HomeMy WebLinkAboutAgenda Packet City Council - 04/18/2023 Lw,A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street
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\ Meeting Agenda - Final-revised
City Council
Tuesday,April 18,2023 11:30 AM Council Chambers
Addendums may be added on Friday.
Public Notice: Persons with disabilities who plan to attend this meeting and who may
need auxiliary aids or services are requested to contact the City Secretary's office (at
361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete
ingles-espanol en todas las juntas del Concilio para ayudarle.
This meeting may be held via videoconference call pursuant to Texas Government Code
§ 551.127. If this meeting is held via videoconference call or other remote method of
meeting, then a member of this governmental body presiding over this meeting will be
physically present at the location of this meeting unless this meeting is held pursuant to
Texas Government Code § 551.125 due to an emergency or other public necessity
pursuant to Texas Government Code § 551.045.
A. Mayor Paulette Guajardo to call the meeting to order.
B. Invocation to be given by Deacon Richard Longoria, Saint Helena of the True
Cross of Jesus.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Victoria Gonzales, Senior at W.B. Ray High School.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
1. 23-0658 RV Park at North Beach
2. 23-0689 2023 Junior Olympic Boxing Tournament at the American Bank Center
(Friday, April 21 - Sunday, April 23)
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City Council Meeting Agenda-Final-revised April 18,2023
F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public
comment period, you must sign up before the meeting begins. Each speaker is
limited to a total of no more than 3 minutes per speaker. You will not be allowed
to speak again on an item when the Council is considering the item. Time limits
may be restricted further by the Mayor at any meeting. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Written comments may be submitted at
cctexas.com/departments/city-secretary. Electronic media that you would like to
use may only be introduced into the City system IF approved by the City's
Information Technology (IT) Department at least 24 hours prior to the Meeting.
Please contact IT at 826-3211 to coordinate. This is a public hearing for all items
on this agenda.
G. BOARD &COMMITTEE APPOINTMENTS: (NONE)
H. EXPLANATION OF COUNCIL ACTION:
I. CONSENT AGENDA: (ITEMS 3 - 7)
3. 23-0675 Approval of the April 11, 2023 Regular Meeting Minutes
sponsors: City Secretary's Office
Consent-Second Reading Ordinances
4. 23-0492 Ordinance authorizing the acceptance of two grants totaling $97,753.00
from the Texas Office of the Governor-Homeland Security Grant Division's
Homeland Security Grant Program for terrorism prevention equipment for
the Corpus Christi Police Department's Special Weapons and Tactics for
$19,355.00, and Bomb Squad for$78,398.00; and appropriating
$97,753.00 in the FY 2023 Fire Grants Fund.
sponsors: Fire Department
5. 23-0458 Ordinance authorizing the acceptance of funding in the amount of$733.36
from the State of Texas - Law Enforcement Officer Standards and
Education Account for the Corpus Christi Fire Department for training and
equipment for four arson investigators; appropriating funds in the amount of
$733.36 to the Fire Grants Fund; and amending the operating budget.
sponsors: Fire Department
6. 23-0460 Case No. 0123-02 David and Nicole Gerlach (District 4):
Ordinance rezoning property at or near 581 Yorktown Boulevard from
the "RS-6" Single-Family 6 District and "RMH" Manufactured Home
District to the "RE" Residential Estate District; providing for a penalty
not to exceed $2,000 and publication. (Planning Commission and
Staff recommend approval.)
sponsors: Development Services
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Consent-First Reading Ordinances
7. 23-0700 Ordinance amending Chapter 12'/2 of the Corpus Christi Code to add
experience requirement for Audit Committee, allow for an ex-officio
member of the audit committee, clarify access to records, modify audit
follow up timeline, and modify composition of ad hoc committee for city
auditor vacancy review.
sponsors: City Auditor
J. RECESS FOR LUNCH
K. BRIEFINGS: (ITEM 8)
8. 23-0680 Presentation by City Manager Peter Zanoni and Port of Corpus Christi
Chief Executive Officer Sean Strawbridge to report progress to date on
how the Port of Corpus Christi collaborating with the City of Corpus Christi
can assist in the City advancing Seawater Desalination.
sponsors: City Manager's Office
L. LEGISLATIVE UPDATE:
M. PUBLIC HEARINGS:
N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 9 - 11)
9. 23-0289 Motion authorizing a professional services contract with Lockwood,
Andrews & Newman, Inc. in an amount not to exceed $720,760.00 to
provide design, bid, and construction phase services for Phase 1 of a
linear park canal and drainage improvements from the North Beach Eco
Park to Surfside Park located in Council District 1, with FY 2023 funding
available from the American Rescue Plan Grant Funds.
Sponsors: Engineering Services, Public Works/Street Department and Contracts and
Procurement
10. 23-0456 Motion awarding a construction contract to JE Construction Services LLC.,
Corpus Christi, Texas, for reconstruction of Carroll Lane from Holly Road to
Dead End with new asphalt pavement and Utilities improvements in an
amount of$5,499,682.00, located in Council District 3 with FY 2023
funding available from the Street Bond 2020, Storm Water, Water and
Wastewater Funds.
Sponsors: Engineering Services, Public Works/Street Department and Contracts and
Procurement
11. 23-0678 Ordinance accepting $1,611,159.39 grant from the Office of the Governor
from the Texas Military Preparedness Commission for the Defense
Economic Adjustment Assistance Grant (DEAAG)with a cash match of
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$387,000; appropriating $1,611,159.39 from the Community
Development Grant Fund and Texas Military Preparedness Commission
Fund to provide funding for wastewater collection system line & manhole
replacement in support of Naval Air Station Corpus Christi; and amending
the FY 2023 Capital Budget.
sponsors: Intergovernmental Relations
O. EXECUTIVE SESSION: (ITEMS 12 - 13)
12. 23-0703 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 Interim City Auditor
and Texas Government Code § 551.074 (personnel matters) to
deliberate the evaluation of the former Interim City Auditor succeeded by
the current City Auditor.
