing or probable hazard to persons, property, and requires immediate repair or continuous action until the conditions are no longer hazardous. It is industry standard to perform cathodic protection on natural gas lines to deter corrosion and extend the life of the lines. Unfortunately, this practice has not taken place with the thousands of linear feet of steel lines and hundreds of valves at NASCC. The gas line replacement project was originally requested by the Navy in 2011, with originally 6,400 linear feet to be replaced, but the continued deterioration has resulted in exponential growth in the amount of lines to be replaced. If Phases 2-3 are not selected for DEAAG funding, deterioration of the natural gas main and service lines will continue to accelerate. Ultimately, when all main lines and service lines, valves, and other safety measures associated with this project are completed, the Navy and City will begin exploring an intergovernmental service agreement for the City’s Gas Department to take over the operation, maintenance and repair of the base’s natural gas delivery system. PROJECT COST LEVERAGE DOLLARS PERCENTAGE DEAAG $ 901,952 46% NASCC $ 800,000 41% CITY OF CORPUS CHRISTI $250,000 13% ALTERNATIVES: City Council may choose to not approve the resolution resulting in a need for NASCC to find alternative funding for this project. FISCAL IMPACT: The City of Corpus Christi will provide a cash match of $250,000 which will cover project management and grant administration for the project. Funding Detail: Fund: 3542-ST2007A-ITMPCGO Organization/Activity: 5000303542 Mission Element: 051 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Aerial View of Preliminary NASCC Gas System Replacement plan Resolution authorizing the submittal of a grant application totaling up to $901,952 to the Office of the Governor for funding from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program with a matching contribution from the city of $250,000 for project management and grant administration services. WHEREAS, with 15 major installations and the Army Futures Command, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas have an economic impact of roughly $150 billion to the Texas economy per year and 255,000 uniformed and civilian employees which generates a significant amount of sales tax revenue for the State; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, Naval Air Station Corpus Christi (NASCC) and the Corpus Christi Army Depot (CCAD) have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, CCAD is the premiere rotary wing aircraft and component repair facility in the world which was established in 1961 to ensure aviation readiness through overhaul, repair, modification, retrofit, testing, recapitalization, and modernization of helicopters, engines and components using the expertise of civilian artisans who take aging aircraft and transform them into practically new, fully-modernized helicopters packed with additional capabilities and cutting-edge technologies to handle anything on the battlefield; and WHEREAS, CCAD is designated as a Center of Industrial and Technical Excellence for rotary wing aircraft, CCAD has completed world-class maintenance on more than more than 544 aircraft; approximately 3,000 engines and nearly 112,000 helicopter components since 2003 for the UH-60 Black Hawk, CH-47 Chinook, AH-64 Apache, OH-58 Kiowa and the Air Force HH-60 Pave Hawk. This effort includes world-wide, on-site field maintenance teams, analytical crash investigations and chemical material process facilities; and WHEREAS, CCAD is the largest tenant consumer of natural gas service aboard NASCC and depends on natural gas service for key manufacturing processes; and WHEREAS, the natural gas system at NASCC is approximately 78 years old and is in a state of severe deterioration after decades of constant exposure to severe corrosive and erosive service environments. These system failures and leakages have resulted in significant operational losses of often critical services that subsequently required emergency repairs in order to restore and attempt to ensure both safety and continued reliable operation of the primary high-pressure natural gas distribution system. WHEREAS, the proposed project would replace approximately 45,700 linear feet or 8.6 miles of severely deteriorated high-pressure steel lines with new industry standard polyethylene pipe as well as installation of isolation valves, pressure regulators/reducers and valve pits, as needed. WHEREAS, the project will be accomplished in four phases. The Navy will contract with the City’s Gas Department to perform all aspects of the project. WHEREAS, the Texas Legislature appropriated $30 million in the FY20-FY 21 biennia to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. The DEAAG application period is now open and $16 million is available for this round. The TMPC deadline for submitting DEAAG applications is October 30, 2020; and WHEREAS, NASCC is leveraging this project with $800,000 dollars to fund the replacement of the natural gas system and the City of Corpus Christi will provide a match of $250,000 in project management and grant administration services. WHERAS, this project will build on the strong partnership between Naval Air Station Corpus Christi, the State of Texas and the City of Corpus Christi that has made vital infrastructure investments at NASCC and CCAD over the last decade, NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager, or designee, is authorized to submit a grant application totaling up to $901,952 to the Office of the Governor for funding from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant Program for the Replacement of the Failing and Deteriorating Natural Gas System at NASCC. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Paulette M. Guajardo ______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor New and Abandoned Mains Main Line (MDPE) Service Line (MDPE) Main Line (Abandoned) Service Line (Abandoned) Mains and Service LinesReplacement Plan Main Lines Phase 1 Phase 2 Phase 3 Phase 4 Service Lines Phase 1 Phase 2 Phase 3 Phase 4 0 500 1,000 1,500 2,000250Feet³1 inch = 1,000 feet Attachment O2:Replacement of Failingand DeterioratingNatural Gas System atNaval Air Station Corpus Christi Proposed by: The City of Corpus ChristiGas Department Prepared on: 10/9/2020by:Bill Mahaffey (361)-826-1801Keith Rodriquez (361)-885-6915 Exhibit and estimates arefor preliminary discussion onlyall information is subject tochange upon final design. 1 thru 22 Construction Sequences 1 8 6 21 510 17 11 3 4 18 22 16 2 9 14 15 12 19 13 20 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity Count Footage Count Footage DEAAG 46%NASCC 41%COCC 12%Phase 1 4 560 1 4260 4820 $0 $294,227 $0 $294,227 107Phase 2 23 4890 5 7280 12170 $562,978 $48,186 $72,751 $683,915 154Phase 3 19 4570 6 8970 13540 $338,973 $54,444 $82,199 $475,616 174Phase 4 23 3580 9 11590 15170 $0 $402,655 $87,868 $490,523 186Totals6913600213210045700$901,952 $799,511 $242,818 $1,944,281 621 Funding Sources Days to CompleteTotal FootagePhasesService Lines Mains Cos ts per Phase DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis Heatherh3@cctexas.com 361-826-3227 CAPTION: Resolution authorizing a total of up to $3,838.50 from the City’s Coronavirus Relief Fund allocation through the CARES Act to Corpus Christi Montessori School to provide funds for up to 25% of the cost to purchase the computer equipment necessary to facilitate compliance with COVID-19 related public health measures and tele-learning. SUMMARY: The City of Corpus Christi received an allocation of up to $17,960,470 from the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) for Coronavirus Relief Funds (CRF) through the State of Texas. Corpus Christi Montessori School has requested funding from the allocation for up to $3,838.50 from the City of Corpus Christi’s $17,960,470 allocation. The funds requested will provide 25% of the funding a purchase totaling $15,354 for 50 notebook/tablet computers for students, hard cases, and document cameras for teachers to use for tele-learning. BACKGROUND AND FINDINGS: The CARES Act established the Coronavirus Relief Fund (CRF) and appropriated $150 billion to this fund. Under the CARES Act, the CRF is to be used to make payments for specific uses to states and certain local governments. The CARES Act provides that payments from the CRF may only be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); Resolution to provide up to $3,838.50 from Corona Relief Funds to Corpus Christi Montessori School to purchase telelearning solutions to facilitate compliance with the COVID-19 public health emergency. AGENDA MEMORANDUM Action Item for the City Council Meeting September 15, 2020 2. Were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the state or government); and 3. Were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Expenses that qualify under these criteria are then categorized into one of six expense categories: 1. Medical Expenses, 2. Public Health Expenses, 3. Payroll Expenses for employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency, 4. Expenses of action to facilitate compliance with COVID -19 related public health measures, 5. Expenses associated to the provision of economic support in connection with the COVID-19 public health emergency, and 6. Any other COVID-19 related expenses reasonably necessary to the function of the government that satisfy the CRF’s eligibility criteria The State of Texas included additional regulations to the counties and municipalities that received the allocation through the State, requiring that up to 100% of the funding can be used for categories 1-3 but only up to 25% can be used for categories 4 -6. The amounts requested fall under category 4. Cities with a population of less than 500,000 located in a county with a population of less than 500,000 were allocated funds for CRF from the CARES Act based on a per capita basis at $55 per person. This equates to a total distribution of up to $17,960,470 for Corpus Christi (326,554 population x $55 per person). Corpus Christi Montessori School has requested funding from the City’s CRF allocation for up to $3,838.50 to provide 25% of the funding for a purchase totaling $15,354 for 50 notebook/tablet computers for students, hard cases, and document cameras for teachers to use for tele-learning to facilitate compliance with the COVID-19 public health measures. ALTERNATIVES: The City could choose not to allocate the requested amount or allocate a lesser amount to the school. FISCAL IMPACT: If a portion of the City’s allocation of up to $17,960,470 is used to fund the school districts, then there will be less to use for other needs and purposes. Funding Detail: Fund: 1063 Emergency Management Grant Fund Organization/Activity: 690001F CARES Act CRF Grant Mission Element: N/A Project # (CIP Only): N/A RECOMMENDATION: City staff recommends approving the funding of $3,838.50 from the CRF to provide 25% of the funding for a purchase totaling $15,354 for 50 notebook/tablet computers for students, hard cases, and document cameras for teachers to use for tele -learning to facilitate compliance with the COVID-19 public health measures. LIST OF SUPPORTING DOCUMENTS: Resolution Request letter from Corpus Christi Montessori School Page 1 of 1 Resolution authorizing a total of up to $3,838.50 from the City’s Coronavirus Relief Fund allocation through the CARES Act to Corpus Christi Montessori School to provide funds for up to 25% of the cost to purchase the computer equipment necessary to facilitate compliance with COVID-19 related public health measures and tele-learning. WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act established the Coronavirus Relief Fund (CRF), which fund is administered by the Texas Department of Emergency Management and from which the City of Corpus Christi (“City”) has received an allocation; and WHEREAS, the City desires to make a portion of its CRF allocation available for the benefit of its citizens in Corpus Christi Montessori School for the purchase of computer equipment necessary to facilitate compliance with COVID -19 related public health measures and tele-learning. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The City Council authorizes the City Manager, or his designee, to execute all documents necessary to bind the City to provide a total of up to $3,838.50 from the City’s CRF allocation, through the CARES Act, to Corpus Christi Montessori School for the purchase of computer equipment necessary to facilitate compliance with COVID -19 related public health measures and tele-learning, for the purpose stated. PASSED AND APPROVED on the ______ day of _________________, 2020: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM Action item for the City Council Meeting October 27, 2020 DATE: October 19, 2020 TO: Peter Zanoni, City Manager FROM: Randy Almaguer, Senior Management Analyst randya@cctexas.com 361-826-3956 CAPTION: One-reading Ordinance Approving the Tax Increment Reinvestment Zone Number 5 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Five, City of Corpus Christi, Texas. SUMMARY: Per Texas Tax Code, the Board of Directors of a reinvestment zone recommends the project plan and finance plan to the governing body of the municipality or county that created the zone. BACKGROUND AND FINDINGS: The Board of Directors of a reinvestment zone shall prepare and adopt a project plan and a financing plan for the zone and submit the plans to the governing body of the municipality or county that designated the zone for approval. Chapter 311.004 of the Tax Code requires the following for Project and Financing Plans for a Tax Increment Reinvestment Zone: The project plan must include: (1) A description and map showing existing uses and conditions of real property in the zone and proposed uses of that property; (2) Proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable; (3) A list of estimated nonproject costs; and (4) A statement of a method of relocating persons to be displaced, if any, as a result of implementing the plan. The reinvestment zone financing plan must include: Approving the Tax Increment Reinvestment Zone #5 Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Five, City of Corpus Christi, Texas (1) A detailed list describing the estimated project costs of the zone, including administrative expenses; (2) A statement listing the proposed kind, number, and location of all public works or public improvements to be financed by the zone; (3) A finding that the plan is economically feasible and an economic feasibility study; (4) The estimated amount of bonded indebtedness to be incurred; (5) The estimated time when related costs or monetary obligations are to be incurred; (6) A description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit anticipated to contribute tax increment to the zone that levies taxes on real property in the zone; (7) The current total appraised value of taxable real property in the zone; (8) The estimated captured appraised value of the zone during each year of its existence; and (9) The duration of the zone. Project Plan: The purpose of the TIRZ #5 is to finance the construction of public facilities and infrastructure necessary to stimulate residential and commercial development within the zone boundaries. Developer reimbursement will include street, sewer, stormwater, water infrastructure and development and subsequent maintenance of a ten-acre park. The Project will be a master planned development that will include the construction of public infrastructure to support the development of 777 townhomes, 999 multifamily units, and 450,000 square feet of commercial space. The commercial space will be located as follows: 275,000 square feet within the BoCo master planned community and 175,000 square feet on the Ayers tract. The area within the zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, inadequate sidewalks, and street layout. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. These conditions meet the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation. Finance Plan: The reimbursement of the infrastructure costs will be from the ad valorem taxes generated by the increment above the base value of approximately 261.6 acres. The TIRZ will exist until the infrastructure costs are reimbursed in full to the developer, the TIRZ collects $17,000,000 or a maximum of 20 years, whichever is less. The base year will be the values as of tax year 2020 and the total TIRZ contributions will not exceed $17,000,000. The taxable value added after 20 years is estimated at $320,000,000. The following taxing jurisdictions will contribute to the TIRZ as detailed below. Taxing Entity Maximum Dollar Contribution Increment Percentage Tax Years City of Corpus Christi $9,000,000 75%* 2020-2039 Nueces County None 75% 2020-2039 Del Mar College $4,000,000 75% 2020-2039 *Excluding the residential street portion of the tax rate which is currently four cents. The developer will be reimbursed for infrastructure from revenue generated by the increment over the base year. The amounts for each phase will be reimbursed after the infrastructure is completed and accepted by the City. October 20, 2020- the Board of Directors of the Reinvestment Zone Number Five, City of Corpus Christi, Texas approved the Project Plan and Reinvestment Zone Financing Plan (the “Plan”) and recommended that City Council approve the Plan. ALTERNATIVES: An alternative to approving the Project and Financing Plan would be to request that changes are made to the plans and brought back to the Board for consideration at a later date. FISCAL IMPACT: The impact of the Bohemian Colony Project and Financing Plan is that the Developer is eligible to be reimbursed for the cost of the projects listed in the Project Plan in an amount not to exceed $17,000,000 over 20 years after the payment of annual amounts for TIRZ administration and maintenance of the park once developed. The City’s contribution is limited to $9,000,000 over the life of the TIRZ. Funding Detail: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: Staff recommends the approval of this ordinance, approving Bohemian Colony Tax Increment Reinvestment Zone (TIRZ #5) Project and Financing Plan which was approved by the TIRZ #5 Board on October 20, 2020. LIST OF SUPPORTING DOCUMENTS: Ordinance TIRZ #5 Project and Financing Plan One-reading Ordinance Approving the Tax Increment Reinvestment Zone Number 5 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Five, City of Corpus Christi, Texas. WHEREAS, on August 18, 2020, through Ordinance 032183, the City of Corpus Christi created a tax increment financing district, to be known as “Reinvestment Zone Number Five, City of Corpus Christi, Texas,” over a portion of the City; WHEREAS, Ordinance 032183 included a preliminary reinvestment zone financing plan; WHEREAS, on October 20, 2020, the Board of Directors of the Reinvestment Zone Number Five, City of Corpus Christi, Texas approved the Project Plan and Reinvestment Zone Financing Plan (the “Plan”) and recommended that City Council approve the Plan; and WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number 5 BoCo, Corpus Christi, Texas for the Reinvestment Zone Number Five, City of Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Five on October 20, 2020. A copy of the Plan is attached hereto and incorporated by reference. SECTION 2. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 27th day of October, 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor ______ day of , 2020. Corpus Christi, Texas _________ day of ___________________, ______ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, _________________________ _________________________ __________________________ _________________________ Joe McComb Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Tax Increment Reinvestment Zone #5 - BoCo Preliminary Project & Financing Plan July 1, 2020 Prepared by TXP, Inc. 1310 South 1st Street, Suite 105 Austin, Texas 78704 (512) 328-8300 phone www.txp.com City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Table of Contents Section 1 – Introduction ............................................................................................................ 1 Purpose of a Tax Increment Reinvestment Zone ................................................................... 1 Section 2 – Project Plan ............................................................................................................. 3 Criteria for Zone Creation ....................................................................................................... 4 Existing Tax Increment Financing Districts in the City of Corpus Christi ................................ 4 Description of the Tax Increment Reinvestment Zone #5 ...................................................... 5 Existing Zoning and Land Use Guidelines Applicable to TIRZ #5 ............................................ 7 Taxing Jurisdictions Applicable to TIRZ ................................................................................... 7 Proposed Changes in Master Plans, Zoning Ordinances, and Building Codes ....................... 7 Relocation of Displaced Persons ............................................................................................ 7 Section 3 – Project Plan Improvements .................................................................................... 8 Eligible Project Costs .............................................................................................................. 8 Section 4 – Finance Plan .......................................................................................................... 11 Compliance & Reporting ....................................................................................................... 11 Method of Financing Project Costs ...................................................................................... 11 Estimated Time when Related Costs or Monetary Obligations Incurred ............................. 11 Estimated Amount of Bonded Indebtedness ....................................................................... 11 Public Sector Entities Participating in TIRZ #5 ...................................................................... 11 Financial Forecast Assumptions ........................................................................................... 12 Financial Forecast Summary Results .................................................................................... 13 Conclusion ................................................................................................................................ 16 Appendix – Boundary Description of TIRZ #5 Parcels............................................................. 17 Legal Disclaimer ....................................................................................................................... 18 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 List of Figures Figure 1: How the Tax Increment is Calculated .......................................................................... 1 Figure 2: BoCo Master Plan ........................................................................................................ 3 Figure 3: Ayers Tract Development Plan .................................................................................... 4 Figure 4: BoCo TIRZ Geographic Boundary ................................................................................. 6 Figure 5: Existing Land Use within the BoCo TIRZ ...................................................................... 6 Figure 6: Location of Public Improvements and Infrastructure within the BoCo TIRZ ............. 10 List of Tables Table 1: Existing TIRZ in Corpus Christi ....................................................................................... 5 Table 2: Existing Land Use of TIRZ #5 (2020) .............................................................................. 5 Table 3: BoCo Development Project Eligible Type Costs for Reimbursement ........................... 9 Table 4: Summary of Eligible Type TIRZ #5 Project Costs ......................................................... 10 Table 5: Taxing Jurisdictions Participating TIRZ #5 ................................................................... 11 Table 6: Preliminary BoCo Buildout Schedule .......................................................................... 13 Table 7: Preliminary TIRZ #5 Taxable Property Value Per Year ................................................ 14 Table 8: Preliminary TIRZ #5 Taxable Property Value Forecast @ 75% Contribution .............. 15 1 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Section 1 – Introduction The City of Corpus Christi, based on the landowner’s request and petition, has created a Tax Increment Reinvestment Zone (hereafter referred to as “TIRZ #5”) over a portion of 261.6 acres located near the intersection of South Padre Island Drive and the Crosstown Expressway. The zone would be named Reinvestment Zone Number 5, City of Corpus Christi, Texas and referred to as TIRZ #5 - BoCo. The landowner of the property is South Padre Investment Inc. The landowner is requesting the City of Corpus Christi, Nueces County, and the Del Mar College District participate in the tax increment reinvestment zone to help fund public improvements to be located within the development. The duration of the zone is projected to be 20 years, with the TIRZ in existence through 2040. Purpose of a Tax Increment Reinvestment Zone A tax increment reinvestment zone (“TIRZ”) is a tool that local governments can use to finance needed improvements and infrastructure within a defined geographic area. These improvements usually are undertaken to promote the viability of existing businesses and to attract new commercial enterprises. The cost of eligible improvements is repaid by the contribution of future tax revenues by each taxing unit that levies taxes against the property. The additional incremental tax revenue that is received from the affected properties is referred to as the tax increment Figure 1: How the Tax Increment is Calculated 2 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Each taxing unit can choose to dedicate all, a portion, or none of the tax revenue that is attributable to the increase in property values due to the improvements within TIRZ. Each taxing unit determines what percentage of its tax increment, if any, it will commit to repayment of the cost of financing the public improvements. This preliminary feasibility study and project plan is required by state law. This document is designed to meet the legal requirements of designating a TIRZ. The statutes governing tax increment financing are located in Chapter 311 of the State of Texas Tax Code. To assist Corpus Christi and the other taxing entities in understanding the overall financing plan, TXP has included preliminary revenue projections assuming other entities participate in the TIRZ. TXP, Inc. was retained by South Padre Investment Inc. to assist in developing this Preliminary Project & Financing Plan. 3 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Section 2 – Project Plan The purpose of TIRZ #5 is to finance the construction of public facilities and infrastructure necessary to catalyze residential and commercial development within the zone boundaries. Expenditures associated with the design and construction of public infrastructure, as well as other specific project related costs, will be funded by tax increment revenues derived from increases in property values following new residential and commercial development. The Project will be a master planned development that will include the construction of public infrastructure to support the development of 777 townhomes, 999 multifamily units, and 450,000 square feet of commercial space. The commercial space will be located as follows: 275,000 square feet within the BoCo master planned community and 175,000 square feet on the Ayers tract. The public infrastructure and capital costs associated with the development will be financed with private capital. It is the intent of the Developer to enter into an agreement with TIRZ #5 to receive reimbursement for investments made in the public facilities from revenues generated by TIRZ #5. Figure 2: BoCo Master Plan 4 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Figure 3: Ayers Tract Development Plan Criteria for Zone Creation The area within the zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, inadequate sidewalks, and street layout. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. In addition, the landowner is requesting that the area be designated as a reinvestment zone. These conditions meet the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation. Existing Tax Increment Financing Districts in the City of Corpus Christi There are existing TIRZs in Corpus Christi. According to state law, cities with more than 100,000 residents may not create a new TIRZ if the total appraised value of taxable real property in the new reinvestment zone and in the existing reinvestment zones would exceed 25.0 percent of the total appraised value of taxable real property within the city and its industrial districts. In addition, a TIRZ may not be created if more than 30.0 percent of the property in the new TIRZ (excluding publicly owned property) is used for residential purposes at the time of designation. The TIRZ #5 complies with these state rules. 5 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Table 1: Existing TIRZs in Corpus Christi Land Use Value Data Source City of Corpus Christi – Real Property $25,258,276,745 2019 Assessed Value 2019 Certified Totals Report NCAD TIF #2 - Padre Island $573,503,809 2019 City of Corpus Christi TIF #3 - Downtown $735,558,739 2019 Assessed Value 2019 Certified Totals Report NCAD TIF #4 - North Beach $104,512,349 2019 Assessed Value TIRZ Project Plan and Financing Plan TIF #5 - BoCo $2,102,542 2020 Preliminary Assessed Value NCAD Website Total TIRZ $1,415,677,439 TIRZ as % of Corpus Christi Total 5.6% Total $841,550,192 Source: Nueces County Appraisal District Description of the Tax Increment Reinvestment Zone #5 The TIRZ #5 will cover approximately 261.6 acres (including roads and right of way). The 2019 baseline assessed property value of the TIRZ is approximately $2.2 million. Table 2: Existing Land Use of TIRZ #5 (2020) Land Use Acreage City of Corpus Christi Assessed Value Qualified Open-Space Land 244.5 $527,312 Rural Land, Non-Qualified Open Space Land 2.4 $232,284 Commercial 2.7 $1,453,700 Public Right of Way* 11.9 $0 Total 261.6 $2,213,296 Source: Nueces County Appraisal District * The majority of this property is publicly owned right of way (ROW) along Holly Road 6 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Figure 4: BoCo TIRZ Geographic Boundary Source: Nueces County Appraisal District Figure 5: Existing Land Use within the BoCo TIRZ Source: Nueces County Appraisal District 7 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Existing Zoning and Land Use Guidelines Applicable to TIRZ #5 Existing City of Corpus Christi land use, zoning guidelines, and policies would apply to all properties within the city limits. Taxing Jurisdictions Applicable to TIRZ The TIRZ #5 is located within the following taxing jurisdictions: City of Corpus Christi Nueces County Del Mar College Nueces County Hospital District Corpus Christi Independent School District Farm to Market Road District Proposed Changes in Master Plans, Zoning Ordinances, and Building Codes There are no anticipated changes to the master development and zoning ordinances. Relocation of Displaced Persons This plan currently does not call for nor anticipate the displacement and relocation of persons for the proposed projects. 8 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Section 3 – Project Plan Improvements TIRZ #5 will provide support for catalytic infrastructure and economic development projects that will facilitate the development of properties within zone. In addition, to public utility infrastructure, the Developer is seeking reimbursement for building a 10-acre park within the zone. Eligible Project Costs 1. Parks & Streetscape Enhancements This category includes gateway features, linear parks, corridor landscaping, public plazas, etc. 2. Infrastructure Improvements This category includes water, sanitary sewer and storm water improvements, roadway and street intersection enhancements, public transportation, relocation of aboveground utilities, public sidewalks, etc. 3. Economic Development Grants It is anticipated that economic development loans or grants might be made to assist in creating the tax base that facilitates implementing the project plan. The City, with advisement from the TIRZ Board shall have the authority to establish and administer economic development programs, including but not limited to grants and loans, authorized under Chapter 380 of the Texas Local Government Code. Should such loans or grants be made, it will be done with the intent to fulfill the public purposes of developing and diversifying the economy, eliminating unemployment or underemployment, and developing or expanding transportation, business, and commercial activity in the TIRZ. 4. Non-Project Costs It is not possible to quantify other non-project costs at this time, other than to say that they are anticipated. However, these costs should not exceed TIRZ #5 revenue less other costs delineated in the project plan. Consultants, engineers, surveyors, and other costs incurred not related to the other categories and other unforeseen costs are included in this category. 5. Administration & Implementation Administration costs, including reasonable charges for time spent by City of Corpus Christi employees, will be eligible for reimbursement as project costs. In addition, this category includes City costs associated with creating the TIRZ. 9 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Table 3: BoCo Development Project Eligible Type Costs for Reimbursement Phase Quantity Unit Price Estimated Cost Existing Silverberry Drive to Greenwood Drive Roadway Improvements (Paving, Curbs & Sidewalk) 2,100 $225 $472,500 Minor Drainage Extensions & Utility Stubouts 2,100 $75 $157,500 15% Contingency & Design $94,500 Total $724,500 Future Coastal Crosstown Drive Roadway Improvements 1,700 $430 $731,000 Drainage Addition off Existing Line 1 $60,000 $60,000 Sanitary Sewer 500 $100 $50,000 Water Line & Hydrants 1,700 $50 $85,000 Lift Station Rehabilitation 1 $200,000 $200,000 15% Contingency & Design $168,900 Total $1,294,900 Main East/West Access Drive Greenwood to Roundabout Roadway Improvements 2,400 $430 $1,032,000 Drainage 2,400 $250 $600,000 Sanitary Sewer 2,400 $100 $240,000 15% Contingency & Design 2,400 $50 $120,000 Total $298,800 $2,290,800 Main North/South Access Drive to Holly Road Roadway Improvements 2,600 $500 $1,300,000 Drainage 2,600 $250 $650,000 Sanitary Sewer 2,600 $100 $260,000 Water Line and Hydrants 2,600 $50 $130,000 15% Contingency & Design $351,000 Total $2,691,000 Roundabout to S.H. 286 Access Road Roadway Improvements 1500 $430 $645,000 Drainage 1500 $250 $375,000 Sanitary Sewer 1500 $100 $150,000 Water Line and Hydrants 1500 $50 $75,000 15% Contingency & Design $186,750 Total $1,431,750 Roundabout Quantity Roadway 450 500 $225,000 15% Contingency & Design $33,750 Total $258,750 Estimated Total Cost $8,691,700 Source: South Padre Investment Inc. 10 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Figure 6: Location of Public Improvements and Infrastructure within the BoCo TIRZ Source: South Padre Investment Inc. Table 4: Summary of Eligible Type TIRZ #5 Project Costs Phase Cost Existing Silverberry Drive to Greenwood Drive $724,500 Future Coastal Crosstown Drive $1,294,900 Main East/West Access Drive Greenwood to Roundabout $2,290,800 Main North/South Access Drive to Holly Road $2,691,000 Roundabout to S.H. 286 Access Road $1,431,750 Roundabout $258,750 Park Development Cost and Maintenance $3,100,000 Administration Costs $2,000,000 Total Cost $13,691,700 Source: South Padre Investment Inc. 11 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Section 4 – Finance Plan Tax increment financing is a tool used by local governments to publicly finance needed infrastructure and other improvements within a defined area. These improvements are usually undertaken to promote the viability of existing businesses and to attract new commercial enterprises to the area. The statutes governing tax increment financing are located in Chapter 311 of the State of Texas Tax Code. Compliance & Reporting The TIRZ #5 Board policies would comply with all federal, state, and local laws, rules and regulations. The TIRZ Board will submit project status reports and financial reports as required by state law. Method of Financing Project Costs All project costs will be paid through the contribution of incremental property taxes collections by participating taxing jurisdictions. Estimated Time when Related Costs or Monetary Obligations Incurred The TIRZ will be cash funded. Reimbursements under any agreements with developers will be made as funds become available. Estimated Amount of Bonded Indebtedness It is anticipated that financial transactions by the TIRZ are to be on a cash only basis and to the extent only that funds are available. However, if the resources become available to issue debt, the TIRZ #5 Board may recommend to the Corpus Christi City Council that it is appropriate to issue TIRZ debt if the Tax Increment Fund can make such payments. The TIRZ is under no obligation to issue any notes or debt Public Sector Entities Participating in TIRZ #5 All project costs will be paid through the contribution of incremental property taxes collections. This preliminary plan assumes that the Corpus Christi and other taxing entities contribute a portion of their total tax rate (M&O and I&S) ad valorem tax rate for 20 years. Table 5: Taxing Jurisdictions Participating TIRZ #5 Entity Property Tax Rate per $100 (2019) City of Corpus Christi $0.646264 Nueces County $0.307689 Del Mar College District $0.280665 Source: Nueces County Appraisal District 12 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Financial Forecast Assumptions TIRZ Duration – TXP has assumed the TIRZ will have a 20-year lifespan. TIRZ Allocation – TXP has assumed the City of Corpus Christi and other taxing entities will contribute 75% of their total incremental tax collections. Tax Rate – While tax rates do change over time, the 2019 tax rates were held constant for the duration of the TIRZ. Baseline Value – The 2020 baseline property value of the TIRZ is approximately $2,213,296 but varies slightly by taxing jurisdiction based on exemptions offered. Real Property – Only taxable real property values are included in the tax increment calculations. By law, business personal property values are excluded from TIRZ. Inflation & Appreciation Rate – The inflation rate used for construction costs and the value of improvements is 2.5 percent per year. Net Present Value – The net present values of the tax increment were calculated at a discount rate of 5.0 percent. Future Development Patters – To provide an order of magnitude estimate, TXP phased in new construction based on the BoCo master plan development timeline. 13 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Financial Forecast Summary Results The following table depicts the anticipated revenue generated over 20 years. The revenue forecast assumes the TIRZ is established in 2020 (baseline year). The first TIRZ increment will occur in 2021 (total 2021 value less 2020 baseline value). Note, 2021 taxes are not due until January 2022. Table 6: Preliminary BoCo Buildout Schedule Apartment Units Townhome Units Commercial SF Year Period New Per Year Cumulative New Per Year Cumulative Crosstown Commons Ayers 2020 0 0 0 0 0 0 0 2021 1 0 0 0 0 0 0 2022 2 0 0 48 48 0 60,000 2023 3 111 111 53 101 0 60,000 2024 4 111 222 58 159 137,500 60,000 2025 5 111 333 64 223 137,500 120,000 2026 6 111 444 70 293 137,500 120,000 2027 7 185 629 77 370 137,500 120,000 2028 8 185 814 85 455 137,500 180,000 2029 9 185 999 94 549 275,000 180,000 2030 10 0 999 103 652 275,000 180,000 2031 11 0 999 125 777 275,000 180,000 2032 12 0 999 0 777 275,000 180,000 2033 13 0 999 0 777 275,000 180,000 2034 14 0 999 0 777 275,000 180,000 2035 15 0 999 0 777 275,000 180,000 2036 16 0 999 0 777 275,000 180,000 2037 17 0 999 0 777 275,000 180,000 2038 18 0 999 0 777 275,000 180,000 2039 19 0 999 0 777 275,000 180,000 2040 20 0 999 0 777 275,000 180,000 Source: South Padre Investment Inc., TXP, Inc. 14 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Table 7: Preliminary TIRZ #5 Taxable Property Value Per Year Apartment Units Townhome Units Commercial Year Period Tax Value Per Unit Cumulative Tax Value Per Unit Cumulative Tax Value Per SF Total Retail Total Taxable Value 2020 0 $38,250 $0 $153,153 $0 $85 $0 $0 2021 1 $39,206 $0 $156,982 $0 $87 $0 $0 2022 2 $40,186 $0 $160,907 $7,723,514 $89 $5,358,188 $13,081,701 2023 3 $41,191 $4,572,208 $164,929 $16,657,849 $92 $5,492,142 $26,722,199 2024 4 $42,221 $9,373,027 $169,052 $26,879,336 $94 $18,530,259 $54,782,622 2025 5 $43,276 $14,411,029 $173,279 $38,641,158 $96 $24,763,697 $77,815,884 2026 6 $44,358 $19,695,073 $177,611 $52,039,936 $99 $25,382,790 $97,117,799 2027 7 $45,467 $28,598,888 $182,051 $67,358,859 $101 $26,017,359 $121,975,107 2028 8 $46,604 $37,935,583 $186,602 $84,904,022 $104 $32,881,648 $155,721,253 2029 9 $47,769 $47,721,240 $191,267 $105,005,749 $106 $48,299,775 $201,026,764 2030 10 $48,963 $48,914,271 $196,049 $127,823,938 $109 $49,507,270 $226,245,478 2031 11 $50,187 $50,137,127 $200,950 $156,138,312 $112 $50,744,951 $257,020,391 2032 12 $51,442 $51,390,556 $205,974 $160,041,770 $114 $52,013,575 $263,445,901 2033 13 $52,728 $52,675,319 $211,123 $164,042,814 $117 $53,313,915 $270,032,048 2034 14 $54,046 $53,992,202 $216,401 $168,143,885 $120 $54,646,763 $276,782,850 2035 15 $55,397 $55,342,007 $221,811 $172,347,482 $123 $56,012,932 $283,702,421 2036 16 $56,782 $56,725,558 $227,357 $176,656,169 $126 $57,413,255 $290,794,981 2037 17 $58,202 $58,143,697 $233,041 $181,072,573 $129 $58,848,586 $298,064,856 2038 18 $59,657 $59,597,289 $238,867 $185,599,387 $133 $60,319,801 $305,516,477 2039 19 $61,148 $61,087,221 $244,838 $190,239,372 $136 $61,827,796 $313,154,389 2040 20 $62,677 $62,614,402 $250,959 $194,995,356 $139 $63,373,491 $320,983,249 Source: South Padre Investment Inc., TXP, Inc. 15 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Table 8: Preliminary TIRZ #5 Taxable Property Value Forecast @ 75% Contribution Year Period City of Corpus Christi Nueces County Del Mar College District Total Tax Rate 0.646264 0.307689 0.280665 TIRZ Allocation 75% 75% 75% 2020 0 $0 $0 $0 $0 2021 1 $0 $0 $0 $0 2022 2 $63,407 $30,188 $27,537 $121,132 2023 3 $129,522 $61,666 $56,250 $247,438 2024 4 $265,530 $126,420 $115,317 $507,267 2025 5 $377,172 $179,573 $163,801 $720,547 2026 6 $470,728 $224,116 $204,432 $899,275 2027 7 $591,211 $281,478 $256,756 $1,129,445 2028 8 $754,778 $359,353 $327,791 $1,441,922 2029 9 $974,373 $463,903 $423,159 $1,861,434 2030 10 $1,096,607 $522,099 $476,244 $2,094,951 2031 11 $1,245,773 $593,118 $541,025 $2,379,915 2032 12 $1,276,917 $607,946 $554,550 $2,439,413 2033 13 $1,308,840 $623,144 $568,414 $2,500,398 2034 14 $1,341,561 $638,723 $582,624 $2,562,908 2035 15 $1,375,100 $654,691 $597,190 $2,626,981 2036 16 $1,409,477 $671,058 $612,120 $2,692,655 2037 17 $1,444,714 $687,835 $627,423 $2,759,972 2038 18 $1,480,832 $705,030 $643,108 $2,828,971 2039 19 $1,517,853 $722,656 $659,186 $2,899,695 2040 20 $1,555,799 $740,723 $675,666 $2,972,188 Total $18,680,195 $8,893,719 $8,112,593 $35,686,507 NPV @ 5% $9,350,370 $4,451,751 $4,060,758 $17,862,879 Source: South Padre Investment Inc., TXP, Inc. 16 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Conclusion Based on the preliminary development concepts and activity zones within this area, anticipated tax revenue, and market demand projections, TIRZ #5 is economically and financially feasible. The TIRZ could generate significant revenue to pay for infrastructure and redevelopment costs. Over the next 20 years, the TIRZ could generate $35.7 million in nominal TIRZ revenue. Using a 5.0 percent discount rate, the anticipated TIRZ could generate $17.9 million. While the TIRZ could generate over $17.0M in increment over 20 years, the City of Corpus Christi ordinance that created the TIRZ (No. 032183) caps the total amount of increment collected from all participating taxing entities at $17.0M. Specifically, the City of Corpus Christi is capped at $9.0M and the Del Mar College District is capped at $4.0M. These projections are based on the best available datasets and information related to market conditions in the region. Given the high visibility of this area, for example, the substantial commitment of a few large developers could have a significantly positive impact on both the level and timing of future growth. Moreover, the financial projections make no allowance for positive spillover to the value of other properties in area as a result of new development (beyond inflation), which easily could occur. At the same time, a slowdown in development as a result of a weaker national economy, negative changes in key drivers of regional economy, or other unforeseen issues could materially reduce the volume of construction put in place, and resulting tax revenue, over the next 20 years. 