13. 23-0712 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 legislation pending or
contemplated in the 88th Texas Legislature and potential changes to the
City's Legislative Agenda, including, but not limited to, legislation related to
navigation districts, The Port of Corpus Christi Authority of Nueces County,
and/or Port Corpus Christi, and potential action related to all or part of the
aforementioned subjects.
P. ADJOURNMENT
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City of Corpus Christi 1201 Leopard Street
/ Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday,April 11,2023 11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Paulette Guajardo to call the meeting to order.
Mayor Guajardo called the meeting to order at 11:35 a.m.
B. Invocation to be given by Pastor Greg Hood, Reach Ministries.
Pastor Greg Hood, Reach Ministries, gave the invocation.
C. Pledge of Allegiance to the Flag of the United States of America and to the Texas
Flag to be led by Roel Chapa, 8th Grade Student at Miller High School .
Roel Chapa, 8th Grade Student at Miller High School, led the Pledge of Allegiance to the
Flag of the United States of America and to the Texas Flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and verified that a quorum of the City
Council and the required Charter Officers were present to conduct the meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City
Secretary Rebecca Huerta
Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council
Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and
Council Member Sylvia Campos
E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
1. 23-0660 FY 22 Financial Audit Report
City Manager Peter Zanoni stated that the financial audit was presented to and accepted
by the Audit Committee this morning. External auditors, Weaver and Tidwell, gave the
City a clean opinion, with no material weaknesses, and no significant deficiencies.
Chief Financial Officer Constance Sanchez presented information on the following topics:
FY 2022 financial audit results; strong financial management; and general fund FY 2022
financial results.
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2. 23-0657 American Rescue Plan Act of 2021 Update
This Briefing was withdrawn by the City Manager.
3. 23-0659 Overview of the Safety, Training, Accountability, Registration (STAR) Program -
A Customer Service Initiative by Development Services Department
City Manager Peter Zanoni gave an overview of the Safety, Training, Accountability and
Registration (STAR) program that Development Services created to advise the
community when a contractor is recognized by the City. This program was developed in
2021 by Development Services. The STAR program will assist citizens in finding
qualified residential contractors, provide clear understanding of program and
requirements, partner with our local contractors by providing free training, and promote
professionalism in the local contractor community.
Assistant Director of Development Services Michael Dice presented information on the
following topics: STAR program; registration categories; bronze STAR; silver STAR;
gold STAR; and STAR table.
Council Members and Assistant Director of Development Services Dice discussed the
following topics: a Council Member commended staff for providing facts to the
community; training includes new codes, inspections, plan review, etc.; the new
permitting system will allow the public to receive updates through email or texts;
Development Services is promoting this program through local and social media; Council
Members can assist staff in marketing the program; this program will be available by the
end of the week; and a Council Member's request that the Director of Communications
present information to the public about this program.
F. PUBLIC COMMENT
Mayor Guajardo opened public comment.
Kimberly McIntosh, 422 Palmero St., spoke about issues with the Utility Billing Office and
the high cost of her utility bill.
Timothy Dowling, 8107 Villefranche Dr., spoke against bills being proposed in the Texas
Legislature to limit local authority.
Dorothy Pena, 2114 Meadowpass Dr., spoke in support of nominating Adam Rios to the
Parks and Recreation Advisory Board.
Jessica Palitza, 606 Hopper Dr., spoke in opposition to desalination.
Leon Santos, 1513 Barcelona Dr., spoke about his concern that FEMA is obligating him
to purchase flood insurance.
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Rachel Caballero, 522 Hancock Ave., spoke about her concern with the utility billing
system, spoke in opposition to the construction of a new Aquatic Center and splash pad
while in a drought, and requested that the community be allowed to vote for any
desalination plant.
Steve Klepper, 317 Sunset Ave., spoke about the lack of transparency of water rates.
Dustin Cronan, 5026 Yorktown Blvd., spoke about the progress on autism awareness.
Armon Alex, 1610 La Joya St., spoke in favor of environmental sustainability staffing to
improve quality of life.
John Weber, 609 Naples St., spoke in opposition to desalination.
Matthew Rankin, 1014 Luxor Dr., stated that the City is in violation of Texas State law by
banning weapons at City Hall.
Sierra Barnard, 16110 Bromsedge St., asked to be nominated to the Parks and
Recreation Advisory Board and spoke about adding safety egresses to Padre Island
canals for pets.
Susan Williams, 3529 CR 36, Robstown, TX, spoke regarding her concern with delayed
Corpus Christi Police Department services for certain Robstown residents.
The following citizen submitted a written public comment which is attached to the minutes:
Julie Rogers, 710 Furman Ave.
G. BOARD &COMMITTEE APPOINTMENTS:
4. 23-0618 Airport Board (4 vacancies)
Coastal Bend Council of Governments (11 Vacancies)
Island Strategic Action Committee (2 vacancies)
Landmark Commission (1 vacancy)
Parks & Recreation Advisory Committee (1 vacancy)
Reinvestment Zone No. 2 (Island) Board (2 vacancies)
Senior Corps Advisory Committee (3 vacancies)
Mayor Guajardo referred to Item 4.