17 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Appendix – Boundary Description of TIRZ #5 Parcels 18 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Legal Disclaimer TXP, Inc. (TXP) reserves the right to make changes, corrections, and/or improvements at any time and without notice. In addition, TXP disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies. TXP disclaims any liability due to errors, omissions, or discrepancies made by third parties whose material TXP relied on in good faith to produce the report. Any statements involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that such opinions or estimates will be realized. The information and expressions of opinion contained herein are subject to change without notice, and shall not, under any circumstances, create any implications that there has been no change or updates. DATE: October 19, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com 361-826-3227 CAPTION: Resolution authorizing execution of an Interlocal Cooperation Agreement with Del Mar College, for participation in the Tax Increment Reinvestment Zone Number Five at 75% of Del Mar’s increment for 20 years, up to $4,000,000. SUMMARY: The City and Del Mar College desire to participate in the Tax Increment Reinvestment Zone Number Five for the purposes of development in the reinvestment zone area, Bohemian Colony, for their mutual benefit and the benefit of their citizens. This item approves a revised agreement based on Del Mar’s action on October 13, 2020. BACKGROUND AND FINDINGS: On July 14, 2020, a presentation was made to the City Council that provided an overview of the developer-petitioned Tax Increment Reinvestment Zone (TIRZ) (Ch 311 Tax Code) for developer reimbursement of street, sewer, stormwater and water infrastructure and development and subsequent maintenance of a 10-acre park. The proposed development will have 999 multi-family units, 777 townhomes, and 450,000 sq./ft of commercial space. The proposed 258.9-acre development is located on the southwest corner of South Padre Island Drive (SPID) and Crosstown Expressway and is currently used primarily for agricultural purposes. The reimbursement of the infrastructure costs will be from 75% of the ad valorem taxes (excluding the City’s 2+2+2 residential street tax) generated by the increment above the base value of $825,943 for the 258.9 acres. The TIRZ will exist until the infrastructure costs are reimbursed in an amount not to exceed $17,000,000 to the developer or a maximum of Resolution Authorizing Interlocal Cooperation Agreement with Del Mar College for participation on the Bohemian Colony Tax Increment Reinvestment Zone Number Five (TIRZ #5) AGENDA MEMORANDUM Action Item for the City Council Meeting October 27, 2020 20 years, whichever is less. On August 11, 2020, an ordinance designating 258.9 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Five, City Of Corpus Christi, Texas" pursuant to petition by owners of Crosstown Commons subdivision; setting a maximum City financial participation of 75% over 20 years and a maximum contribution of $9,000,000; and establishing a Board of Directors for the Reinvestment Zone passed on first reading. On August 18, 2020, a second reading ordinance passed. October 13, 2020, City Council approved an interlocal agreement with Del Mar for participation on the Bohemian Colony TIRZ #5 at 75% for fourteen years. October 13, 2020, Del Mar College approved an item on its agenda to approve the interlocal agreement at 75% for twenty years, up to $4,000,000 on October 13, 2020. This item approves the revised agreement to reflect the 20-year participation. ALTERNATIVES: City Council could choose not to authorize this interlocal agreements, but then Del Mar College would not be authorized to participate in the TIRZ #5, and the Zone’s ability to complete the project will be decelerated. FISCAL IMPACT: Del Mar College will participate at a rate of 75% of their tax increment with the base year being 2020. The City’s twenty-year contribution is capped at $9 million; TIRZ #5 estimated increment is $17,000,000. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the Interlocal Cooperation Agreement with Del Mar College. The participation of Del Mar College in the Tax Increment Reinvestment Zone is crucial for the success and implementation of the TIRZ #5 Project and Financing Plan: and thus, the revitalization of the southwest corner of South Padre Island Drive and Crosstown Expressway. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Cooperation Agreement Resolution authorizing execution of Interlocal Cooperation Agreement with Del Mar College, for participation in the Tax Increment Reinvestment Zone Number Five at 75% of Del Mar’s increment for 20 years, up to $4,000,000. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with Del Mar College for contribution to the Reinvestment Zone Number 5, City of Corpus Christi, Texas tax increment fund. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. PASSED AND APPROVED on the ______ day of _________, 20 20: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 5 THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and Del Mar College ("Del Mar"), acting by and through its governing body, the Board of Regents. This Agreement is made under Chapter 791, Texas Government Code, and Chapter 311, Texas Tax Code, for the participation of the City and Del Mar in Reinvestment Zone Five, City of Corpus Christi, Texas ("Reinvestment Zone"), a reinvestment zone created by the City under Chapter 311, Texas Tax Code. Section 1. DEFINITIONS. (a) As used in this Agreement, the following terms have the meanings set out below: "Agreement" means this agreement between the City and Del Mar. "Agreement Term" is defined in Section 4. "Captured Appraised Value" has the meaning ascribed by Chapter 311, Texas Tax Code. "City" is defined in the preamble of this Agreement. "City's Tax Increment Participation" means an amount of the City’s ad valorem tax levy on the Captured Appraised Value, which the City agrees to contribute to the Reinvestment Zone under Sections 3 and 4 of this Agreement. "Creation Ordinance" means City Ordinance No. 032183, adopted by the City Council on second reading at its August 18, 2020 meeting, as amended. "Del Mar" is defined in the preamble of this Agreement. "Del Mar Tax Increment Participation" means the amount of ad valorem taxes levied by Del Mar acting through its Board of Regents on the Captured Appraised Value, which Del Mar agrees to contribute to the Reinvestment Zone under Sections 3 and 4 of this Agreement. "Plan" means the project plan and reinvestment zone financing p lan for the Reinvestment Zone, which are adopted by the board of directors of the Reinvestment Zone and approved by the City Council of the City, as consistent as possible with the preliminary plan described in the Creation Ordinance. Page 2 of 5 "Reinvestment Zone" means Reinvestment Zone Number Five, City of Corpus Christi, Texas, created by the Creation Ordinance, incorporated by reference into this Agreement. "Reinvestment Zone Area" means the area of the City included in the Reinvestment Zone as described in the Creation Ordinance. "Tax Increment" has the meaning ascribed by Chapter 311, Texas Tax Code. "Tax Increment Fund" means the tax increment fund created by the City in the City Treasury for the Reinvestment Zone. (b) Terms used in this Agreement and not otherwise defined have the meanings ascribed to them in Chapter 311, Texas Tax Code. Section 2. PURPOSE FOR PARTICIPATING IN THE ZONE. The City and Del Mar desire to participate in the Reinvestment Zone for the purposes of development in the Reinvestment Zone Area under the Plan, for their mutual benefit and the benefit of their citizens. Section 3. OBLIGATIONS OF CITY AND DEL MAR. (a) Tax Increment Participation. For and in consideration of the agreements of the parties set forth in this Agreement, the Del Mar agrees to participate in the Reinvestment Zone by contributing into the Tax Increment Fund 75% of its Tax Increment each year during the term of this Agreement on the Captured Appraised Value of real property within the Reinvestment Zone up to a total amount of $4,000,000.00. The City agrees to participate in the Reinvestment Zone by contributing into the Tax Increment Fund 75% of its Tax Increment each year during the term of the Agreement on the Captured Appraised Value of real property within the Reinve stment Zone up to a total amount of $9,000,000.00. The current tax rates of the City and Del Mar are subject to change and the respective Tax Increment Participation in this Agreement pledged shall change to the extent of any change in their tax rates. (b) Payment Dates. The City and Del Mar may not be obligated to pay their respective Tax Increment Participation from other City or Del Mar taxes or revenues or until the City or Del Mar Tax Increment Participation is actually collected. The obligation to pay the City or Del Mar Tax Increment Participation commences as taxes representing the City or Del Mar Tax Increment are collected for the City or Del Mar and payment shall be due fifteen (15) days after collection. Section 4. TERM OF AGREEMENT. (a) This Agreement becomes effective as of the date of the final signature to this Agreement, and remains in effect through the earlier of (i) December 31, 2040, or (ii) the date on which the Plan has been fully implemented and all Project Costs (as defined in Page 3 of 5 §311.002, Texas Tax Code, and as may be further limited in the Plan), bonds, notes, or other obligations secured by or payable from, in whole or in pa rt, Tax Increment (referred to in this Agreement as "obligations"), and interest on the obligations payable from Tax Increment collected on the Captured Appraised Value of the real property within the Reinvestment Zone have been paid in full. (b) The first payment of Tax Increment by the taxing units under this Agreement is based upon the tax increment base for the property within the Zone being determined as of January 1, 2020, and the payment shall be based upon those taxes as levied in the year 2020. The last payment of Tax Increment by the taxing units under this Agreement is for those taxes levied in the year 2039. (c) If the project to be undertaken under the Plan is not undertaken, is discontinued, or is terminated, all monies remaining in the Tax Increment Fund, after satisfaction of lawful claims, must be paid to the participating taxing units in proportion to their respective share of the total amount of tax increments derived from taxable real property in the Zone that were deposited in the Tax Increment Fu nd during the Fund’s existence. In no event shall the time required for payment of monies to the participating taxing units exceed ninety (90) days following the termination of the Reinvestment Zone. Section 5. BOARD REPRESENTATIVE. Del Mar shall have the right to appoint one member to the Reinvestment Zone Board of Directors. Del Mar may waive its right to appoint a director and is deemed to have waived the right if it has not made the appointment within 30 days of receiving written notice of its right to appoint by the City Secretary’s Office. Section 6. ANNUAL REPORT. On or before the 90th day following the end of the fiscal year of the City, the governing body of the City shall submit to the chief executive officer of each taxing unit that levies property taxes on real property in a reinvestment zone created by the City, including Del Mar, a report on the status of the zone. The contents of the report must contain all information required under section 311.016 of the Texas Tax Code. Section 7. MISCELLANEOUS. (a) Severability. In the event any term, covenant, or condition in this Agreement is hel d to be invalid by any court of competent jurisdiction, the invalidity does not affect any other term, covenant, or condition in this Agreement contained, provided that the invalidity does not materially prejudice either Del Mar or the City in their respective rights and obligations contained in the valid terms, covenants, or conditions of this Agreement. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties to this Agreement and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants Page 4 of 5 (express or implied), or other terms with respect to the covenants, wheth er written or verbal, antecedent, or contemporaneous, with the execution of this Agreement. (c) Written Amendment. Unless otherwise provided in this Agreement, this Agreement may be amended only by written instrument duly executed on behalf of each party. (d) Notices. (1) All notices required or permitted under this Agreement must be in writing and mu st be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the other respective party at the address prescribed below, or at such other address as the receiving party may have prescribed by notice to the sending party. (2) The initial addresses of the parties, which a party may change by giving written notice of its changed address to the other party, are as follows: City Del Mar Peter Zanoni Dr. Mark Escamilla City Manager President and CEO City of Corpus Christi Del Mar College 1201 Leopard 101 Baldwin Blvd. P.O. Box 9277 Corpus Christi, Texas 78404 Corpus Christi, Texas 78469-9277 (e) Non-Waiver. Failure of any party to this Agreement to insist on the strict performance of any of the agreements in this Agreement or to exercise any rights or remedies accruing under this Agreement upon default or failure of performance ma y not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation under this Agree ment, or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement binds and benefits the parties and their legal successors. This Agreement does not create any personal liabilit y on the part of any officer or agent of the City or Reinvestment Zone or any officer, agent, or employee of Del Mar. (g) No Waiver of Immunity. No party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenan ts contained in this Agreement. IN WITNESS OF THIS AGREEMENT, the City and Del Mar have made and executed this Agreement in multiple copies, each of which is an original. [Signature Page Follows] Page 5 of 5 CITY OF CORPUS CHRISTI DEL MAR COLLEGE _________________________ _________________________ Constance Sanchez Dr. Mark Escamilla Chief Financial Officer President and CEO Date: Date: ATTEST: ATTEST: _________________________ _________________________ Rebecca Huerta Date: City Secretary Date: APPROVED AS TO FORM: _________________________ Assistant City Attorney For City Attorney DATE: October 21, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com 361-826-3227 CAPTION: Motion to approve a Development Reimbursement Agreement with South Padre Investment, Inc. for reimbursement of infrastructure costs related to the development of the Bohemian Colony, located in Tax Increment Reinvestment Zone No. 5, up to $17,000,000 or a maximum of 20 years, whichever is less. SUMMARY: This motion authorizes a Development Reimbursement Agreement with South Padre Investment, Inc., for a development located in TIRZ #5 for infrastructure, specifically, street, stormwater, water infrastructure, and the development and maintenance of a 10-acre park. The reimbursement of the infrastructure costs will be from ad valorem taxes generated by the increment above the base value of approximately 261.6 acres. The TIRZ will exist until the infrastructure costs are reimbursed in full to the developer, up to $17,000,000 or a maximum of 20 years, whichever is less. The base year will be the values as of tax year, January 1, 2020. BACKGROUND AND FINDINGS: On July 14, 2020, a presentation was made to the City Council that provided an overview of the developer-petitioned Tax Increment Reinvestment Zone (TIRZ) (Ch 311 Tax Code) for developer reimbursement of street, sewer, stormwater and water infrastructure and development and subsequent maintenance of a 10-acre park. The proposed development will have 999 multi-family units, 777 townhomes, and 450,000 sq./ft of commercial space. The proposed 258.9-acre development is located on the southwest corner of South Padre Island Drive (SPID) and Crosstown Expressway and is currently used primarily for agricultural purposes. On August 11, 2020, an ordinance designating 258.9 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Five, City Of Corpus Christi, Texas" pursuant to petition by owners of Crosstown Commons subdivision; setting a maximum City financial participation of 75% over 20 years and a maximum contribution of $9,000,000; and establishing a Board of Directors for the Reinvestment Zone passed on first reading. Motion to approve a Development Reimbursement Agreement with South Padre Investment, Inc. for reimbursement of infrastructure costs related to development of the Bohemian Colony in TIRZ #5 AGENDA MEMORANDUM Action Item for the City Council Meeting October 27, 2020 On August 18, 2020, a second reading ordinance passed. On September 9, 2020, Nueces County approved the interlocal agreement for its participation at 75% of its increment for the life of the TIRZ. On October 13, 2020, Del Mar College approved an item on its agenda to approve the interlocal agreement at 75% for twenty years, up to $4,000,000. On October 20, 2020, the Tax Increment Reinvestment Zone Number Five Board approved the Project & Financing Plan. Project Plan: The purpose of the TIRZ #5 is to finance the construction of public facilities and infrastructure necessary to stimulate residential and commercial development within the zone boundaries. Developer reimbursement will include street, sewer, stormwater, water infrastructure and development and subsequent maintenance of a ten-acre park. The Project will be a master planned development that will include the construction of public infrastructure to support the development of 777 townhomes, 999 multifamily units, and 450,000 square feet of commercial space. The commercial space will be located as follows: 275,000 square feet within the BoCo master planned community and 175,000 square feet on the Ayers tract. The area within the zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, inadequate sidewalks, and street layout. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. These conditions meet the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation. Finance Plan: The reimbursement of the infrastructure costs will be from the ad valorem taxes generated by the increment above the base value of approximately 261.6 acres. The TIRZ will exist until the infrastructure costs are reimbursed in full to the developer, the TIRZ collects $17,000,000 or a maximum of 20 years, whichever is less. The base year will be the values as of tax year 2020 and the total TIRZ contributions will not exceed $17,000,000. The taxable value added after 20 years is estimated at $320,000,000. The following taxing jurisdictions will contribute to the TIRZ as detailed below. Taxing Entity Maximum Dollar Contribution Increment Percentage Tax Years City of Corpus Christi $9,000,000 75%* 2020-2039 Nueces County None 75% 2020-2039 Del Mar College $4,000,000 75% 2020-2039 *Excluding the residential street portion of the tax rate which is currently four cents. The developer will be reimbursed for infrastructure from revenue generated by the increment over the base year. The amounts for each phase will be reimbursed after the infrastructure is completed and accepted by the City. The Development Reimbursement Agreement includes the following: Maximum reimbursement to the Developer under the agreement is $17,000,000. Construction of City infrastructure, including streets, drainage, and a 10-acre City Park. Reimbursement is limited to the cost of specified infrastructure Developer reimbursement begins after a request for reimbursement has been submitted to the City and all required inspections and documentation has been received and accepted by the City and the infrastructure has been included in a recorded plot. Developer reimbursement obligations: Limited to 100% of the increment collected by the TIRZ, less administrative costs and costs of park maintenance, for infrastructure that has been accepted by the City. Each such payment shall be made no later than April 30th of each year. Reimbursement ends with the earlier of these events: o TIRZ terminates on 12/31/2040. o Maximum reimbursement of $17,000,000 is reached. o All eligible costs for the specified infrastructure have been reimbursed. Developer Obligations: Developer agrees that the completed improvements shall substantially conform to the conceptual development plan. Developer shall obtain all permits from the City and begin construction of the first Phase or Subphase of townhomes development on or before April 30, 2022. o Completions of first Phase or Subphase of townhomes as evident by Certificate of Occupancy (C of O) on or before April 30, 2023. Developer shall obtain permits from the City and begin construction of the first Phase or Subphase of commercial development on or before December 31, 2025. o Developer shall receive a C of O for a building or buildings including not less than 50,000 square feet of gross floor area within the First Commercial Phase, on or before December 31, 2026. Development Progress: o The following Improvements shall be completed, as evidenced by receipt of a C of O, on or before December 31, 2034: a) 500 townhome units; and b) 600 multi-family units; and c) 300,000 square feet of gross floor area of commercial development. If the improvements are not completed on or before December 31, 2034, City may suspend payment of reimbursements for Eligible Infrastructure and holding costs until such time as these improvements are complete. ALTERNATIVES: City Council could choose not to approve the Development Reimbursement Agreement and choose to send back to the TIRZ #5 Board for revisions. FISCAL IMPACT: Del Mar College and Nueces County will participate at a rate of 75% of their tax increment with the base year being 2020. The City’s twenty-year contribution is capped at $9 million; TIRZ #5 estimated increment is $17,000,000. Funding Detail: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: Staff recommends approving the Development Reimbursement Agreement. TIRZ #5 suffers from economic stagnation, inadequate infrastructure, inadequate sidewalks, and street layout. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. LIST OF SUPPORTING DOCUMENTS: Development Reimbursement Agreement 1 TIRZ #5 DEVELOPMENT REIMBURSEMENT AGREEMENT- Bohemian Colony This Development Reimbursement Agreement (the “Agreement”) is entered into by and between the City of Corpus Christi, Texas (the “City”), as the agent of the Reinvestment Zone Number 5, City of Corpus Christi, Texas (“TIRZ #5”), and South Padre Investment, Inc. (the “Developer”). Recitals WHEREAS on August 18, 2020, the City Council of the City (the “City Council”) approved Ordinance 032183, which established the TIRZ #5 in accordance with Texas Tax Code Chapter 311. TIRZ #5 promotes economic development and stimulates business and commercial activity in the specified boundary near S Padre Island Drive and Crosstown Expressway as laid out in the creation ordinance (the “Zone”); WHEREAS on October 27, 2020, the City Council approved a Project and Financing Plan (the “Plan”) for TIRZ #5; WHEREAS the Board of Directors of TIRZ #5 (the “Board”) includes members appointed by City Council, as well as representation from Nueces County and Del Mar College, who committed to contribute to TIRZ #5 through Interlocal Agreements created in 2020; WHEREAS the Plan contained certain programs designed to improve conditions and increase commerce within the Zone; WHEREAS the Developer has proposed a development plan (the “Development”) for the certain improvements listed on attached Exhibit A (each, an “Improvement” and, collectively, the “Improvements”), including specific eligible infrastructure improvements (“Eligible Infrastructure”) as listed in the attached Exhibit C. The Development and Improvements are to be constructed in phases (each, a “Phase” and, collectively the “Phases”) as defined in Exhibit A. Each Phase and associated Eligible Infrastructure may be further divided into subphases (“Subphase”). The term Phase may also include such Subphases. A Subphase is a defined portion of a Phase that includes a subset of the Improvements identified in a particular Phase. Any Subphases will be identified in revisions to the Conceptual Development Plan prior to any development of such Subphase. The Improvements are planned to be constructed on the property located at the intersection of S Padre Island Drive and Crosstown Expressway, with such property being more fully described on attached Exhibit B (the “Property”); WHEREAS, the Property is located within the Zone, and the Improvements fall within one of the programs approved in the Plan; WHEREAS, any reference to “City” or “City Staff,” is entirely in agency capacity for TIRZ #5, and further the City as a home-rule municipal corporation is not a party to this agreement; WHEREAS, any reference to “Contract Administrator” shall mean the City’s Director of Finance and Business Analysis, or designee, unless a different Contract Administrator is named by notice mailed to the Developer in accordance with the Agreement; and WHEREAS the Developer desires to be reimbursed for certain future costs incurred pursuant to the Development, and TIRZ #5 desires to reimburse the Developer for these costs in accordance with this Agreement; 2 Agreement Now therefore, in consideration of the mutual covenants and obligations, the parties agree as follows: Section 1. Reimbursement Obligations. The City shall reimburse the Developer from available TIRZ #5 funds in an amount up to the estimated project cost listed next to the Eligible Infrastructure in attached Exhibit C (the “Eligible Infrastructure and Estimated Project Costs”), except that (a) the total amount of all such reimbursements for Eligible Infrastructure may not exceed $17,000,000.00 and (b) if the Developer actually incurs a cost for an Eligible Infrastructure less than that Eligible Infrastructure’s Estimated Project Cost, the City shall reimburse the Developer for only the amount of the cost that the Developer actually incurred for that Eligible Infrastructure. Based on qualifications of the Development, the Program reimbursement structure is as follows: (a) Beginning the first tax year for which the tax is levied after the Developer receives a recorded plat for any Phase of the project (or a Certificate of Occupancy for any asset that requires it) from the City’s Development Services Department, the City shall reimburse annually up to 100% of the property tax increment paid to the participating taxing entities in TIRZ #5, minus the administrative costs reimbursed to the City for management of the TIRZ #5 and costs for the maintenance of the BoCo Park, as defined by Exhibit A, for the term of the TIRZ #5. (b) Each such payment shall be made no later than April 30th of each year, subject to the receipt of a request for reimbursement in accordance with Section 2, receipt of the documentation specifically required in this Section, and the Developer’s compliance with all obligations in Section 2. Each year’s payment will be limited to the increment actually collected by all taxing entities on or before January 31st of that year. Each payment limited to the amount of Eligible Infrastructure assets that have been inspected and accepted by the City in a recorded plat provided to the Contract Administrator along with a request for reimbursement. The total maximum reimbursement for the Eligible Infrastructure in each Phase or Subphase will be certified by the Contract Administrator at the time that reimbursement is requested in accordance with Section 2 below. The amount of reimbursement is limited to eligible Project Costs, which may include all costs related to the construction of the asset, including permit fees, design and construction costs, and financial holding costs, including simple interest (not to exceed five percent per annum), but not compound interest, beginning on the date that the asset is accepted by the City and continuing until the full incentive has been distributed for that asset. Reimbursement of financial holding costs in any year is subject to the Developer providing documentation demonstrating that such amounts were actually paid by the Developer that year. (c) City shall not make any reimbursement payments to Developer for Eligible Infrastructure in a Phase or Subphase until the submission of an application to the City for the first building permit for that Phase or Subphase, after the Eligible Infrastructure has been inspected and accepted by the City in a recorded plat. The foregoing condition precedent shall not apply to reimbursement for any Eligible Infrastructure associated with the park identified as “BoCo Park/Commons” under the Conceptual Site Plan, except that no reimbursement will be made for that Eligible Infrastructure unless the Eligible Infrastructure has been inspected and accepted by the City. (d) Subject to force majeure in accordance with Section 8 of this Agreement, if the Developer stops work on any Phase or Subphase of the Project for a period of more than four months after obtaining the necessary permits, the City may suspend payment of reimbursements for Eligible Infrastructure in and accrual of interest related to that Phase or Subphase until such time as construction of that Phase or Subphase resumes. 3 (e) After City has paid to Developer an amount equal to either the total amount that Developer expended on eligible Project Costs for Eligible Infrastructure or $17,000,000.00 (minus the City’s reasonable costs for administration of the Zone and maintenance of the BoCo Park/Commons), whichever is lowest, City shall have no further obligation to pay any amount to Developer. (f) No interest shall accrue on any amount of unreimbursed Project Costs, and City shall not be obligated to pay Developer any interest whatsoever under this Agreement except as provided in (b) above. (g) The reimbursement under this Agreement is for either the time period provided in (a) above or the amount of time required to reimburse the total required amount in accordance with (b) and (c) above, whichever comes first. Section 2. Developer Obligations. (a) Developer agrees that the completed Improvements shall substantially conform to the Conceptual Development Plan attached hereto as Exhibit A. Any amendments to the Conceptual Development Plan must be submitted in writing to the City Manager, who may reasonably object to changes that adjust the character of the Development. (b) Commencement and Completion of Initial Phases. Developer shall obtain all permits from the City and begin construction of the first Phase or Subphase of townhome development (“First Townhome Phase”) on or before April 30, 2022. Developer shall substantially complete the First Townhome Phase, as evidenced by receipt of a Certificate of Occupancy (“C of O”) for a building or buildings including not less than 71 units within the First Townhome Phase, on or before April 30, 2023. Developer shall obtain all permits from the City and begin construction of the first Phase or Subphase of commercial development (“First Commercial Phase”) on or before December 31, 2025. Developer shall receive a C of O for a building or buildings including not less than 50,000 square feet of gross floor area within the First Commercial Phase, on or before December 31, 2026. If Developer fails to meet any of the foregoing conditions, City may suspend payment of reimbursements for Eligible Infrastructure and accrual of interest until such time as said condition is met, but such failure shall not be an event of default under Section 12 of this Agreement. (c) Development Progress. The following Improvements shall be completed, as evidenced by receipt of a C of O, on or before December 31, 2034: a) 500 townhome units; b) 600 multi-family units; and c) 300,000 square feet of gross floor area of commercial development. If the Improvements noted in this paragraph are not completed on or before December 31, 2034, City may suspend payment of reimbursements for Eligible Infrastructure and accrual of interest until such time as these Improvements are complete. Failure to complete the aforementioned Improvements on or before December 31, 2034 shall not be an event of default under Section 12 of this Agreement. (d) Following the completion of any Improvements or portion of any Improvements for which the Developer is eligible for reimbursement, the Developer shall submit a Request for Reimbursement to the Contract Administrator for actual Project Costs, including: (i.) C of O or recorded plat; (ii.) specific improvements completed under the Project and the amount of money that Developer paid for completion of such work and that Developer claims as actual Project Costs; (iii.) supporting documents demonstrating that such amounts were actually paid by Developer, including but not limited to invoices, receipts and final lien waivers signed by the general contractor; (e) Developer agrees that appropriate City Staff shall inspect the Improvements and certify that the Improvements are complete, acceptable, and comport to the terms of this Agreement prior to the submission of its Request for Reimbursement. 4 (f) Developer shall submit a Request for Reimbursement form to be reviewed and approved by the appropriate City staff, such approval not to be unreasonably withheld, conditioned or delayed. (g) If the Developer fails to pay the required taxes on a lot or lots within the Property or files an appeal to the Nueces County Appraisal District or any state or federal court of the assessed value of a lot or lots within Property for ad valorem tax purposes, the City and TIRZ #5 shall be under no obligation to make any payments from revenues generated by that lot or lots under this Agreement until such time as the appeal is resolved and all taxes are paid in full. Any late fees, fines, or interest assessed as a result of the failure to pay taxes or the appeal process shall not be reimbursed to the Developer under this Agreement. Section 3. Audit. Developer, during normal business hours and with at least five business days prior notice, shall allow designated City Staff reasonable access to inspect all financial and business records of Developer that relate directly to the Improvements to the extent necessary to assist City Staff in verifying the Developer’s compliance with the terms and conditions of this Agreement. TIRZ #5 and the City shall have the right to have these records audited, and shall maintain the confidentiality of these records to the extent permitted under the Texas Government Code. Section 4. Sales Tax Sourcing. The Developer shall, except where not reasonably possible to do so without significant added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, utilize, or cause its contractors to utilize, Separated Building Materials and Labor Contracts for all taxable building material contracts related to the Development in the amount of $100,000 or more, to site payment of the sales tax on building materials for the Development to the Property. Section 5. Maintenance of Property and Improvements. Developer must maintain the area or areas of the Property, including any Improvements made to the Property, that Developer owns in accordance with the City’s Code of Ordinances for the entirety of the time that the Developer owns that area or areas of the Property. Maintenance of the BoCo Park, as defined in Exhibit A, will be funded by the TIRZ #5. Section 6. Termination. Except for any obligations that are specifically stated to survive beyond the final payment or termination of the Agreement, this Agreement shall terminate upon the earlier of: 1) December 31, 2040; or 2) when Developer has been fully reimbursed in accordance with Section 1(c) of this Agreement. Section 7. Warranties. Developer warrants and represents to City the following: (a) Developer, if a corporation, partnership, or limited liability company, is duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. (b) Developer has the authority to enter into and perform, and will perform, the terms of this Agreement. 5 (c) Developer has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed, and has timely paid and will timely pay all assessments, fees, and other governmental charges, including applicable ad valorem taxes, during the term of this Agreement. (d) If an audit determines that the request for funds was defective under the law or the terms of this agreement, Developer agrees to reimburse the City for the sums of money not authorized by law or this Agreement within 30 days of written notice from the City requesting reimbursement. (e) The parties executing this Agreement on behalf of Developer are duly authorized to execute this Agreement on behalf of Developer. (f) Developer does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Developer is convicted of a violation under 8 U.S.C. Section 1324a(f), Developer shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Developer has been notified of the violation. This obligation will survive the termination of this Agreement. Section 8. Force Majeure. If the City or Developer are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, pandemic, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the City or Developer are temporarily suspended during continuation of the force majeure. If either party’s obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. Section 9. Assignment. This Agreement is not assignable by any Party without the written consent of the non-assigning Parties. However, Developer may assign this Agreement to a parent, subsidiary, affiliate entity or newly created entity resulting from a merger, acquisition or other corporate restructure or reorganization of Developer without City consent. In such cases, Developer shall give City no less than thirty (30) days prior written notice of the assignment or other transfer. For assignments in which written consent from the City is required, that consent shall not be unreasonably withheld, conditioned, or delayed. Any and all future assignees must be bound by all terms and/or provisions and representations of this Agreement as a condition of assignment. Any attempt to assign the Agreement without the notification and subsequent consent of the City, if consent is required under this Section, shall be deemed an event of default in accordance with the terms of Sections 11 and 12 herein. Any assignment of this Agreement in violation of this Section and not cured in accordance with the terms of this Agreement, shall enable the City to terminate this Agreement. Any restrictions in this Agreement on the transfer or assignment of the Developer’s interest in this Agreement shall not apply to and shall not prevent the assignment of payments under this Agreement to a lending institution or other provider of capital in order to obtain financing for the Project. In no event, shall the City or TIRZ #5 be obligated in any way to said financial institution or other provider of capital. 6 Section 10. Indemnity. Developer covenants to fully indemnify, save, and hold harmless the TIRZ #5, the City, their respective officers, employees, and agents (“Indemnitees”) against all liability, damage, loss, claims, demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers’ compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Developer activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Developer must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Section 11. Events of Default. The following events constitute a default of this Agreement: (a) Failure of Developer to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. (b) TIRZ #5, the Board or City Staff determines that any representation or warranty on behalf of Developer contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the TIRZ #5 in connection with this Agreement was incorrect or misleading in any material respect when made. (c) Developer makes an assignment of this Agreement for the benefit of creditors, except as provided in Section 9. Section 12. Notice of Default. Should the City determine that Developer is in default according to the terms of this Agreement, the City shall notify Developer in writing of the event of default and provide 60 days from the date of the notice (“Cure Period”) for Developer to cure the event of default. Notwithstanding the above, if such default cannot be cured by reasonably diligent efforts within 60 days, then such occurrence shall not be a default so long as Developer promptly initiates and diligently and continuously attempts to cure the same, even if the same is not cured within the Cure Period. Section 13. Results of Uncured Default. If the City Manager determines the default has not been cured or an attempt to cure has not been initiated within the Cure Period, the City Manager may terminate this Agreement and the following actions shall be taken by the Parties: (a) Developer shall immediately repay all funds paid from TIRZ #5 funds under this Agreement. (b) Developer shall pay reasonable attorney fees and costs of court. 7 (c) The City and TIRZ #5 shall have no further obligations to Developer under this Agreement. (d) Neither the City nor the TIRZ #5 may be held liable for any consequential damages. (e) The City and TIRZ #5 may pursue all remedies available under law. Provided, however, that if the City Manager determines that the default has not been cured within the Cure Period, the City Manager may elect to extend the Cure Period for a reasonable time. Section 14. No Waiver. (a) No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. (b) No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. (c) Any waiver or indulgence of Developer’s default may not be considered an estoppel against the City or TIRZ #5. (d) It is expressly understood that if at any time Developer is in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of the rights and remedies that the City may have, will not be considered a waiver on the part of the City, but City may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Section 15. Available Funds. Developer specifically agrees that City and the TIRZ #5 shall only be liable to Developer for the actual amount of the money due Developer under this Agreement from TIRZ #5 funds, and shall not be liable to Developer for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by City or the TIRZ #5 under the terms of this Agreement. Payment by City is strictly limited to the total amount of increment funds for TIRZ #5. City agrees that it shall not pledge or expend any tax increment in a way that impairs its obligations under this Agreement. Section 16. Notices. Any required written notices shall be sent by certified mail, postage prepaid, addressed as follows: Developer: South Padre Island Investment, Inc. Attn: Roberto Santos Williams 209 San Dario PMB 7-466 Laredo, TX 78040 City of Corpus Christi Attn.: City Manager’s Office Tax Increment Reinvestment Zone #5 P.O. Box 9277 Corpus Christi, Texas 78469-9277 Notice is effective upon deposit in the United States mail in the manner provided above. 8 Section 17. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. Section 18. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. Section 19. Severability. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 20. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. Section 21. Sole Agreement. This Agreement constitutes the sole agreement between City and Developer. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. [Signature Page Follows] 9 APPROVED AS TO FORM: ____ day of ________________, 20__. ____________________________ Assistant City Attorney For City Attorney By: _______________________________ Constance Sanchez Chief Financial Officer Date: ______________________________ City of Corpus Christi on behalf of Reinvestment Zone Number 5, City of Corpus Christi, Texas Attest: By: ______________________________ Rebecca Huerta City Secretary Developer By: ______________________________ President/Chief Executive Officer Date: ______________________________ 10 Exhibit A – Development Plan Exhibit B – Property Description Exhibit C – Eligible Infrastructure and Estimated Project Costs 11 Exhibit A – Conceptual Development Plan The Project will be a master planned development that will include the construction of public infrastructure to support the development of a mixed use project, which is anticipated to include approximately 777 townhomes, 999 multifamily units, and 450,000 square feet of commercial space. These are estimated based on market conditions at the time of the execution of this Agreement and are subject to change, except that the Developer must construct a minimum of 500 townhome units, 600 apartment units, and 300,000 square feet of commercial space, as listed in the Agreement. The Project will be known as Bohemian Colony (“BoCo”). The commercial space is anticipated to be located as follows: approximately 275,000 square feet within the BoCo master planned community and approximately 175,000 square feet on the Ayers tract. The estimated taxable value of the project over 20 years is approximately $321,000,000. Project Phases The Project will be constructed in Phases as defined below (and depicted in the images provided). All construction dates, square footage and number of units included in the descriptions of the Phases are estimates only and included for illustrative purpose, except that the minimum number of units and square footage listed above will be constructed over the course of the Project. The phases may be completed in any order, and may be built in subphases. Townhome Phase I – a 19-acre townhome development, including 142 units. Construction of Townhome Phase I is expected to begin in the first month following approval of this Agreement. Townhome Phase II – a 19-acre townhome development, including 145 units. Construction of Townhome Phase II is expected to begin in the 29th month following approval of this Agreement. Multifamily Phase I – a 28-acre multifamily development, including 500 units. Construction of Multifamily Phase I is expected to begin in the 41st month following approval of this Agreement. Townhome Phase III – a 57-acre townhome development, including 490 units. Construction of Townhome Phase III is expected to begin in the 57th month following approval of this Agreement. Business/Commercial – 450,000 sq.ft. business and commercial development that is split across two locations: 275,000 square feet within the BoCo master planned community and 175,000 square feet on the Ayers tract, which is across Crosstown Expressway from the BoCo masterplan. Construction of the business and commercial space is expected to begin in the 60th month following approval of this Agreement. May be completed before or after the BoCo Park. BoCo Park – a 10-acre public park also referred to as the Commons in the image below. The park will be constructed in accordance with designs approved by the City and including all features common to parks of this sort within the City. Construction of the BoCo Park is expected to begin in the 60th month following approval of this Agreement. May be completed before or after the Business/Commercial Phase. Multifamily Phase II – a 26-acre multifamily development, including 500 units. Construction of Multifamily Phase II is expected to begin in the 72nd month following approval of this Agreement. 