Airport Board:
Reappointed: Randall M. Hicks
Appointed: Jon Reily (Advisory, Non-Voting Member, one-year term), Jeremy V. Taylor,
Rey M. Saenz, and Chris A. Pena
Coastal Bend Council of Governments:
Reappointed: Peter Collins, Neiman Young, Esteban Ramos, Michael Rodriguez, Sony
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Peronel (Alternate), Gabriel Hinojosa (Alternate), Michael T. Hunter, Gil Hernandez and
Roland Barrera
Appointed: Wendy Herman and Dan Suckley
Island Strategic Action Committee:
Appointed: Marvin L. Jones (At-Large) and Terry A. Palmer (At-Large)
Reinvestment Zone No. 2 (Island) Board:
Appointed: County Commissioners Joe A. Gonzalez and John Marez
Landmark Commission:
Appointed: Gordon E. Landreth (At-Large)
Parks and Recreation Advisory Committee:
Appointed: Adam Rios
Senior Corps Advisory Committee:
Reappointed: Gary R. Burger (RSVP Volunteer Station)
Appointed: Katherine J. Joslin (SCP Volunteer)
H. EXPLANATION OF COUNCIL ACTION:
I. CONSENT AGENDA: (ITEMS 5 - 17)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. No items were pulled for individual
consideration.
Council Member Roy moved to approve the Consent Agenda, seconded by Council
Member Suckley. The motion carried with the following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy,
Council Member Klein and Council Member Campos
Abstained: 0
5. 23-0605 Approval of the March 21, 2023 and March 28, 2023 Regular Meeting Minutes
The Minutes were approved on the consent agenda.
Consent-Second Reading Ordinances
6. 23-0432 Ordinance accepting $20,169.56 from the State of Texas - Law Enforcement
Officer Standards and Education Account for training courses and
training-related travel for approximately 25 full-time sworn and civilian Corpus
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Christi Police Department personnel; and appropriating $20,169.56 in the FY
2023 in the Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033014
7. 23-0444 Ordinance authorizing the acceptance and appropriation of a $25,000 grant
from the Texas Historical Commission Certified Local Government program for
the Upper Westside Historic Resource Survey project with a City match of
$25,000 budgeted and coming from the Development Services fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033015
Consent- Contracts and Procurement
8. 23-0398 Motion authorizing a one-year service agreement renewal, with Great South
Texas Corp, dba Computer Solutions of San Antonio, through the DIR
Cooperative, for SmartNet network equipment support and maintenance for the
Information Technology Department, in an amount of$508,721.54, with FY 2023
funding from the Information Technology Fund.
This Motion was passed on the consent agenda.
Enactment No: M2023-046
9. 23-0463 Resolution authorizing a one-year service agreement with four one-year option
periods, with Kade Fessenden dba Fessenden Custom Lawn Care, of Corpus
Christi, in an amount not to exceed $55,750.40 and a potential amount of
$278,752.00 if option periods are exercised, for mowing and grounds
maintenance for Storm Water Group 8, covering various locations across the
City, for the Public Works Department, with FY 2023 funding of$22,300.16 from
the Storm Water fund.
This Resolution was passed on the consent agenda.
Enactment No: 033016
10. 22-2062 Motion authorizing a one-year supply agreement with Core & Main, LP, of
Corpus Christi, in an amount not to exceed $377,412.00, for the purchase of fire
hydrants for Corpus Christi Water, with FY 2023 funding in the amount of
$283,059.00 from the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2023-047
11. 22-2077 Motion authorizing execution of a one-year supply agreement, with two one-year
options, with Ferguson Enterprises, LLC, of Corpus Christi, for the purchase of
brass fittings for Corpus Christi Water in an amount not to exceed $261,306.00,
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and a potential amount up to $783,918.00, with FY2023 funding of$217,755.00
from the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2023-048
12. 23-0026 Motion authorizing a one-year supply agreement with Hajoca Corporation dba
Moore Supply of Corpus Christi, in an amount not to exceed $200,382.00 for the
purchase of gate valves for Corpus Christi Water, with FY 2023 funding of
$166,985.00 from the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2023-049
13. 23-0045 Motion authorizing a one-year supply agreement with one additional one-year
option with Southern Ionics, Incorporated, of West Point, Mississippi, in an
amount not to exceed $1,679,000.00, and potential amount not to exceed
$3,524,950.00 if the option period is exercised, for Sodium Bisulfite for Corpus
Christi Water, with FY 2023 funding of$1,259,250.00 from the Wastewater
Fund.
This Motion was passed on the consent agenda.
Enactment No: M2023-050
14. 23-0340 Motion authorizing execution of two three-year service agreements for recap tire
repairs for a combined total amount not to exceed $1,372,490.00 with The
Goodyear Tire & Rubber Company, of Akron, Ohio, for$818,250.00 and
Southern Tire Mart, LLC, of Columbia, Missouri, for $554,240.00 for the Asset
Management Department, with FY 2023 funding of$266,873.06 from the Fleet
Maintenance Service Fund.
This Motion was passed on the consent agenda.
Enactment No: M2023-051
General Consent Items
15. 23-0491 Resolution authorizing the submission of five grant applications to the Public
Safety Office - Homeland Security Grants Division for the State Homeland
Security Program for equipment and training to help prevent terrorism and other
catastrophic events for various functions of public safety for Fire, Police, and
Airport functions such as hazmat response enhancements, bomb squad
equipment, Special Weapons and Tactics team improvements, and airport
response in an amount of$912,404.29.
This Resolution was passed on the consent agenda.
Enactment No: 033017
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Consent-First Reading Ordinances
16. 23-0492 Ordinance authorizing the acceptance of two grants totaling $97,753.00 from the
Texas Office of the Governor-Homeland Security Grant Division's Homeland
Security Grant Program for terrorism prevention equipment for the Corpus
Christi Police Department's Special Weapons and Tactics for $19,355.00, and
Bomb Squad for$78,398.00; and appropriating $97,753.00 in the FY 2023 Fire
Grants Fund.
This Ordinance was passed on first reading on the consent agenda.
17. 23-0458 Ordinance authorizing the acceptance of funding in the amount of$733.36 from
the State of Texas - Law Enforcement Officer Standards and Education Account
for the Corpus Christi Fire Department for training and equipment for four arson
investigators; appropriating funds in the amount of$733.36 to the Fire Grants
Fund; and amending the operating budget.
This Ordinance was passed on first reading on the consent agenda.
J. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 2:00 p.m. Mayor Guajardo
reconvened the meeting at 2:48 p.m.
K. LEGISLATIVE UPDATE
Senior Intergovernmental Relations Coordinator Wendy Herman presented information
on the following topics: Bills to Watch-Port Bill; Texas Windstorm Insurance Association;
Economic Development Bills; Beach Bills; Military DEAAG Grants; Annexation Bills; and
upcoming events.
Council Members and Senior Intergovernmental Relations Coordinator Herman
discussed the following topics: a Council Member's opposition to the proposed
legislation that would give the Port of Corpus Christi authority to increase purchases; a
Council Member's request for the City Manager to provide information regarding tax
abatement; and identifying the chairman of the Calendars Committee.
L. PUBLIC HEARINGS: (ITEM 18)
18. 23-0460 Case No. 0123-02 David and Nicole Gerlach (District 4):
Ordinance rezoning property at or near 581 Yorktown Boulevard from the
"RS-6" Single-Family 6 District and "RMH" Manufactured Home District to
the "RE" Residential Estate District; providing for a penalty not to exceed
$2,000 and publication. (Planning Commission and Staff recommend
approval.)
Mayor Guajardo referred to Item 18.
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Assistant Director of Development Services Nina Nixon-Mendez presented information
on the following topics: zoning and land use.
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing.
City Manager Peter Zanoni stated that a prior council approved overlay zones around the
military bases and provided a six-month free rezoning for landowners.
Council Member Hunter moved to approve the ordinance, seconded by Council Member
Pusley. This Ordnance was passed on first reading and approved with the following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Roy, Council Member Klein and
Council Member Campos
Abstained: 1 - Council Member Suckley
M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 19 - 31)
19. 23-0451 Motion awarding a construction contract to DLF Two, Inc. dba DLF Texas
General Contractors of Corpus Christi, Texas, for the construction of a new Bill
Witt Aquatic Center in an amount of$10,061,852.67, located in Council District
5, with FY2023 funding available from the Parks and Recreation Bond 2020 and
2022 Fund.
Mayor Guajardo referred to Item 19.
Director of Engineering Services Jeff Edmonds and Director of Parks and Recreation
Robert Dodd presented information on the following topics: Bill Witt Aquatic Center; DLF
Two Inc.; Progressive Commercial Aquatics; project schedule; history of pools;
operational maintenance-first year; annual budget with staffing; north aerial view;
recreational pool aerial view; competition pool west aerial view; and south aerial view.
Council Members, City Manager Peter Zanoni, Director of Asset Management Charles
Mendoza, Director Edmonds, and Director Dodd discussed the following topics: staff will
ensure that preventative maintenance requirements are entered into Maximo; a Council
Member thanked staff for providing a detailed budget impact statement for this project; a
request for facilities with amenities for lifeguards; the Natatorium was constructed in
1995, but is not city-owned; the proposed operation budget of$408,000 for furniture,
fixtures and equipment was included in the operating budget versus the capital budget
because it was not included in the construction contract; 20 lifeguards will be on duty
during the summer and 12 lifeguards on a daily basis; Council Members' concern with not
hiring a local contractor; a Council Member's request for a cost analysis of all city pools,
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splash pads and any water feature; a Council Member's request to include a shade
structure over the lap pool to alleviate evaporation and sun exposure; the need to
increase lifeguard salaries; pools are closed due to lack of lifeguards; a request for a
five-year cost analysis for pool maintenance and operation; conducive work environments
are important to retain and recruit lifeguards; a job fair will take place on April 15 at the
Natatorium for Parks and Recreation positions; and a suggestion to elevate the lifeguard
program by providing additional training opportunities and workout time.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Hernandez moved to approve the motion, seconded by Mayor
Guajardo. This Motion was passed and approved with the following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy,
Council Member Klein and Council Member Campos
Abstained: 0
Enactment No: M2023-052
20. 23-0353 Motion awarding a construction contract to Progressive Commercial Aquatics,
Inc., Houston, TX, for the Cole Park Splash Pad project, located in Council
District 2, in an amount of$707,216.00, with FY 2023 funding available from the
Parks & Recreation Capital Improvement Project.
Mayor Guajardo referred to Item 20.
Director of Engineering Services Jeff Edmonds stated that this item is awarding a
construction contract for a splash pad at Cole Park. This splash pad will use recycled
water.
Council Members, City Manager Peter Zanoni, and Director Edmonds discussed the
following topics: all splash pads in the City use recycled water; in response to a Council
Member's concern about starting the construction during the peak summer months, staff
responded that construction costs continue to increase, and this will be a minimal
construction site so it should not affect activity in the area; splash pads are open from
Memorial Day through Labor Day, as well as Spring break; this will be the fifth splash pad
in the City, and all splash pads use chlorinated water; a Council Member's concern with
splash pads being operated during a drought; a request for a preventative maintenance
plan; and a request for the budget impact for splash pad maintenance.
Mayor Guajardo opened public comment.
There were no comments from the public.
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Mayor Guajardo closed public comment.
Council Member Campos moved to approve the motion, seconded by Council Member
Barrera. This Motion was passed and approved with the following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Suckley, Council Member Roy, Council Member Klein and
Council Member Campos
Nay: 1 - Council Member Pusley
Abstained: 0
Enactment No: M2023-053
21. 23-0290 Motion awarding a construction contract to Gourley Contractors, LLC., Corpus
Christi, TX, for the Council Chambers Modernization project, located in Council
District 1, in an amount of$918,481.00, with FY 2023 funding available from the
Certificates of Obligation fund.