12 13 14 Exhibit B – Property Description NCAD GEO ID PROPERTY DESCRIPTION LOCATION ACRES 0847-0004-0053 BOHEMIAN COLONY LANDS 144.452 ACS OUT OF LTS 5 & 6 SEC 4 GREENWOOD DR @ HOLLY RD 144.45 4398-0009-0010 LEXINGTON CENTER 9.73 ACS OUT LT 1 BLK 9 (W OF ROW) 5333 AYERS ST 9.73 0847-0004-0034 BOHEMIAN COLONY LANDS 62.51 ACS OUT LTS 3 & 4 SEC 4 (W OF ROW) CROSSTOWN EXTENSION @ HOLLY RD 62.51 0847-0004-0039 BOHEMIAN COLONY LANDS 2.37 ACS OUT LTS 3 & 4 SEC 4 (W OF ROW) 2.37 0847-0004-0038 BOHEMIAN COLONY LANDS 29.4423 ACS OUT LTS 3 & 4 SEC 4 (E OF RR) CROSSTOWN EXTENSION & AYERS ST 29.44 0847-0004-0041 BOHEMIAN COLONY LANDS .30 ACS OUT LTS 3 & 4 SEC 4 (E OF RR) 0.30 Metes and bounds begin on next page. 15 16 17 18 19 Exhibit C – Eligible Infrastructure and Estimated Project Costs Eligible Infrastructure Cost Existing Silverberry Drive to Greenwood Drive $724,500 Future Coastal Crosstown Drive $1,294,900 Main East/West Access Drive Greenwood to Roundabout $2,290,800 Main North/South Access Drive to Holly Road $2,691,000 Roundabout to S.H. 286 Access Road $1,431,750 Roundabout $258,750 Park Development Cost $3,100,000 Total Project Cost $11,791,700 00 Additional Allowable Amount (including holding costs) $5,208,300 Total Maximum Reimbursable Amount $17,000,000 Roadway Improvements – Detailed Cost Estimates Eligible Infrastructure Quantity Unit Price Estimated Cost Existing Silverberry Drive to Greenwood Drive Roadway Improvements (Paving, Curbs & Sidewalk) 2,100 $225 $472,500 Minor Drainage Extensions & Utility Stubouts 2,100 $75 $157,500 15% Contingency & Design $94,500 Total $724,500 Future Coastal Crosstown Drive Roadway Improvements 1,700 $430 $731,000 Drainage Addition off Existing Line 1 $60,000 $60,000 Sanitary Sewer 500 $100 $50,000 Water Line & Hydrants 1,700 $50 $85,000 Lift Station Rehabilitation 1 $200,000 $200,000 15% Contingency & Design $168,900 Total $1,294,900 Main East/West Access Drive Greenwood to Roundabout Roadway Improvements 2,400 $430 $1,032,000 Drainage 2,400 $250 $600,000 Sanitary Sewer 2,400 $100 $240,000 15% Contingency & Design 2,400 $50 $120,000 Total $298,800 $2,290,800 Main North/South Access Drive to Holly Road Roadway Improvements 2,600 $500 $1,300,000 Drainage 2,600 $250 $650,000 20 Sanitary Sewer 2,600 $100 $260,000 Water Line and Hydrants 2,600 $50 $130,000 15% Contingency & Design $351,000 Total $2,691,000 Roundabout to S.H. 286 Access Road Roadway Improvements 1500 $430 $645,000 Drainage 1500 $250 $375,000 Sanitary Sewer 1500 $100 $150,000 Water Line and Hydrants 1500 $50 $75,000 15% Contingency & Design $186,750 Total $1,431,750 Roundabout Quantity Roadway 450 500 $225,000 15% Contingency & Design $33,750 Total $258,750 Estimated Total Cost $8,691,700 DATE: September 21, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3276 CAPTION: Ordinance authorizing a Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd to construct wastewater lift station for a planned commercial development located on Westpoint Road and Highway 358 with a completion date within 24 months; transferring $520,000 from the Water Arterial Transmission and Grid Main Trust Fund, and $40,000 from the Water Distribution Main Trust Fund to the Wastewater Trunk System Trust Fund; and appropriate $712,412.82 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. (District 3) SUMMARY: Peterson Properties, Ltd is required to construct a wastewater lift station, force main, and wastewater collection line in order to provide wastewater service for a planned commercial subdivision named Westpoint Crossing Unit 2, Block 2, Lot 1 . The installation of the new wastewater utilities will extend service to the planned commercial subdivision. The developer has requested a reimbursement agreement in accordance with UDC Section 8.5.2 Wastewater Trust Fund. BACKGROUND AND FINDINGS: Peterson Properties, Ltd plans to install a lift station, 75 linear feet of 8-inch force main line, and 110 linear feet of 10-inch collection line in order to provide wastewater service to a planned commercial subdivision that will be constructed within City limits along Westpoint Road and Highway 358. The planned subdivision property encompasses approximately 6.91 acres with a proposed Community based outpatient clinic to be constructed on the property. The proposed lift station will extend wastewater service to approximately 483 acres of property in the surrounding area, is in accordance with the wastewater master plan, and is in the Greenwood Wastewater Service Area 5. The property in this service area is predominately Zoned IL and CG-2 and nearly all the land is undeveloped. Agreement and appropriating funds for the Peterson Properties, Ltd for a Wastewater Lift Station Construction and Reimbursement Agreement AGENDA MEMORANDUM Public Hearing First Reading Ordinance for October 27, 2020 Second Reading Ordinance for November 10, 2020 Wastewater Lift Stations and Force Main Lines that are required and comply with the wastewater master plan are eligible for reimbursement under UDC Sections 8.5.2.E.3 and 8.5.2.E.4 respectively. The Sanitary Sewer Trunk System Trust Fund is used to reimburse developers for the construction of these types of improvements. City Council gave direction to staff at the August 13, 2019 meeting to reexamine the trust funds and to provide recommendations on policies that govern the priority, order, reimbursement rate and fees charged by the trust funds. City Council directed staff return within 75 days and present their recommendations. Staff conducted detailed research into the trust funds and briefed Council on their background, history and their current operational status as well as briefed Council on the update to the 2019 Alternative Utility Financing Study which ultimately recommended transitioning from trust funds to impact fees. Staff worked with Contracts and Procurement to issue an RFQ to provide Master Plans for the City’s water, wastewater, stormwater and roadway infrastructure and to provide an Impact Fee Study. Once evaluations and interviews are completed, the RFQ should be placed on the City Council Agenda for consideration in late September or early October 2020. ALTERNATIVES: Based upon the current UDC language in section 8.5.2 Wastewater Trust Fund the developer requested reimbursement for the installation of a wastewater lift station, force main line, and master planned collection line that that will serve the planned subdivision. If the request were to be denied and the developer had to assume the costs associated with the installation of master planned the wastewater lines and lift station, the project may become cost prohibitive. Another alternative is to identify the project as a capital improvement project to be constructed by the city, establish public improvement taxing district (PID), or impact fees to fund the installation of new utilities infrastructure in this area. This alternative may delay this project in the short term but would establish a viable long-term funding option for the installation wastewater utilities infrastructure to this property. FISCAL IMPACT: The total amount requested for the reimbursement agreement is $712,412.82. The four Trust Funds have a combined estimated available balance of $1,059,899.27 as of August 31, 2020. This balance does not consider agreements that are pending and are scheduled for City Council consideration ahead of this agreement request. The approval of this agreement will leave the Trust Funds with an available balance of approximately $25,000 based upon the 8/31/20 Trust Fund balance report provided by the Finance Department. The expenditures for this project are a one-time cost and are not associated with any other projects. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees, Pro-rata Fees and Surcharge Fees that are charged during the platting process. Over time the fees collected and deposited will replenish the Trust Funds and enable other developer-initiated water infrastructure projects to be reimbursed. Sections 8.5.1.C.4 and 8.5.2.I of the UDC authorizes the redistribution of monies between the four trust funds, after a public hearing, in order to reimburse the developer for projects that exceed the current balance in any single trust fund. Funding Detail: Fund: 4220 Sanitary Sewer Trunk Main Trust Fund Organization/Activity: 21800 Sanitary Sewer Trunk Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Arterial Transmission and Grid Main Trust Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 209010 Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 209020 RECOMMENDATION: The request is in accordance with UDC Section 8.5.2 Wastewater Trust Fund and the wastewater masterplan. The installation of this wastewater lift station, force main, and collection line will provide wastewater service to the planned development location and will help foster the development of the vacant property in the area surrounding the applicant’s property. Staff recommends approval of the applicant’s request. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Location Map Ordinance authorizing a Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd to construct wastewater lift station for a planned commercial development located on Westpoint Road and Highway 358 with a completion date within 24 months; transferring $520,000 from the Water Arterial Transmission and Grid Main Trust Fund, and $40,000 from the Water Distribution Main Trust Fund to the Wastewater Trunk System Trust Fund; and appropriate $712,412.82 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. WHEREAS, the Developer, has submitted a plat named Westpoint Crossing Unit 2, Block 2, Lot 1, to wit: approximately 6.91 acres out of Lot 16, Section 5, Range VIII of the Gugenheim & Cohen’s Farm Lots; WHEREAS, under the UDC, the Developer is responsible for construction of the lift station, wastewater force main, and master planned collection line (“Lift Station, Force Main and Collection Line”); WHEREAS, under the UDC, the Developer is eligible for reimbursement of the Developer's costs for the construction of the Lift Station, Force Main and Collection Line; WHEREAS, it is to the best interest of the City that the Lift Station, Force Main and Collection Line be constructed to its ultimate capacity under the City’s applicable Master Plan; WHEREAS, Section 8.5.2.E.4 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; and WHEREAS, after a public hearing pursuant to UDC §8.5.2.I & §8.5.1.C.4, City Council finds the transfer of $520,000 from the 4030-21805 Water Arterial Transmission and Grid Main Trust Fund and $40,000 from the 4030-21806 Water Distribution Main Trust Fund to the No.4220-21800 Wastewater Trunk System Trust Fund is necessary to better carry out the purposes of this Unified Development Code. WHEREAS, the Developer has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Lift Station, Force Main and Collection Line; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Lift Station Const ruction and Reimbursement Agreement (Agreement) attached hereto, with Peterson Properties, Ltd for the construction and installation of a lift station, 8-inch wastewater force main line, and 12-inch master planned collection line, for the development of the property known as Westpoint Crossing Unit 2, Block 2, Lot 1, Corpus Christi, Texas. SECTION 2. Funding in the amount of $520,000 is transferred from the No. 4030- 21805 Water Arterial Transmission and Grid Main Trust to the No.4220-21800 Wastewater Trunk System Trust Fund. SECTION 3. Funding in the amount of $40,000 is transferred from the No. 4030- 21806 Water Distribution Main Trust to the No.4220-21800 Wastewater Trunk System Trust Fund. SECTION 4. Funding in the amount of $712,412.82 is appropriated from the No.4 220-21800 Wastewater Trunk System Trust Fund, to reimburse the Developer for the construction o f a lift station, 8-inch wastewater f orce m ain line, 12-inch master planned collectio n line, and construction improve ments in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter _____________ Roland Barrera ________________ Ben Molina _____________ Rudy Garza ________________ Everett Roy _____________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: ___________________ _____ ________________ Rebecca Huerta Joe McComb City Secretary Mayor Exhibit 1 Exhibit 3 i TABLE OF CONTENTS EXECUTIVE SUMMARY SECTION I INTRODUCTION SECTION II PROPOSED IMPROVEMENTS A. GRAVITY SANITARY SEWER B. LIFT STATION C. FORCE MAIN SECTION III GRAVITY PIPE AND FORCE MAIN ALIGNMENT A. LOCATIONS AND ALIGMENT FOR PROPOSED SEWER LINES B. CROSSINGS SECTION IV LIFT STATION DESIGN CRITERIA A. SERVICE AREA AND SITE SELECTION B. DESIGN FLOW C. LIFT STATION DESIGN D. STORAGE CAPACITY SECTION V BASIS OF DESIGN A. PROPOSED WEST POINT LIFT STATION INTERIM FLOWS B. PROPOSED WEST POINT LIFT STATION FUTURE FLOWS C. EXISTING FM 665 LIFT STATION SECTION VI WORK PLAN SECTION VII CONSTRUCTION REQUIREMENTS EXHIBITS: A Master Plan Map ES-1 EXECUTIVE SUMMARY The following is the Executive Summary for the plan submission for the West Point Crossing Sanitary Sewer Improvements. This project involves the installation of one sanitary sewer duplex lift station, gravity sanitary sewer, and 10” force main. There is a proposed development located at the west corner of West Point Road and North Padre Island Drive intersection. Currently there is no gravity sanitary sewer in this area. There is a 6” diameter sanitary sewer force main adjacent to the proposed development. The 6” force main was installed in 2016 and runs between the existing FM 665 Lift Station on Old Brownsville Road and a gravity sanitary sewer manhole located near the intersection Bush Street and Hendricks Street. As part of the proposed improvements, the proposed West Point Lift Station will intercept the existing 6” force main. A short gap will be cut into the existing 6” force main at the proposed lift station site. At the upstream end of the force main gap, a new 5’ diameter site manhole will be installed to direct the existing 6” force main flow to the proposed West Point Lift Station. The proposed West Point Lift Station discharge piping will connect to the downstream end of the 6” force main gap. The existing 6” force main runs between the existing FM 665 Lift Station on Old Brownsville Road (FM 665) and a discharge point at a manhole at the intersection of Hendricks Street and Bush Street, please see attached Master Plan exhibit. The proposed West Point Lift Station will be installed at a location on West Point Road approximately 750 feet to the west of the South Padre Island Drive and West Point Road Intersection. The proposed West Point Lift Station will pump in series with the existing FM 665 Lift Station. The proposed West Point Lift Station will have an interim phase and a future phase. The design flow for the interim phase is approximately one half of the future flow. The design flow for the interim phase is 674 gpm and the design flow for the future phase is 1,348 gpm. The interim flow of 674 gpm will maximize the use of the existing 6” force main. Any flow greater than 674 gpm will produce too high of velocities. The proposed lift station will have a 10” diameter discharge header piping and will pump into the existing 6” diameter force main. Before the West Point Lift Station is upgraded with the future pumps, the future 8” diameter force main will need to be constructed. The future 8” force main will be installed in a 10 foot wide utility easement along West Point ES-2 Road, North Padre Island Drive, and Bush Street and will parallel the alignment of the existing 6” force main that is currently in service. Design of the force main will follow criteria established by TCEQ in TAC 30 Chapter 217. Material for the force main line will be PVC (Green, C-900, DR 25, pressure class 165 psi). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. The lift station structure and discharge piping will be built for the future flow. The proposed West Point Lift Station will be a duplex and have a 10’ diameter x 25’ deep fiberglass wet well. Future development in this area will dictate when the lift station will need to be upgraded to be able to handle the future flow. Please see Exhibit A for the proposed services areas. Design of the proposed lift station will follow criteria established by TCEQ in TAC 30 Chapter 217 and will conform to the City of Corpus Christi standards for lift station construction. A basis of design including size, capacity and pumps is included in Section IV of this Design Memorandum. The proposed project would include approximately 50 linear feet of 8” diameter gravity sanitary sewer to be built at master plan depths (Un-adopted City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5). The proposed gravity sanitary sewer will start with an upstream point near the proposed development near the West Point Road and South Padre Island Drive intersection and will extend from that point west where it will tie into the proposed West Point Lift Station. I-1 Section I - INTRODUCTION A. PURPOSE The purpose of this project is to construct sanitary sewer infrastructure improvements for a proposed development. The proposed sanitary sewer infrastructure includes gravity sanitary sewer line, a lift station, and a future 8” force main. There is a proposed development for a tract of land at the west corner of the South Padre Island Drive and West Point Road intersection. Currently there are no gravity sanitary sewer lines in this area. There are existing gravity lines on the north side of South Padre Island Drive, but there are no existing gravity sanitary sewer infrastructure on the south side of South Padre Island Drive in this area. There is an existing 6” diameter sanitary sewer force main on the north side of West Point Road. There currently is an unadopted wastewater collection plan for this area. As part of the collection plan there is a proposed lift station and force main. As part of the proposed improvements, a segment of the permanent gravity sanitary sewer will be constructed. The downstream end of the proposed segment will discharge into the proposed sanitary sewer lift station. The proposed improvements as part of this project will provide sanitary sewer service to not only the proposed development at the South Padre Island Drive and West Point Road intersection but will also serve future developments along West Point Road and South Padre Island within the service area of the new lift station (see attached Exhibit A for service area boundary map). II-1 Section II - PROPOSED IMPROVEMENTS A. GRAVITY SANITARY SEWER 1. 10” and 8” diameter PVC All proposed PVC gravity lines will be installed at master plan depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500’ apart per TCEQ Chapter 217 requirements. The upstream manholes less than 14’ deep will be 4’ diameter. The downstream manholes 14’ and deeper will be 5’ in diameter. Manhole wall thickness and construction will conform to City of Corpus Standard Details and Specifications. B. LIFT STATION 1. Pumps and Accessories The proposed lift station is a duplex lift station, two pumps will be installed, with one pump handling the design flow and the other pump acting as a backup pump. The lift station will initially have 60 horsepower interim pumps. When flows increase and the interim pumps near capacity, there are two options. The interim pump and the future pump use the same motor and volute but have different impellers. The volute is the lower portion of the pump that covers the impeller. The impeller is the internal rotating part of the pump that forces the waste water into the discharge piping. The first option is, if the overall condition of the pump is good, only the impeller would need to be replaced. The second option is, if the overall condition of the pump is poor and is need of replacement, the entire pump would be replaced and new pumps with the higher capacity impeller would need to be installed. 2. Wet Well The proposed wet well will be 10’ in diameter and approximately 25’ deep and will be made of fiberglass. II-2 3. Lift Station Discharge Piping and Valves (above ground) For ease of maintenance, the proposed lift station valves will be installed above ground. All above ground discharge piping will be constructed with ductile iron pipe, fittings, and valves. 4. Wet Well Ventilation The proposed lift station will have passive ventilation per TCEQ Chapter 217 Regulations. The passive ventilation will consist of a 6” PVC pipe with a stainless steel bird screen. 5. Flow Meter The proposed lift station will include a flow meter to measure flow through the discharge piping. The flow meter will be installed in a fiberglass manhole adjacent to the lift station wet well downstream of the above ground discharge piping. 6. Odor Control Due the semi-rural location of the proposed lift station, no odor control systems will be installed at the lift station site. 7. Miscellaneous Site Improvements The proposed lift station will have a 6’ tall wood picket fence with three strands of barbed wire. There will be a 3’ wide personnel gate and a 12’ wide main gate to allow for vehicular entry. The lift station will include a 12’ wide concrete driveway that will be installed between the West Point Road edge of pavement and the top slab of the lift station wet well. C. FORCE MAIN 1. Force Main Piping The future 8” diameter sanitary sewer force main will be constructed of PVC (green, C-900, DR 25, pressure class 165 psi). The proposed force main will be installed with a minimum of 2’-6” of ground cover. 2. Line Valves Live valves for isolation of the force main will be installed at maximum 2,000’ intervals. III-1 Section III - GRAVITY PIPE AND FORCE MAIN ALIGNMENT A topographic survey will be performed to identify existing conditions, utilities and other possible obstructions. A. LOCATIONS AND ALIGNMENT FOR PROPOSED SEWER LINES The proposed gravity sewer line and the future 8” force main will be installed in utility easements outside of the existing street right of ways. The proposed gravity sanitary sewer will be installed within a 20’ proposed utility easement outside of the West Point Road right of way. The future 8” force main will be installed within an existing 10’ wide utility easement outside of the right of ways of West Point Road, North Padre Island Drive, and Bush Street. A segment of the future 8” force main will cross the West Point Road right of way (near South Padre Island Drive) in order to switch sides of the street. Also, approximately 115’ feet of the future 8” force main will be installed in the Bush Street/Hendricks Street right of way in order to tie to an existing manhole on the existing gravity sewer system near the Bush Street and Hendricks Street intersection. B. CROSSINGS The future 8” force main will cross existing City gas lines. 1. Utilities a. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed force main. b. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. c. Water: A preliminary investigation indicates that there will not be any crossing of existing water lines. III-2 d. Sewer (Wastewater): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. e. Gas Utility: A preliminary investigation indicates that there will one crossing of an existing City gas line. f. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. IV-1 Section IV – LIFT STATION DESIGN CRITERIA A. SERVICE AREA AND SITE SELECTION The proposed West Point Lift Station is designed to serve approximately 483.3 acres of land with various uses and build out rates that include low density residential, light industrial, and commercial development. See Exhibit A for a map of the area that the proposed West Point Lift Station will serve. As shown in Exhibit A, the existing FM 665 Lift Station will pump to the proposed West Point Lift Station. The proposed West Point Lift Station will be located approximately 750 feet to the west of the West Point Road and South Padre Island Drive intersection on the north side of West Point Road. The lift station will be located in an easement outside of the street right of way. B. DESIGN FLOW The design flow for the proposed temporary lift station was calculated by determining the land use for the various parcels of land within the lift station service area per the Waste Water Collection System Master Plan, applying the master plan flow rate per land use type and then totaling the flows. A peaking factor of 4 was used and 400 gallons/day/acre was used for infiltration. C. LIFT STATION DESIGN The lift station will be designed using the criteria set forth in Chapter 217 of TAC 30. The primary design consideration for lift stations is given to wet well volumes. The wet well will be constructed of fiberglass and will be 10’ diameter by approximately 25’ deep. The wet well volume required was calculated using the following formula: V = (T * Q) / (4 * 7.48) where T is the pump cycle time in minutes and Q is the peak flow in gallons per minute. This formula is used to calculate wet well volumes when the pump capacity is equal to the peak flow. Using a pump cycle time of 10 minutes (or 6 IV-2 pump starts per hour) and a peak flow of 1,348 gpm, the wet well volume required is 450.53 cubic feet (or 5.74 vertical feet inside of the 10 foot diameter wet well). The lift station will be designed using Flygt (Xylem) submersible centrifugal pumps. The pump motors would be 3-phase, 460V, 60 Hz. The future force main will be 8” diameter green PVC, DR-25, pressure class 165 psi, and will be approximately 2,900 feet in length. D. STORAGE CAPACITY According to TAC 30 Chapter 217, storage capacity must be provided for 20 minutes of peak flow in the event of a power outage to prevent the release of untreated wastewater. This storage can be provided in the wet well volume and influent gravity line collection system. V-1 Section V - BASIS OF DESIGN The proposed West Point Lift Station is designed for an interim phase and a future phase. The interim phase lift station will handle flows contributed from the existing FM 665 Lift Station, the proposed development at the corner of West Point Road and South Padre Island Drive, and other developments. After completing a computer model of the wastewater pressure system, the interim pumps, with one pump running, will be able to provide a flow of 674 gpm. The interim pumps would be 60 horsepower submersible pumps. The interim pumps would serve the area until future flows increase and require the pumping capacity of the lift station to be increased. When the pumping capacity needs to be increased, first, the proposed 8” sanitary sewer force main would have to be constructed. Second, the interim pumps would have to be upgraded. As previously stated, the interim pump and future pump use the same motor and volute but have different impellers. The impeller is the internal rotating part of the pump that forces the waste water into the discharge piping. At the time of increasing the pump capacity from interim to future, there are two options. The first option is, if the overall condition of the pump is good, only the impeller would need to be replaced. The second option is, if the overall condition of the pump is poor and is need of replacement, the entire pump would be replaced and new pumps with the higher capacity impeller would need to be installed. After completing a computer model of the wastewater pressure system, the future pumps, with one pump running, will be able to provide a total flow of 1,348 gpm. The future pumps would be 60 horsepower submersible pumps. A. PROPOSED WEST POINT LIFT STATION - INTERIM FLOWS Total Interim Flow = 674 gpm Pumping Condition = 129 feet total dynamic head Pump = 60 horsepower B. PROPOSED WEST POINT LIFT STATION – FUTURE FLOWS Total Peak Future Flow = 1,348 gpm Pumping Condition = 66 feet total dynamic head Pump = 60 horsepower C. EXISTING FM 665 LIFT STATION The existing FM 665 Lift Station was built in 2016 and was designed with an interim phase and a future phase. The lift station is currently configured and V-2 operating in the interim phase and the existing pumps have a capacity of 230 gpm and are 5 horsepower. The total peak future flow for the FM 665 lift station is 620 gpm at 118 feet total dynamic head. The future pumps would be 34 horsepower submersible pumps. VI-1 Section VI - WORK PLAN A. SURVEYS AND PLAN PREPARATION 1. Datum All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All pipeline plan and profile sheets will be so arranged as to read from left to right with the project beginning at the proposed lift station. Where possible, plan views will be oriented with the north to either the top or left of the sheet. VII-1 Section VII - CONSTRUCTION REQUIREMENTS A. DISPOSAL OF EXCESS SITE EXCAVATION MATERIAL All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. RESTORATION Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. STORM WATER POLLUTION PREVENTION PLAN A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. EROSION CONTROL There are no specific areas where the force main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended, beyond the City Standard Stormwater Pollution Prevention Plan. E. TRAFFIC CONTROL PLAN A Traffic Control Plan will be provided in accordance with standard City specifications and latest edition of the Texas Uniform Manual on Traffic Control Devices. STATEOFTEXASPROFESSIONALENGI NE E RLICENSED BRIAN D. WIK126591 Exhibit 5 H W Y 358 F W Y WE S T PO I N T R D S PA D RE ISLAN D D R ROCKFORD DRDARCEY DRARCHDALE DRCLIFF MAUS DRGLENFIELD DRFRIENDSHIP STBUSH STH W Y 358 F W Y S PADRE ISLAN D DR HWY 286PORTFM 763AIRPORTAYERS STF M 6 6 5 BEAR LN HWY 358 MCARDLE RDOLD BROWNSVILLE RDJOE MIREUR RDGREENWOOD RDBALDWIN BLVD HORNE RD HWY 358 HWY 286µ 0 250 500 750125Feet LOCATION MAP Date Created: 3/13/2020Prepared By: ReyRDepartment of Development Services SUBJECTPROPERTY Westpoint Crossing Unit 2Block 2, Lot 1 Map Scale: 1:5,000 Reimbursement Agreement with Peterson Properties, Ltd Reimbursement Agreement City Council October 27, 2020 Vicinity Map N Project Map N Service Area Map N Area to be served by the new lift station New lift station location 5 Trust Fund Balance Available Combined Trust Funds Balance as of 8/31/20 as reported by Finance is: $ 1,051,899.27 Individual Trust Fund balance break down: Water Arterial Transmission & Grid Main Trust Water Distribution Main Trust Sanitary Sewer Trunk System Trust Sanitary Sewer Collection Line Trust $684,139.70 $44,243.97 $264,394.17 $59,121.43 6 Recommendation Approval The reimbursement request submitted by the applicant is in accordance with UDC Section 8.5.2 Wastewater Trust Fund, and the applicant has paid the required processing fee for the reimbursement agreement. 7 Wastewater Master Plan Proposed Lift Station 8 Preliminary Plat DATE: October 14, 2020 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Jeffrey Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1919 CAPTION: Ordinance authorizing the City of Corpus Christi to exercise an Option to Purchase the Frost Bank building and adjacent lots located at 2402 Leopard Street from Frost National Bank based on a 20 year lease purchase agreement entered into in 2000 in an amount of $0.00 and authorizing the execution of the Option to Exercise Fee payment in an amount of $1,000.00 with FY 2021 funding available from the Development Services Fund and Fire Administration General Fund. SUMMARY: This ordinance authorizes the City of Corpus Christi to exercise the Option to Purchase Agreement for the purchase of the Frost Bank building and land located at or near 2402 Leopard Street from Frost National Bank and to authorize execution of documents to complete the closing for the purchase in an amount of $0.00 and the Option to Exercise Fee payment in an amount of $1,000.00. The purchase would allow the City to continue daily operations for the following departments: Development Services, Fire, and the Emergency Operations Center. BACKGROUND AND FINDINGS: In May 2000, the City of Corpus Christi and Frost National Bank entered into two agreements to lease and an option to purchase the Bank property and land located at or near 2402 Leopard Street. The Frost Bank building is a four-story building that is located on a 2.67-acre parcel with approximately 53,000 square feet of office space. Additionally, there is an adjacent 1.3098 acres of vacant parcels located near the building with a total lot acreage of 3.98 acres. Currently, the Frost Bank building is Authorization to Exercise Option to Purchase Frost Bank Building and Adjacent Lot AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 27, 2020 Second Reading Ordinance for the City Council Meeting of November 10, 2020 occupied by the City’s Development Services Department, Fire Department, and the Emergency Operations Center for daily operational use. The City pays a square footage rental rate of $3.67 and utilizes 41,289 square feet for office space, totaling an amount of $12,627.55 monthly and $151,530.63 annually. The City is responsible for all repairs and maintenance to the building, and for the pro rata portion of taxes and insurance paid by Frost Bank. Attachment 1 provides an aerial view of the Bank building that identifies the areas of the building used by the City. The second attachment depicts the lots to be acquired (see shaded areas). The building is currently appraised by Nueces County Appraisal District at $1,163,415.00 and the land to be acquired is appraised at $116,346.00 with the total property appraisement value of $1,279,761.00. In addition to City operations, Frost Bank conducts daily operations from a portion of the building located on the first floor. If the City exercises the Option to Purchase Agreement, Frost Bank will have the option to lease up to 11,301 square feet from the City at the square footage rental rate of $3.67 for a five-year term, with up to two additional five-year term extensions at market rental rate value to be negotiated at the time of the renewals. Frost Bank representatives have indicated they plan to continue operations at the building within the same footprint currently used for operations. The Agreement requires the City provide a copy of the ordinance authorizing the City’s acquisition of the property pursuant to the Option to Purchase Agreement and evidencing the authority of the persons signing any documents to be executed at the closing. The City must exercise its option to purchase the building and land by providing notice to Frost Bank within the exercise period of June 1, 2021 through July 31, 2021 plus providing payment of the $1,000.00 option fee. Additionally, if the City sends notice on the earliest date of June 1, 2021 to exercise the Option to Purchase Agreement, then the transaction will close on July 2, 2021 at which time the City will take ownership. ALTERNATIVES: The alternative would be for the City not to proceed with the Option to Purchase Agreement for the Frost Bank Building and land located at or near 2402 Leopard Street. By doing so, the City will have to negotiate a new lease agreement with The Frost National Bank or relocate the City Departments that are at the Frost Bank Building to another location. FISCAL IMPACT: The fiscal impact for FY2021 is an amount of $1,000.00 for the Option to Exercise Fee of the purchase of the Frost Bank building and the lots located at or near 2402 Leopard St. with funding available from the Development Services Fund and Fire Administration General Fund. Funding Detail: Fund: Development Services (Fund 4670) Mission Elem: (281) Organization: Inspection Operations (12201) Project No.: N/A Account: Professional Services (530000) Activity: N/A Amount $500 Fund: General Fund (Fund 1020) Mission Elem: (093) Organization: Fire Administration (12000) Project No.: N/A Account: Professional Services (530000) Activity: N/A Amount $500 RECOMMENDATION: Staff recommends that the City exercise its Option to Purchase the Frost Bank Building and land located at or near 2402 Leopard Street for a purchase amount of $0.00 with the Option to Exercise payment fee in an amount of $1,000.00 during the exercise period of June 1, 2021 through July 31, 2021. LIST OF SUPPORTING DOCUMENTS: Ordinance Option to Purchase Agreement (Authorized on May 30, 2000) Lease Agreement (Approved on May 30, 2000) First Amendment to Lease Agreement Letter to Frost Bank Maps Attachment 1: Aerial View of the Frost Bank Building with Identified Areas used by the City Attachment 2: Additional Lots to be Acquired (see shaded areas) Ordinance authorizing the City of Corpus Christi to exercise an Option to Purchase the Frost Bank building and adjacent lots located at 2402 Leopard Street from Frost National Bank based on a 20 year lease purchase agreement entered into on May 30, 2000 in an amount of $0.00 and authorizing the execution of the Option to Exercise Fee payment in an amount of $1,000.00 with FY 2021 funding available from the Development Services Fund and Fire Administration General Fund. Whereas, on May 30, 2000, the City Council authorized the City Manager or his designee to execute a Lease Agreement and an Option to Purchase contract (the “Option Contract”) with Frost National Bank regarding the Frost Bank Building located at 2402 Leopard Street and the land on which the building is situated and Lots 1a, 2, 3, 4 and 5, Block 1, Nelson Addition No. 2 Whereas, the Option Contract granted the City the exclusive right and option to purchase the following described property as defined in Section 1.1 of the Option Contract, herein collectively called the “Property”: “(a) The tracts of land (the “Land”) located in Nueces County, Texas, that is described on Exhibit A attached hereto and incorporated herein for all purposes; (b) All right, title and interest of The Frost National Bank, (“Optionor”) if any, in, to and under all easements benefitting the Land or the Improvements (as hereinafter defined); and (c) All right, title and interest of Optionor, if any, in and to all rights and appurtenances pertaining to the Land including any right, title and interest of Optionor in and to adjacent streets, alleys or rights-of-way; and (d) All improvements consisting of buildings (the “Improvements”) in and on the Land; and (e) All of Optionor’s right, title and interest, if any, in and to all leases which are listed in Exhibit B (None listed); (f) All of Optionor’s right, title and interest, if any, in all appliances, fixtures, equipment, machinery, carpet, drapes and other personal property, if any, located on or about the Land and the Improvements or used exclusively in the operation ad maintenance thereof, but specifically excluding Optionor’s furniture and trade fixtures (excluding without limitation, Optionor’s banking equipment, computer systems, file systems and telephone switch) (the “Tangible Personal Property”); and (g) All of Optionor’s right, title and interest, if any, in all intangible property (the “Intangible Property”), if any, pertaining to the Land, the Improvements, or the Tangible Personal Property or the use thereof, including without limitation, transferable utility contracts, transferable telephone exchange numbers, plans and specifications, engineering plans and studies, floor plans and landscape plans.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee is authorized to execute all documents necessary to exercise the option to purchase the Property as defined herein which is located at or near 2402 Leopard Street in accordance with the Option Contract in an amount of $0.00 plus payment of the Option Exercise Fee of $1,000.00. SECTOIN 2. The City Manager or his designee is a uthorized to execute all documents necessary to complete the closing for the purchase of the Property as defined herein in accordance with the Option Contract. The foregoing ordinance was read for the first time and passed to its second reading on this the ___________ day of _________________, 2020, by the following vote: Joe McComb ________________ Michael Hunter ______________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ The foregoing ordinance was read for the second time and passed finally on this the _____________day of_____________, 2020, by the following vote: Joe McComb ________________ Michael Hunter ______________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED ____________ day of ________________, 2020. ATTEST: _______________________ ______________________________ Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A LEGAL DESCRIPTION FOR THE LAND AS DEFINED IN THE OPTION CONTRACT TRACT I: LOTS ONE (l ), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14) AND FIFTEEN (15), BLOCK ONE (1), THE HIGHLANDS ADDITION, situated in the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume 3, Page 58, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes; SAVE AND EXCEPT, HOWEVER, the South Ten Feet (S.10') of Lots 1 & 2, Block 1, The - Highlands Addition, conveyed to the City of Corpus Christi by Deed date d February 14, 1927, for the widening of Leopard Street, recorded under Clerk's File No. 45768, Volume 179, Page 59, Deed Records of Nueces County, Texas; and further SAVE AND EXCEPT, HOWEVER, the South Ten Feet (S.10') of Lots 3, 4 & 5, Block 1 , The Highlands Addition, conveyed to the City of Corpus Christi by Deed dated December 10, 1926, for the widening of Leopard Street, recorded under Clerk's File No. 45762, Volume 179, Page 55, Deed Records of Nueces County, Texas; and further SAVE AND EXCEPT, HOWEVER. the South Ten Feet (S.10') of Lots 6 & 7, Block 1, The Highlands Addition, conveyed to the City of Corpus Christi by Deed dated December 9, 1926, for the widening of Leopard Street, recorded under Clerk's File No. 45763, Volume 179, Page 56, Deed Records of Nueces County, Texas. TRACT II: LOT ONE-A ( 1-A), BLOCK ONE ( I ), NELSON ADDITION NO. 2, an Addition situated in the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume 26, Page 57, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. TRACT III: LOTS TWO (2), THREE (3), FOUR (4) AND FIVE (5), BLOCK ONE (1), NELSON ADDITION NO. .2, situated in the City of Corpus Christi, Texas, as shown by the m ap or plat thereof, recorded in Volume 1 , Page 18, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. SAVE AND EXCEPT, HOWEVER, the South Ten Feet (S.10') previously conveyed to the City of Corpus Christi, Texas, as referenced in Deed dated January 21, 1984, from Ruth Slaka Sheinberg to Citizens State Bank of Corpus Christi, recorded under Clerk's File No. 255917, Volume 1809, Page 647, Deed Records of Nueces County, Texas. SAVE AND EXCEPT, HOWEVER, the Sou th Ten Feet (S.1O') conveyed to the City of Corpus Christi, Texas, by Deed dated December 10, 1926, from T. M. Lawrence, recorded under Clerk's File No. 45663, Volume 179, Page 55, Deed Records of Nueces County, Texas, affecting Lots 4 & 5, Block 1, Nelson Addition No. 2. Project Location Map Aerial View of the Frost Bank Building with Identified Areas used by the City Additional Lots to be Acquired (see shaded areas) AGENDA MEMORANDUM First Reading for City Council Meeting of October 27, 2020 Second Reading for the City Council Meeting of November 10, 2020 DATE: 10/16/2020 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Director of Grant Monitoring RudyB@cctexas.com 361-826-3021 CAPTION: Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155.00 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions Grant (ESG-CV) funding in FY2019-2020; authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. SUMMARY: This item is amending the FY2019-2020 Annual Action Plan as required by HUD. This amendment is allowing the accepting and appropriating of the final allocation related to CARES Act funding from HUD. This amendment will also identify projects which will allow the City to continue preventing, preparing for, and responding to COVID- 19. BACKGROUND AND FINDINGS: In accordance with HUD and the City of Corpus Christi’s (City) 5-year Consolidated Annual Action Plan (CAAP), “Substantial Amendments” are required to amend the CAAP which in turn triggers a comment period (24 CFR 91.105). A “Substantial Change” is defined as: Any addition of the established priorities of activities as described in the Consolidated Action Plan and/or Annual Action Plan. This is an amendment to the FY2019-2020 Consolidated Annual Action Plan which was adopted by City Council by ordinance on July 23, 2019. The amendment will include the City of Corpus Christi’s Housing and Community Development Department to receive and administer $2,275,155 in Community Development Block Grant (CDBG) and $1,864,176 in Emergency Solutions Grant (ESG) funding from the U.S. Department of Housing and Urban Development (HUD) made available through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). HUD has allowed for a 5-day public comment period. The comment period will begin on Monday, October 19 and end on Friday, October 23. Substantial Amendment to the FY2019-2020 Consolidated Annual Action Plan On March 27, 2020, President Donald Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act). The U.S. Department of Housing and Urban Development (HUD) has allocated funding to the City of Corpus Christi’s Community Development Block Grant and the Emergency Solutions Grant Program. City staff is recommending $3.6 million ($1.9 million in CDBG and $1.7 million in ESG funds) to be allocated for the construction and operation of a low-barrier homeless drop-in shelter. The City will partner with a service provider to own and operate the drop-in shelter. Traditional shelters typically require identification and sobriety to enter and a low-barrier shelter does not require either. The proposed shelter would be an open outdoor space with shade and bathroom facilities. The shelter will promote good hygiene and be available to those who do not qualify for traditional shelters. In addition, $72,000 for a Food Bank inventory system and equipment; $200,000 for Rising Tide Ministries which will assist with homeless activities in Flour Bluff. Activities include assisting clients in job search, job coaching, resume building, and additional activities which will assist homeless individuals in entering the workforce. The funding has been determined to be needs and gaps in the community during the COVID-19 pandemic. Administrative costs have also been identified from each grant for City staff support, the performance of a research study on the effect of COVID-19 in the homeless community, and staff support for the non-profits assisting with program administration. ALTERNATIVES: Accepting and allocating these funds will allow the City to address community issues as they relate to COVID-19 programs and activities for individuals and families in need. Not accepting these funds will result in a lack of gap services, programs, and needs for the community in relation to COVID-19. FISCAL IMPACT: The City will receive and allocate an additional $4,139,331 in federal grant funds and allow for the response to COVID-19. Funding Detail: Fund: 1059 Organization/Activity: N/A Mission Element: 132 Project # (CIP Only): Account: 530000 RECOMMENDATION: Staff recommends the approval of the project recommendations for CDBG and ESG. LIST OF SUPPORTING DOCUMENTS: Ordinance CDBG Projects Attachment ESG Projects Attachment @BCL@2C0E629D.docx Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY2019-2020; accepting and appropriating $2,275,155.00 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions Grant (ESG-CV) in FY2019-2020; authorizing the execution of all documents necessary to accept, appropriate and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) signed into law by President Trump on March 27, 2020 (“CARES” Act) the United States Department of Housing and Urban Development (“HUD”) has allocated additional Community Development Block Grant funds (“CDBG”) funds to the City to respond to the Coronavirus epidemic in the amount of $2,275,155.00; and WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) signed into law by President Trump on March 27, 2020 (“CARES” Act) the United States Department of Housing and Urban Development (“HUD”) has allocated additional Emergency Solutions Grant Funds (“ESG”) to the City to respond to the Coronavirus pandemic, specifically to support additional homeless assistance programs in the City; and WHEREAS, HUD has allocated $1,864,176.00 in additional ESG Funds to the City of Corpus Christi to address homeless assistance and prevention programs arising from the Coronavirus pandemic; and WHEREAS, HUD has amended many of the public notice, public hearing and public comment periods required with typical HUD-CDBG and HUD-ESG funding programs and the City’s Housing and Community Development Department will be following HUD’s guidance and updates as these changes are disseminated during the Coronavirus Pandemic and months following the reopening of the economy; and WHEREAS, the details of the City’s Consolidated Annual Action Plan (“CAAP”) for FY 2019-2020 with HUD will be amended at the appropriate time as more information is received from HUD. WHEREAS, the City Council has determined that this Ordinance accepting and appropriating additional funding from HUD for ESG and CDBG during the current 2019 - 2020 Fiscal Year would best serve the public health, safety, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. @BCL@2C0E629D.docx NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $2,275,155.00 in additional HUD CDBG-CV funding for FY 2019-2020 is hereby accepted to support CDBG purposes and programs in the City and the funds are hereby appropriated in Fund No. 1059. Section 2. That $1,864,176.00 in additional HUD ESG-CV funding for FY 2019-2020 is hereby accepted to support homeless assistance and prevention programs in the City and the funds are hereby appropriated in Fund No. 1059. Section 3. That the City Manager or the City Manager’s designee is authorized: to execute all documents necessary to accept and appropriate the additional CDBG-CV and ESG-CV funding from HUD upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2019-2020 CAAP, and to execute funding agreements, amendments and all other documents necessary to implement the additional Coronavirus Funding for CDBG- CV and ESG-CV for FY2019-2020 CAAP with organizations for approved projects. Section 4. That this ordinance is passed and takes effect upon its second reading. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ , 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor $2,275,155 #PROJECT & DESCRIPTION STAFF RECOMMENDED 1 CDBG COVID-19 Program Administration (Multi-Departmental) Funding will be used for staff reimbursement for time used in administering and processing reimbursement requests for COVID-funded projects. This will also include the compliance monitoring and technical assistance aspects of administering the grant as well as offsetting the funding received with the entitlement grant. Funding will also be used to consult and receive research and plans on the data and effects COVID-19 has had in the comunity as well as funding organizations. Lastly, funding will be used to support the staffing costs of funding agencies to support operations and increased staff who work directly with the COVID-19 funding received. $100,000 2 Safe Harbor Drop-in Shelter Construction Construction expenses ineligible for ESG may include but are not limited to grading, solid surface, shade and rain protection, bathrooms including showers, security office, space for mobile health clinic and community space for service outreach. Addresses need to reduce high risk increase in street homelessness due to COVID-19 impacting shelter capacity due to social distancing requirements. $1,903,155 3 Coastal Bend Food Bank - Inventory system/equipment In order to assist more citizens during COVID-19, the Coastal Bend Food Bank is requesting funding to update their 20 year old inventory system and equipment to the current age of barcode scanning for inventory. The barcode capabilities allows for easier management of the food bank's warehouse by effectively tracking inventory and streamlining the receiving of the product. This system will allow for for accurate and reliable inventory records and help speed up assistance to those in the community who have been directly impacted by COVID-19 in relation to food and groceries. $72,000 4 Rising Tide Ministries Funding requested would assist in creating a program which would assist COVID-19 affected homeless individuals or those at risk of homelessness to job search, assist with resume building, job coaching, and furnish clothing for a job interview. These funds would also allow for the purchase of computer equipment for this training in order to increase the quality of life. $200,000 Total City Projects $2,275,155 Overall Total $2,275,155 CITY OF CORPUS CHRISTI CARES ACT RELATED TO COVID-19 CDBG PROGRAM CDBG COVID-19 Allocation No. 2 $1,864,176 #PROJECT & DESCRIPTION STAFF RECOMMENDATION 1 ESG COVID-19 Administrative Costs (Multi-Departmental) Corpus Christi staff will be responsible for the management and administration of the Emergency Solutions Grant (ESG) COVID-19. These functions include the financial oversight, compliance, and technical assistance components of the program. Funds can be used to support the City's functions or to provide for research to evaluate homelessness needs as related to COVID planning and response and evaluate gaps in services to avoid the lack of shelter space when social distancing is required as to avoid the high risk increase of street homelessness. Funds are also eligible for award to service providers for the administration of ESG-CV 2 projects. $86,417 2 Safe Harbor Drop-in Shelter Construction expenses to prevent, prepare for and respond to coronavirus. May include but are not limited to grading, solid surface, shade and rain protection, bathrooms including showers, security office, space for mobile health clinic and community space for service outreach. Addresses need to reduce high risk increase in street homelessness due to COVID-19 impacting shelter capacity due to social distancing requirements. Estimated $1,377,759 for construction (to be supplemented by CDBG CV2) and $400,000 for operations through the time of performance at September 30, 2022. $1,777,759 Overall Total $1,864,176 COVID-19 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM ESG-CV Allocation No. 2 1 DATE: October 9, 2020 TO: Peter Zanoni, City Manager THRU: Eyvon McHaney, Human Resources Director Eyvonmc@cctexas.com (361) 826-3315 FROM: Jennifer Buxton, Homeless Services and Workforce Housing Manager Jenniferb9@cctexas.com (361) 826-3976 CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation regarding an Investment Services Agreement. SUMMARY: The purpose is to hold a Special Board Meeting of the Corpus Christi Housing Finance Corporation to approve a resolution amending and reaffirming the Corpus Christi Housing Finance Corporation’s Investment Policy and Investment Strategy for the Fiscal Year 2020-2021 and authorize participation in TexPool Investment pools. BACKGROUND AND FINDINGS: The Corpus Christi Housing Finance Corporation (CCHFC), is a non-profit corporation organized in 1980 under the Texas Housing Finance Corporation Act. The purpose of this corporation was and is to assist in the financing and development of single-family and multi-family housing within Corpus Christi. The Board of Directors is comprised of the nine members of the Corpus Christi City Council, with one of the council members elected as President and another as Vice President. The remaining officer positions are held by the City Manager, who serves as the General Manager of the CCHFC, and other appropriate members on City Staff. Board Agenda Item #5: Resolution amending and adopting the Investment Policy and Investment Strategy for the Fiscal Year 2020-2021 for the CCHFC. Board Agenda Item #6: Resolution Authorizing Participation in the TexPool Investment Pools and Designating Authorized Representatives to reflect recent changes to personnel. Special Board Meeting of the Corpus Christi Housing Finance Corporation AGENDA MEMORANDUM Action Item for the City Council Meeting of October 27, 2020 ALTERNATIVES: An alternative for not adopting the amended Investment Policy and Investment Strategy is to recommend an alternative Investment Policy and Investment Strategy. An alternative to participating in the TexPool Local Government Investment Pool is to seek out an alternate type of investment allowed by the PFIA and the Corporation’s policy. FISCAL IMPACT: There is no fiscal impact for entering into this agreement. FUNDING DETAIL: Fund: N/A Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends the following: Adopt a resolution amending and affirming the Investment Policy and Investment Strategy Adopt Resolution Authorizing Participation in the TexPool Investment Pools and Designating Authorized Representatives LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Unapproved August 25, 2020, Board Meeting Minutes Resolution adopting Investment Policy and Investment Strategy CCHFC Investment Policy and Investment Strategy CCHFC Investment Policy and Investment Strategy Redlined Resolution authorizing investment in TexPool investment pools AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Date: Tuesday, October 27, 2020 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. Vice President Michael Hunter calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Vacant, President Michael T. Hunter, Vice President Roland Barrera Paulette Guajardo Gil Hernandez Joe A. McComb Ben Molina Everett Roy Greg Smith Officers Peter Zanoni, General Manager Samuel “Keith” Selman, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Alma I. Casas, Treasurer Judy Villalon, Asst. Treasurer 3 PUBLIC COMMENT – AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will broadcast at cc.texas.com/service/councilmeeting-agendas- minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the city Council should be provided in writing format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into record for each meeting. This testimony shall serve as the required public testimony pursuant to the Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. 4. Approve minutes of August 25, 2020, board meeting. 5. Resolution amending and adopting the Investment Policy and Investment Strategy for the Corpus Christi Housing Finance Corporation. 6. Resolution for participation in TexPool investment pools and designating authorized representatives. 7. Adjournment MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL BOARD MEETING AUGUST 25, 2020 2:03 p.m. PRESENT Board of Directors Officers Rudy Garza, President Peter Zanoni, General Manager Michael T. Hunter, Vice-President Samuel “Keith” Selman, Asst. Gen, Mgr. Roland Barrera Rebecca Huerta, Secretary Paulette Guajardo Paul Pierce, Asst. Secretary Gil Hernandez Alma Casas, Treasurer Joe McComb Judy Villalon, Asst. Treasurer Ben Molina Everett Roy Greg Smith President Garza called the meeting to order in the Council Chambers of City Hall at 2:03 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting. President Garza referred to Item 3 and called for public comment. There were no comments from the public. President Garza referred to Item 4 and called for approval of the minutes of the July 14, 2020 meeting. Board Member McComb made a motion to approve the minutes as presented, seconded by Board Member Roy and passed unanimously. President Garza referred to Item 5. Assistant Director of Finance Alma Casas presented the Treasurer’s Report ending June 30, 2020. There were no questions from the Board. President Garza referred to Item 6 as follows: Motion authorizing an agreement between the Corpus Christi Housing Finance Corporation and the City of Corpus Christi for management of the investment of Corporation funds. Director of Finance Heather Hurlbert presented the following information: The City does the investments for the corporation, so this item is brought back every year to approve the agreement between the City and the corporation. There were no questions from the Board. Board Member Roy made a motion to approve Item 6, seconded by Board Member Hunter and passed unanimously. There being no further business to come before the Corpus Christi Housing Finance Corporation, President Garza adjourned the meeting at 2:07 p.m. Resolution adopting the Investment Policy and Investment Strategy for the Corpus Christi Housing Finance Corporation Whereas, the Texas Public Funds Investment Act requires the governing body of the Corpus Christi Housing Finance Corporation (the “Corporation”) to adopt an investment policy and investment strategy by resolution. Therefore, be it resolved by the Board of Directors of the Corpus Christi Housing Finance Corporation: Section 1. The Board has reviewed the Investment Policy and Investmen t Strategy, which is attached to this resolution as Exhibit A and is incorporated by reference into this resolution as if set out here in its entirety. Section 2. The Board Finds that the Investment Policy and Investment Strategy is in the best interest of the Corporation and adopts said Investment Policy and Investment Strategy as the Investment Policy and Investment Strategy of the Corporation. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo ______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION ________________________ _________________________ Rebecca Huerta President City Secretary Corpus Christi Housing Finance Corporation Investment Policy and Investment Strategy Adopted Date October 27, 2020 1 TABLE OF CONTENTS I. POLICY STATEMENT ................................................................................. 2 II. SCOPE ...................................................................................................... 2 III. PRUDENCE ............................................................................................. 2 IV. OBJECTIVES ............................................................................................ 3 V. LEGAL LIMITATIONS AND AUTHORITIES .................................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY ............................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS .......... 5 VIII. AUTHORIZED INVESTMENTS ................................................................ 5 IX. COLLATERALIZATION .............................................................................. 7 X. SAFEKEEPING .......................................................................................... 7 XI. INTERNAL CONTROLS ............................................................................. 8 XII. REPORTING ........................................................................................... 9 XIII. DEPOSITORIES ...................................................................................... 9 XIV. AUDITS AND COMPLIANCE WITH LAWS ............................................. 10 XV. INVESTMENT POLICY ADOPTION ........................................................ 10 XVI. INVESTMENT STRATEGY..................................................................... 11 APPENDIX A. RESOLUTION……………………………………………………………………………………..12 2 CORPUS CHRISTI HOUSING FINANCE CORPORATION INVESTMENT POLICY AND INVESTMENT STRATEGY Adopted, October 27, 2020 This Investment Policy (“Policy”) sets forth the specific policies and guidelines and general strategy for the investment of funds of the Corpus Christi Housing Finance Corporation ("Corporation") in order to achieve the Corporation'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 investment strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the Corporation 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 Corporation 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 Corporation. II. SCOPE This Investment Policy applies to all the financial assets of the Corporation. All funds of the Corporation are pooled for investment purposes and efficiency into the Corporation’s Investment Portfolio (“Portfolio”). All investments must be accounted for in the City of Corpus Christi’s (“City”) Comprehensive Annual Financial Report ("CAFR”). 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, 3 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 Corporation’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 Corporation 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 Corporation 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 Corporation. 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. Corporation Board The Corporation Board (“Board”) has fiduciary responsibility for all funds. The Board is responsible for reviewing and adopting the Investment Policy and Investment Strategy on no less than an annual basis. The Board has resolved to designate the Investment Committee and authorized Investment Officers of the City (as named in the City’s 4 Investment Policy and Investment Strategies) as the Corporation's Investment Committee and authorized Investment Officers, respectively. The Executive Director of the Corporation Board will coordinate with the Investment Officers on all strategy decisions and provide cash flow requirements. This will provide efficiency and cost effectiveness but retain control of investment strategy and final decision-making by the Corporation. The Board shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. 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 include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the Portfolio. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the Board. The Investment Committee will review quarterly investment reports before submission to the Board. C. Investment Officer The Investment Officers will be responsible for the daily operations 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 and will direct the settlement and safekeeping of securities in accordance with any controlling Indenture of Trust, if applicable. Should funds be removed from a Trust or there is no Trust, the Investment Officers will settle investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board representatives. The Investment Officers will follow training guidelines as set forth in the City’s Investment Policy and Investment Strategies. D. Investment Advisor The Corporation may use the City’s Investment Advisor, if applicable. 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 it s 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 Ethics and Conflicts of Interest section in the City’s Investment Policy and Investment Strategies. 5 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers the City’s Investment Committee has approved, and all requirements for these institutions of the City are to be met for Corporation funds. No investment transactions may be entered into with a brokerage subsidiary of the City or the Corporation’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 Corporation as required by the Act. Investments shall only be made with those financial institutions or broker/dealers (including money market mutual funds and local government investment pools) which have provided the Corporation with a written certification executed by a qualified representative of the firm acknowledging that the business organization 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 Corporation’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 Corporation until this Policy has been amended and the amended version adopted by the Board. The Corporation is not required to liquidate investments that were authorized investments at 6 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 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 Board (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 Corporation’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. A1/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 Corporation 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 Corporation depository; 7 4. Fully insured certificate of deposit placed in accordance with the Act [2256.010 (b)]; 5. Repurchase agreements; and 6. Guaranteed investment contracts. At least three bids or offers must be solicited for all other transactions involving individual securities. 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. Bids for certificates of deposit may be solicited in any manner permitted by the Act. C. Delivery versus Payment Requirement All security transactions, including collateral for repurchase agreements, shall be conducted on a DVP basis. D. The Portfolio, as a pooled fund group, shall have a maximum dollar-weighted average maturity of one year (365 days) IX. COLLATERALIZATION As a local government corporation, the Corporation is not authorized to have collateral pledged to it for time and demand bank deposits in accordance with FDIC regulations. Time and demand deposits in any bank holding company must be limited by the FDIC insurance level (currently $250,000), inclusive of accrued interest. A. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the Corporation. (2256.011) It will be held by an independent third-party safekeeping institution approved by the Corporation 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 are required and the counter-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 US Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any US state or US state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The Corporation shall maintain safekeeping under the Indenture of Trust, if applicable. Should funds be removed from a Trust, or if there is no Trust, the Investment Officers will settle 8 investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board. 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 Corporation’s depository 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 com pliance 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 Corporation. The Executive Director 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 Corporation 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 Investment 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 Corporation 9 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 Corporation, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the Corporation 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 the Board 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 Corporation; C. Be signed by each Investment Officer of the Corporation; 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 the Corporation for which each individual investment was acquired; and H. State the compliance of the Portfolio of the Corporation 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 annually by the independent auditor of the City, and the result of the review shall be reported to the City Council by that auditor. The City Council will then distribute the results to the Board. 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 Corporation will use the City’s depository bank or, if applicable, the depository listed in the Indenture of Trust. 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. 