This Item was withdrawn by the City Manager.
22. 23-0567 Motion authorizing a professional services contract with Turner Ramirez
Architects, Corpus Christi, Texas, for the design a new Allison Wastewater
Treatment Plant Office Facility located in Council District 1, in an amount not to
exceed $320,055.09, with FY 2023 funding available from Revenue Bonds.
This Item was withdrawn by the City Manager.
23. 23-0568 Motion authorizing a professional services contract with Turner Ramirez
Architects, Corpus Christi, Texas, for the design a new Whitecap Wastewater
Treatment Plant Office Facility located in Council District 4, in an amount not to
exceed $320,905.09, with FY 2023 funding available from Revenue Bonds.
This Item was withdrawn by the City Manager.
24. 23-0569 Motion authorizing a professional services contract with RVK Architecture, San
Antonio, Texas, for the design of a new Wastewater Maintenance Facility
located in Council District 3, in an amount not to exceed $443,392.00, with FY
2023 funding available from Revenue Bonds.
Mayor Guajardo referred to Item 24.
Director of Engineering Services Jeff Edmonds stated that this item is an architectural
contract to design a 10,000 square foot facility for maintenance of electrical, mechanical
and instrumentation equipment for six wastewater treatment plants and 105 lift stations.
Council Members, Director Edmonds, Assistant Director of Finance and Procurement
Josh Chronley, and Director of Water System Infrastructure Wesley Nebgen discussed
the following topics: bonus points cannot be given to local businesses for professional
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services contracts; top bidders should be required to utilize local engineers to obtain
local knowledge and expertise; a Council Member's concern that only three architectural
firms bid on this project; bids are advertised through a Request for Qualification; adding
local preference for professional services procurement needs to be addressed through
legislation; an approximately 2,000 square-foot portion of the warehouse is climate
controlled; and the high costs per square-foot are driven by the design.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Pusley moved to approve the motion, seconded by Council Member
Barrera. This Motion was passed and approved with the following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and
Council Member Campos
Nay: 1 - Council Member Hunter
Abstained: 0
Enactment No: M2023-054
25. 23-0645 Fiscal Year 2023 Plan of Finance and Resolution by the City Council of the City
of Corpus Christi, Texas, authorizing and approving publication of Notice of
Intention to issue not more than $15,000,000 in one or more series of
Certificates of Obligation for certain facility construction and capital
improvements, as included in the Fiscal Year 2023 Capital Budget; complying
with the requirements contained in Securities and Exchange Commission Rule
15c2-12; and providing an effective date.
Mayor Guajardo referred to Item 25.
A Council Member stated he is opposed to the use of Certificates of Obligation, so he
will be abstaining from this item.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment
Council Member Hunter moved to approve the resolution, seconded by Council Member
Barrera. This Resolution was passed and approved with the following vote:
City of Corpus Christi Page 11 Printed on 411412023
City Council Meeting Minutes April 11,2023
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and
Council Member Campos
Abstained: 1 - Council Member Hernandez
Enactment No: 033018
26. 23-0450 Motion authorizing execution of Amendment No. 1 to the professional services
contract with DIG Studios, Inc., in an amount of$56,020.00 for a revised amount
not to exceed $106,020.00, to provide additional Phase I Implementation
services under the Wayfinding Graphic Design service agreement 4163 for the
fabrication and implementation of wayfinding signage citywide, with Fiscal Year
2023 funding available from the Hotel Occupancy Tax Fund.
Mayor Guajardo referred to Item 26.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
Mayor Guajardo closed public comment.
Council Member Barrera moved to approve the motion, seconded by Council Member
Hunter. This Motion was passed and approved with the following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy,
Council Member Klein and Council Member Campos
Abstained: 0
Enactment No: M2023-055
27. 23-0462 Motion authorizing a 60-month lease agreement with Bayview Tower, LLC for
lease of office space at Bayview Tower, 400 Mann Street, Corpus Christi, Texas
(6,422 square feet) for Parks & Recreation for an amount not to exceed
$489,409.92 with FY 2023 funding in an amount of$23,279.76 from General
Fund-Parks and Recreation.
Mayor Guajardo referred to Item 27.
Council Members, City Manager Peter Zanoni, and Director of Parks and Recreation
Robert Dodd discussed the following topics: this lease is for Parks and Recreation
office space expansion; and a Council Member commended staff for sensible spending
on this building lease.
Mayor Guajardo opened public comment.
There were no comments from the public.
City of Corpus Christi Page 12 Printed on 411412023
City Council Meeting Minutes April 11,2023
Mayor Guajardo closed public comment.
Council Member Hunter moved to approve the motion, seconded by Council Member
Campos. This Motion was passed and approved with the following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy,
Council Member Klein and Council Member Campos
Abstained: 0
Enactment No: M2023-056
28. 23-0676 Resolution Amending the City of Corpus Christi's State Legislative Agenda for
the 88th Texas Legislature relating to legislation involving the Port of Corpus
Christi
Mayor Guajardo referred to Item 28.
Senior Intergovernmental Relations Coordinator Wendy Herman reported that in
December 2022, City Council passed a legislative agenda including three provisions
concerning the Port of Corpus Christi as follows: 1) preserve the power of the City of
Corpus Christi to appoint three members of the governing board of the Port of Corpus
Christi, 2) oppose Legislation that would expand the authority of the Port of Corpus
Christi beyond their role and responsibility to maintain and promote navigable
commerce, and 3) oppose legislation that would expand the unilateral economic
development and real estate development authority of the Port of Corpus Christi.