10 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 Board shall review and adopt by resolution its Investment Policy and Investment Strategy not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategy. <This space is intentionally left blank.> 11 XVI. INVESTMENT STRATEGY All funds of the Corporation are commingled for investment purposes and efficiency into one portfolio. The Corporation’s Investment Portfolio (“Portfolio”) will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs. 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 Director of the Board will be incorporated in Investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The Portfolio is maintained to meet anticipated daily cash needs for Corporation operations. The objectives of the Portfolio are to: A. 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; B. Ensure that anticipated cash flows are matched with adequate investment liquidity; C. Limit market and credit risk through diversification; and D. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The Portfolio shall have a maximum dollar-weighted average maturity (WAM) of one year (365 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 Portfolio shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in the Corporation’s 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 Portfolio shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the Corporation’s cash flow requirements. Because this Portfolio 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 one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should track the risk benchmark but will naturally lag as market interest rates, which adjust daily, move. Corpus Christi Housing Finance Corporation Investment Policy and Investment Strategy Adopted Date October 27, 2020 1 TABLE OF CONTENTS I. POLICY STATEMENT ................................................................................. 2 II. SCOPE ...................................................................................................... 2 III. PRUDENCE ............................................................................................. 2 IV. OBJECTIVES ............................................................................................ 3 V. LEGAL LIMITATIONS AND AUTHORITIES .................................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY ............................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS .......... 5 VIII. AUTHORIZED INVESTMENTS .............................................................. 55 IX. COLLATERALIZATION .............................................................................. 7 X. SAFEKEEPING ........................................................................................ 77 XI. INTERNAL CONTROLS ............................................................................. 8 XII. REPORTING ........................................................................................... 9 XIII. DEPOSITORIES .................................................................................... 99 XIV. AUDITS AND COMPLIANCE WITH LAWS ............................................. 10 XV. INVESTMENT POLICY ADOPTION ........................................................ 10 XVI. INVESTMENT STRATEGY..................................................................... 11 APPENDIX A. RESOLUTION……………………………………………………………………………………..12 2 CORPUS CHRISTI HOUSING FINANCE CORPORATION INVESTMENT POLICY AND INVESTMENT STRATEGY Adopted, October 27, 2020 This Investment Policy (“Policy”) sets forth the specific policies and guidelines and general strategy for the investment of funds of the Corpus Christi Housing Finance Corporation ("Corporation") in order to achieve the Corporation'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 investment strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the Corporation 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 Corporation 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 Corporation. II. SCOPE This Investment Policy applies to all the financial assets of the Corporation. All funds of the Corporation are pooled for investment purposes and efficiency into the Corporation’s Investment Portfolio (“Portfolio”). All investments must be accounted for in the City of Corpus Christi’s (“City”) Comprehensive Annual Financial Report ("CAFR”). 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, 3 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 Corporation’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 Corporation 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 Corporation 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 Corporation. 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. Corporation Board The Corporation Board (“Board”) has fiduciary responsibility for all funds. The Board is responsible for reviewing and adopting the Investment Policy and Investment Strategy on no less than an annual basis. The Board has resolved to designate the Investment Committee and authorized Investment Officers of the City (as named in the City’s 4 Investment Policy and Investment Strategies) as the Corporation's Investment Committee and authorized Investment Officers, respectively. The Executive Director of the Corporation Board will coordinate with the Investment Officers on all strategy decisions and provide cash flow requirements. This will provide efficiency and cost effectiveness but retain control of investment strategy and final decision-making by the Corporation. The Board shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. 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 include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the Portfolio. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the Board. The Investment Committee will review quarterly investment reports before submission to the Board. C. Investment Officer The Investment Officers will be responsible for the daily operations 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 and will direct the settlement and safekeeping of securities in accordance with any controlling Indenture of Trust, if applicable. Should funds be removed from a Trust or there is no Trust, the Investment Officers will settle investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board representatives. The Investment Officers will follow training guidelines as set forth in the City’s Investment Policy and Investment Strategies. D. Investment Advisor The Corporation may use the City’s Investment Advisor, if applicable. 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 Ethics and Conflicts of Interest section in the City’s Investment Policy and Investment Strategies. 5 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers the City’s Investment Committee has approved, and all requirements for these institutions of the City are to be met for Corporation funds. No investment transactions may be entered into with a brokerage subsidiary of the City or the Corporation’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 Corporation as required by the Act. Investments shall only be made with those financial institutions or broker/dealers (including money market mutual funds and local government investment pools) which have provided the Corporation with a written certification executed by a qualified representative of the firm acknowledging that the business organization 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 Corporation’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 Corporation until this Policy has been amended and the amended version adopted by the Board. The Corporation is not required to liquidate investments that were authorized investments at 6 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 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 Board (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 Corporation’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. A1/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 Corporation 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 Corporation depository; 7 4. Fully insured certificate of deposit placed in accordance with the Act [2256.010 (b)]; 5. Repurchase agreements; and 6. Guaranteed investment contracts. At least three bids or offers must be solicited for all other transactions involving individual securities. 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. Bids for certificates of deposit may be solicited in any manner permitted by the Act. C. Delivery versus Payment Requirement All security transactions, including collateral for repurchase agreements, shall be conducted on a DVP basis. D. The Portfolio, as a pooled fund group, shall have a maximum dollar-weighted average maturity of one year (365 days) IX. COLLATERALIZATION As a local government corporation, the Corporation is not authorized to have collateral pledged to it for time and demand bank deposits in accordance with FDIC regulations. Time and demand deposits in any bank holding company must be limited by the FDIC insurance level (currently $250,000), inclusive of accrued interest. A. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the Corporation. (2256.011) It will be held by an independent third-party safekeeping institution approved by the Corporation 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 are required and the counter-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 US Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any US state or US state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The Corporation shall maintain safekeeping under the Indenture of Trust, if applicable. Should funds be removed from a Trust, or if there is no Trust, the Investment Officers will settle 8 investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board. 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 Corporation’s depository 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 Corporation. The Executive Director 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 Corporation 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 Investment 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 Corporation 9 based upon information from the FDIC. If any bank has been acquired or merged wit h another bank in which brokered certificates of deposit are owned by the Corporation, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the Corporation 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 the Board 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 Corporation; C. Be signed by each Investment Officer of the Corporation; 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 the Corporation for which each individual investment was acquired; and H. State the compliance of the Portfolio of the Corporation 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 annually by the independent auditor of the City, and the result of the review shall be reported to the City Council by that auditor. The City Council will then distribute the results to the Board. 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 Corporation will use the City’s depository bank or, if applicable, the depository listed in the Indenture of Trust. 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. 10 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 Board shall review and adopt by resolution its Investment Policy and Investment Strategy not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategy. <This space is intentionally left blank.> 11 XVI. INVESTMENT STRATEGY All funds of the Corporation are commingled for investment purposes and efficiency into one portfolio. The Corporation’s Investment Portfolio (“Portfolio”) will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs. 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 Director of the Board will be incorporated in Investment decisio ns. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The Portfolio is maintained to meet anticipated daily cash needs for Corporation operations. The objectives of the Portfolio are to: A. 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; B. Ensure that anticipated cash flows are matched with adequate investment liquidity; C. Limit market and credit risk through diversification; and D. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The Portfolio shall have a maximum dollar-weighted average maturity (WAM) of one year (365 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 reas onable extension. A minimum of 15% of the Portfolio shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in the Corporation’s 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 Portfolio shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the Corporation’s cash flow requirements. Because this Portfolio 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 one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should track the risk benchmark but will naturally lag as market interest rates, which adjust daily, move. Resolution Amending Authorized Representatives Please complete this form to amend or designate Authorized Representatives. This document supersedes all prior Authorized Representative forms. * Required Fields 1. Resolution WHEREAS, Participant Name* Location Number* (“Participant”) is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool (“TexPool / Texpool Prime”), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A.That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool / TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. B.That an Authorized Representative of the Participant may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant’s TexPool / TexPool Prime account or (2) is no longer employed by the Participant; and C.That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an offi cer, employee, or agent of the Participant; List the Authorized Representative(s) of the Participant. Any new individuals will be issued personal identifi cation numbers to transact business with TexPool Participant Services. Name Title 1. Phone Fax Email Signature Name Title 2. Phone Fax Email Signature Name Title 3. Phone Fax Email Signature Form Continues on Next Page 1 of 2 1. Resolution (continued) 4. Name Title Phone Fax Email Signature List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confi rmations and monthly statements under the Participation Agreement. Name In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry rights only, complete the following information. Name Title Phone Fax Email D.That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the , . Note: Document is to be signed by your Board President, Mayor or County Judge and attested by your Board Secretary, City Secretary or County Clerk. day of Name of Participant* SIGNED ATTEST Signature* Signature* Printed Name Printed Name* * Title Title* * 2. Mailing Instructions The completed Resolution Amending Authorized Representatives can be faxed to TexPool Participant Services at 1-866-839-3291, and mailed to: TexPool Participant Services 1001 Texas Avenue, Suite 1150 Houston, TX 77002 ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX-REP 2 OF 2 1-866-TEXPOOL (839-7665) • TexPool.com Managed and Serviced by © 2020 Federated Hermes, Inc. G45340-17 (3/20) Additional Authorized Representative: 5.______________________________ Constance P. Sanchez P:361-826-3189 Chief Financial Officer F:361-882-7320 ConstanceP@cctexas.com DATE: October 1, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3276 CAPTION: City Council consideration of an appeal of Vargo Plumbing & Utilities Plumbing Contractor’s six-month suspension of City plumbing contractor’s registration upheld by the Corpus Christi Construction Trade Advisory and Ap peal Board on September 17, 2020. SUMMARY: The purpose of this appeal is to determine whether to uphold, modify, or set aside the six- month suspension of the Vargo Plumbing & Utilities, Inc. Contractor’s City registration approved by the Construction Trade Advisory and Appeal Board on September 17, 2020. BACKGROUND AND FINDINGS: As recently as 2016, the property at 4202 Up River Road consisted of two single family homes and a detached shed structure. According to the Nueces County Appraisal District (NCAD), on May 22, 2017, Mr. Federico Vargas purchased the property. City registration records indicate Mr. Federico Vargas is the Master Plumber I Owner of Record for Vargo Plumbing & Utilities, Inc. (VPU). Thereafter, a building addition was constructed to expand the existing detached shed structure, without City approved plans or permits. Aerial photographs reviewed indicate by January 1, 2020, the shed structure had been converted to a multi-family commercial structure along with construction of another multi-family structure without City approved plans or permits. After January 1,2020, an additional multi- family commercial structure was constructed on the property, without City approved plans or permits. VPU submitted a water tap application to Development Services on July 16, 2020. Appeal of Construction Trade Advisory and Appeal Board’s Suspension of Vargo Plumbing & Utilities, Inc. City Plumbing Contractors Registration AGENDA MEMORANDUM Action Item for the City Council Meeting of October 27, 2020 Department staff processing the application, determined there was no building permit associated with the tap application request. The information was relayed to Department management and a directive was issued to deny the issuance of any permits until a site investigation could be performed. Senior Inspection staff visited the property on July 30, 2020, obtained photographic documentation and issued a Stop Work Order directing the Owner to stop all work and submit construction plans for City review and approval. As currently constructed, the occupied dwelling units do not contain fire sprinkler systems and proper fire rated walls between individual units. Additional life safety features may be required depending on the buildings' occupancy classification and our review of the construction drawings, when submitted. Upon review and consideration of all relevant information, we concluded VPU installed the plumbing systems for multiple multifamily commercial structures and allowed portions of those structures to be occupied by the public without City approved plans, permits and inspections. These actions constitute gross negligence and misconduct by a City of Corpus Christi registered Contractor. On August 14, 2020, the City Contractor registration for VPU was suspended by the Building Official for a period of six (6) months. On August 28, 2020, VPU submitted an appeal to the City’s Construction Trade Advisory & Appeal Board (CTAAB). On September 17, 2020, CTAAB met and deliberated on the facts of the case and disciplinary action by the Building Official. A motion to uphold the suspension for a period of six-months unanimously passed. On September 24, 2020, VPU filed an appeal of the CTAAB decision with the City Secretary’s office. The suspension is currently stayed pending the appeal to the Corpus Christi City Council. ALTERNATIVES: Possible Motions for City Council consideration: A. Motion to deny the Appellant’s appeal {thereby Vargo Plumbing & Utilities, Inc. Contractor’s would complete suspension ending April 6, 2021}. B. Motion to modify the Board’s Decision {Plumbing Contractor Registration may be suspended up to one year and Plumbing Contractor Registration may be revoked for a term between one and three years}. C. Motion to set aside the Board’s Decision {no suspension or revocation} FINANCIAL IMPACT: This item has no financial impact to the City. RECOMMENDATION: Staff recommends denial of the appeal. The unpermitted construction that occurred and was coordinated by VPU: (1) is a violation of Texas Department of License & Regulation & City of Corpus Christi regulations; (2) creates an unacceptable safety risk to building occupants and the public; and (3) creates an unfair business advantage over a company operating in accordance with the rules. LIST OF SUPPORTING DOCUMENTS: Transcript of Construction Trade Advisory and Appeal Board Meeting (September 17, 2020) Notice of Board Hearing – Vargo Plumbing & Utilities, Inc. Mr. Federico Vargas’ Appeal Presentation – Vargo Plumbing & Utilities, Inc. Council Presentation October 27, 2020 Appeal of Suspension of City Plumbing Contractor’s Registration for Vargo Plumbing & Utilities Plumbing Contractor 1 2 •On July 16, 2020, Vargo Plumbing & Utilities submitted a water tap application to Development Services Department. Development Services determined there was no building permit associated with the address. •On July 30, 2020, Senior Inspection staff visited the property, obtained photographic documentation, and issued a Stop Work Order directing the Owner to stop all work and submit construction plans for City review, approval, and permitting. •On August 14, 2020, pursuant to the Section 14-206 of the Corpus Christi Code, the Building Official suspended Vargo Plumbing & Utilities Contractor’s Registration for a term of 6 months for acts of gross negligence, incompetency, or misconduct in the performance of plumbing work. Timeline 3 •On August 28, 2020, Vargo Plumbing & Utilities, Inc. provided a written notice to appeal the decision of the Building Official. •On September 17, 2020, after the hearing on the appeal, the Construction Trade Advisory and Appeal Board upheld the 6-month suspension of Vargo Plumbing & Utilities, Inc. Plumbing Contractor’s Registration. •On September 24, 2020, an appeal was filed at the City Secretary’s office by Vargo Plumbing & Utilities of the Board’s decision to uphold suspension. Timeline 4 •The Building Official found that Vargo Plumbing & Utilities, Inc installed plumbing systems for multiple multifamily commercial structures and allowed portions of those structures to be occupied by the public without City approved plans, permits, and inspections. This created an unacceptable safety risk to building occupants and to the general public. •The Building official suspended Vargo Plumbing & Utilities Plumbing Contractor’s Registration for a term of 6 months for acts of gross negligence, incompetency, or misconduct in the performance of plumbing work. •The Construction Trade Advisory and Appeal Board (Board) upheld 6-month suspension of Contractor’s Registration. Suspension of Plumber’s Registration 5 City Staff supports the decision of the Building Official and the Construction Trade Advisory and Appeal Board. •We conclude Vargo Plumbing & Utilities, Inc installed the plumbing systems for multiple multifamily commercial structures and allowed portions of those structures to be occupied by the public without City approved plans, permits, and inspections. This created an unacceptable safety risk to building occupants and to the general public •These actions constitute gross negligence and misconduct by registered Plumbing Contractor and warrant the suspension of Vargo Plumbing & Utilities, Inc City Plumbing Contractor registration for a period of six (6) months. City’s Response to Appellants Appeal 6 City Council may: •Deny the Appeal Vargo Plumbing and Utilities, Inc. serves 6-month suspension; such suspension ending April 6, 2021. •Modify the Board’s Decision Plumbing Contractor’s Registration may be suspended up to one year, or Plumbing Contractor’s Registration may be revoked for a term between one and three years. •Set Aside the Board’s Decision Set aside Board’s decision and no suspension or revocation. FINAL ACTION