Staff is asking the Council to support the passage of legislation placing the Port Authority
under Texas Sunset Advisory Commission review. Every entity that comes before the
Sunset Commission has to answer a set of 14 questions. The bill that Chairman Lozano
presented does not allow for the Port Authority of Nueces County to be abolished. After
the Sunset review is completed, the commission makes recommendations to the Texas
State Legislature.
Council Members and Senior Intergovernmental Relations Coordinator Herman
discussed the following topics: a Council Member's concern that the Port attempts to
embellish their success; this sunset review board would not address the San Patricio
County's concerns regarding representation on the Port of Corpus Christi; historically,
only state agencies have been subject to review; a Council Member's concern that
supporting this review could make the City subject to a review due to anti-city sentiment
in the legislature; the sunset review had a positive financial impact on the Port of
Houston; this review will require the support of the majority of the City, Nueces County
and San Patricio County; as an alternative to the sunset review, the Port Commission's
Audit Committee will be approving a full financial audit and hire the same external auditor
that the City uses; this audit report can be provided to the community within a few months;
a Council Member's concern about the poor timing of this review; a review would not
abolish Port authority but would make them subject to an audit; and the sunset review
City of Corpus Christi Page 13 Printed on 411412023
City Council Meeting Minutes April 11,2023
could improve accountability of the Port by justifying expenditures of public funds.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Klein moved to approve the resolution, seconded by Council Member
Campos. This Resolution failed with the following vote:
Aye: 4- Mayor Guajardo, Council Member Barrera, Council Member Klein and Council Member
Campos
Nay: 5- Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council
Member Suckley and Council Member Roy
Abstained: 0
29. 23-0612 Resolution of the Corpus Christi City Council supporting open beaches and
opposing any legislation, administrative action, or executive action that may
directly or indirectly limit the public's right of access and open enjoyment of
public beaches, including vehicular access.
Mayor Guajardo referred to Item 29.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
Mayor Guajardo closed public comment.
Council Member Pusley moved to approve the resolution, seconded by Council Member
Hunter. This Resolution was passed and approved with the following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy,
Council Member Klein and Council Member Campos
Abstained: 0
Enactment No: 033019
30. 23-0650 Resolution of the Corpus Christi City Council supporting the Sea Turtle Science
and Recovery Program at Padre Island National Seashore.
Mayor Guajardo referred to Item 30.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
City of Corpus Christi Page 14 Printed on 411412023
City Council Meeting Minutes April 11,2023
Mayor Guajardo closed public comment.
Council Member Suckley moved to approve the resolution, seconded by Council Member
Klein. This Resolution was passed and approved with the following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy,
Council Member Klein and Council Member Campos
Abstained: 0
Enactment No: 033020
31. 22-2109 Case No. 1022-07 Arriba Development (District 1): Ordinance rezoning property
at or near 10902 Interstate Highway 37, located along the north side of Interstate
37, west of Sessions Road from the "RS-6" Single-Family 6 District and the
"CN-1" Neighborhood Commercial District to the "RM-1" and "RM-2" Multifamily
Districts. (Planning Commission and Staff recommend denial of the rezoning
request, and in lieu, approval of a change of zoning a "RS-6/SP" Single-Family 6
District with a Special Permit) (3/4 favorable vote required due to protest by
surrounding owners)
Mayor Guajardo referred to Item 31.
A Council Member stated he would be voting against this item because of his concern
about the dangerous intersection.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Assistant Director of Development Services Nina Nixon-Mendez stated that staff would
like to amend the ordinance with the following motion: Motion to amend the zoning
ordinance to clarify special permit conditions to specify the required 60-foot right of way
for Sessions Road and reconstruction of Sessions Road with 26-foot pavement width, as
drafted by staff.
Council Member Roy moved to approve the ordinance as drafted by staff, seconded by
Council Member Hunter and approved with the following vote: Mayor Guajardo and
Council Members Barrera, Hernandez, Hunter, Pusley, Suckley, Roy and Campos-voting
yes; and Council Member Klein-voting no.
Council Member Barrera moved to approve the ordinance as amended, seconded by
Council Member Roy. This Ordinance was passed on second reading as amended and
approved with the following vote:
City of Corpus Christi Page 15 Printed on 411412023
City Council Meeting Minutes April 11,2023
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and
Council Member Campos
Nay: 1 - Council Member Klein
Abstained: 0
Enactment No: 033021
N. BRIEFINGS: (NONE)
O. EXECUTIVE SESSION: (ITEM 32)
32. 23-0437 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 legislation pending or contemplated
in the 88th Texas Legislature and potential changes to the City's Legislative
Agenda, including, but not limited to, legislation involving preservation of local
decision-making authority, land use, revenue caps, debt issuance, taxation, use
of rights-of-way, communication with legislators & administrative agencies,
emergency service districts, navigation districts, school districts, other special
districts, public health, military installations (including DEAGG Program grants),
tax exemptions, air quality, utilities, appraisal appeals, economic development,
school finance, transportation infrastructure, tourism and hotel occupancy tax
funding, homelessness, and affordable housing.
This E-Session Item was withdrawn.
P. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 4:14 p.m.
City of Corpus Christi Page 16 Printed on 411412023
Mariah Resendez
From: Jotform <noreply@jotform.com>
Sent: Tuesday, April 11, 2023 10:33 AM
To: CitySecretary; Norma Duran
Subject: Public Input: 04-11-2023 - Julie Rogers
I I WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a
password, username, payment or to take action from an email. When in doubt, please forward to
SecurityAlert@cctexas.com. ] ]
F _Public Comment & Input Form
Date of Meeting 04-11-2023
Name Julie Rogers
Address Street Address: 710 Furman Ave
City: Corpus Christi
State/ Province:TX
Postal/Zip Code: 78404
Topic Resolutions
Agenda Item Number N/A
Describe Feedback: Happy Spring and Greetings to All! I am grateful for
the resolutions on saving the turtle program and
open beaches that you are voting to adopt. Please
get it passed. I also noticed that many of the
contracts being voted on are going to local
businesses.thank you for that and for offering the
program to businesses to educate them on doing
business with the City. It is important to keep
money in our community,which I have heard you
discuss previously. We have a wonderful diverse
and talented community. I ask that you continue to
show love, respect and support to all, including
during public comment. Please remain attentive
and present when community members speak. We
all learn a lot from public comment. It is an honor
and privilege to have this right, and we should treat
it that way. I look forward to the rest of the year
and hope you had a successful retreat. Adelante!
Provide an email to
receive a copy of your rogersjuliet@gmail.com
submission.
so
�o
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H AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting April 11, 2023
WoRPORP�g4 Second 1852 Reading Ordinance for the City Council Meeting April 18, 2023
DATE: April 11, 2023
TO: Peter Zanoni, City Manager
FROM: Richie Quintero, Interim Fire Chief
richieq@cctexas.com
(361) 826-3900
Acceptance of two grants totaling $97,753 from the Texas Office of the Governor-
Homeland Security Grants Division
CAPTION:
Ordinance authorizing the acceptance of two grants totaling $97,753.00 from the Texas Office of
the Governor—Homeland Security Grant Division's Homeland Security Grant Program for
terrorism prevention equipment for the Corpus Christi Police Department's Special Weapons and
Tactics for $19,355.00, and Bomb Squad for$78,398.00; and appropriating $97,753.00 in the FY
2023 Fire Grants Fund.
SUMMARY:
This ordinance authorizes the acceptance and appropriation of two grants totaling $97,753.00
from the Homeland Security Grant Division's Homeland Security Grant Program (HSGP). The
terrorism prevention equipment that will be purchased with the funds from these two grants will
help support local and state efforts to prevent terroristic and catastrophic events that pose a high
risk to public safety.
BACKGROUND AND FINDINGS:
The HSGP is a federal grant program that is managed by the State, through the Office of the
Governor, and is administered through the Coastal Bend Council of Governments. The grant
funding will provide increased protection for the bomb technicians and the Special Weapons and
Tactics (SWAT) team through the purchase of vital terrorism prevention equipment to first
responders. The terrorism prevention equipment will enhance both the SWAT and Bomb Squad
teams' capabilities, allowing them to respond to high-risk incidents more quickly and effectively.
In turn, this will increase the level of protection for the public from terrorism and catastrophic
events.
The Corpus Christi Fire Department (CCFD) submits grant applications to the HSGP on behalf of
the CCFD and other City departments. The City has been awarded these grants since 2002. In
FY 2022, the City was awarded four grants totaling $189,547.47 from the Homeland Security
Grant Program.
ALTERNATIVES:
The alternative is not to accept these two grants and instead seek alternative funding for the
terrorism prevention equipment for the Corpus Christi Police Department's Bomb Squad and
SWAT Team. However, this would place the public at a higher risk of terrorism and catastrophic
events.
FISCAL IMPACT:
Acceptance of funds in the amount of $97,753.00 and appropriating $97,753.00 to the FY 2023
Fire Grants fund.
Funding Detail:
Fund: 1062 Fire Grants
Organization/Activity: 821271 F, 821272F
Department Number: 10 Fire Department
Project # (CIP Only): N/A
Account: 520090 Minor Tools & Equipment
Amount: $97,753.00
RECOMMENDATION:
Staff recommends approval of this ordinance to accept and appropriate two grants totaling
$97,753.00 for the purchase of terrorism prevention equipment, as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance authorizing the acceptance of two grants totaling $97,753.00 from the
Texas Office of the Governor—Homeland Security Grant Division's Homeland
Security Grant Program for terrorism prevention equipment for the Corpus Christi
Police Department's Special Weapons and Tactics for$19,355.00, and Bomb Squad
for $78,398.00; and appropriating $97,753.00 in the FY 2023 Fire Grants Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
Section 1. The City Manager or designee is authorized to execute all documents
necessary to accept two grants totaling of $97,753.00 from the Texas Office of the
Governor—Homeland Security Grant Division's Homeland Security Grant Program for
the Corpus Christi Police Department's Special Weapons and Tactics for$19,355.00, and
Bomb Squad for $78,398.00.
Section 2. $97,753.00 from the Texas Office of the Governor—Homeland Security Grant
Division's Homeland Security Grant Program is appropriated into the No. 1062 Fire
Grants Fund.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Silvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Silvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
PASSED AND APPROVED on this the day of , 2023.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
so
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p A
v
WoRPORP�g4 AGENDA MEMORANDUM
1852
Action Item for the City Council Meeting April 11, 2023
DATE: April 11, 2023
TO: Peter Zanoni, City Manager
FROM: Richie Quintero, Interim Fire Chief
richieq@cctexas.com
(361) 826-3900
Acceptance of funds from the State of Texas Law Enforcement Officer Standards and
Education account
CAPTION:
Ordinance authorizing the acceptance of funding in the amount of$733.36 from the State of Texas
— Law Enforcement Officer Standards and Education Account for the Corpus Christi Fire
Department for training and equipment for four arson investigators; appropriating funds in the
amount of$733.36 to the Fire Grants Fund; and amending the operating budget.
SUMMARY:
This ordinance authorizes the acceptance and appropriation of an allocation of$733.36 from the
Law Enforcement Officer Standards and Education account. The State of Texas provides an
annual allocation for training and equipment for law enforcement officers. The City of Corpus
Christi's Fire Department's arson investigators fall under the category of law enforcement officers
because they are licensed peace officers.
BACKGROUND AND FINDINGS:
The Corpus Christi Fire Department (CCFD) has received funding in the amount of$733.36 from
the State of Texas Law Enforcement Officer Standards and Education (LEOSE) account. The
funds are received from the State as directed by the Texas Occupations Code, Section 1701.157.
The purpose of the program is to make an annual allocation from the LEOSE account to qualified
law enforcement agencies. The funds allotted for CCFD are used for training and equipping arson
investigators. CCFD's arson investigators are licensed peace officers, which qualifies them for
this funding.
The grant funds will be used for training and equipment for the arson investigators. Arson
investigators are required to maintaining certifications and qualifications on an annual basis, such
as firearms qualifications. The equipment purchased are items such as ammunition for firearms
trainings and other accessories related to the security and storage of firearms.
CCFD has been receiving the funds since 2002. Last year, CCFD received $725.49 from this
grant.
ALTERNATIVES:
The alternative is not to accept the grant and instead seek funding from other programs that
support fire investigator functions, or to utilize the General Fund for funding. However, CCFD has
received this funding since 2002 and it is financially helpful for continuing to train and equipment
CCFD's arson investigators.
FISCAL IMPACT:
Acceptance of funds in the amount of$733.36 and appropriating $733.36 to the Fire Grants Fund.
Funding Detail:
Fund: 1062 Fire Grants
Organization/Activity: 826401 L LEOSE- Fire Grants
Department Number: 10 Fire Department
Project # (CIP Only): N/A
Account: 340000 Contributions & Donations
Amount: $733.36
RECOMMENDATION:
Staff recommends City Council authorize the ordinance to accept and appropriate the funds in
the amount of$733.36, as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Award Letter
Ordinance funding in the amount of$733.36 from the State of Texas —
Law Enforcement Officer Standards and Education Account for Fire
Department training and equipment for arson investigators;
appropriating funds in the amount of $733.36 to the Fire Grants Fund;
and amending the operating budget.
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 all documents
necessary to accept funding in the amount of$733.36 from the from the State of Texas —
Law Enforcement Officer Standards and Education Account under Occupations Code,
Section 1701.157, for the allocation from this fund to expenses related to the continuing
education of those licensed under this Chapter of the Occupations Code.
SECTION 2. That $733.36 is appropriated in the No. 1062 Fire Grants Fund from the
State of Texas — Law Enforcement Officer Standards and Education Account to provide
training described in Section 1 .
SECTION 3. That the 2022-2023 operating budget approved by Ordinance No. 032855
is amended to increase revenues and expenditures.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
That the foregoing ordinance was read for the second time and passed finally on this
the of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
PASSED AND APPROVED on the day of , 2023:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
�vs c
GO �
AGENDA MEMORANDUM
Public Hearing and First Reading for the City Council Meeting of April 11, 2023
NggpqRPY EO Second Reading for the City Council Meeting of April 18, 2023
1852
DATE: April 11 , 2023
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning for property at or near 581 Yorktown Boulevard
CAPTION:
Case No. 0123-02 David and Nicole Gerlach (District 4): Ordinance rezoning property
at or near 581 Yorktown Boulevard from the "RS-6" Single-Family 6 District and "RMH"
Manufactured Home District to the"RE" Residential Estate District; providing for a penalty
not to exceed $2,000 and publication.
PURPOSE:
To bring the subject property into compliance with Military Compatibility Area Overlay
District (MCAOD), which was adopted on August 22, 2022, and allow the subject
property to remain as a single-family residence.
BACKGROUND AND FINDINGS:
As detailed in the Zoning Report, the subject property is 4.74 acres in size. The "RS-6"
Single-Family 6 District would allow nine du/acres, whereas the "RE" Residential Estate
District allows only one du/acre. To the north of the site, properties are zoned "CG-1"
General Commercial and "RE" Residential Estate Districts, with commercial, light
industrial, and estate residential uses. To the south, properties are zoned "RMH"
Manufactured Home, "FR" Farm Rural, and "RS-6" Single-Family 6 Districts and are
vacant. To the east, properties are zoned "RS-6" Single-Family 6 District with low-density
residential uses. To the west, properties are zoned "FR" Farm Rural and "RMH"
Manufactured Home Districts and are vacant. The proposed rezoning is consistent with
the Future Land Use Map, which recommends low-density residential uses.
During the August 16, 2022, City Council meeting, the council approved the MCAOD.
The MCAOD only added the military overlay and did not change the base zoning district.
Once MCAOD was approved, Development Services offered a six-month window for
free-of-charge rezonings which began on August 22, 2022 and ended on February 22,
2023. The proposed rezoning is to bring the subject property into compliance with
MCAOD. Any future rezonings are at the discretion of the property owners, but none are
required.
After evaluation of case materials provided and subsequent staff analysis including land
development, surrounding uses and zoning, transportation and circulation, utilities,
Comprehensive Plan consistency, and considering public input, staff proposes approval
of the change of zoning.
ALTERNATIVES:
Denial of the change of zoning from the "RS-6" Single-Family 6 District and "RMH"
Manufactured Home District to the "RE" Residential Estate District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Planning Commission and Staff recommended approval of the change of zoning from the
"RS-6" Single-Family 6 District and the "RMH" Manufactured Home District to the "RS-6"
Single-Family 6 District on February 22, 2023.
Vote Count.-
For:
ount:For: 7
Opposed: 0
Absent: 0
Abstained: 0
Vacant: 2
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0123-02 David and Nicole Gerlach (District 4): Ordinance rezoning property
at or near 581 Yorktown Boulevard from the "RS-6" Single-Family 6 District and "RMH"
Manufactured Home District to the "RE" Residential Estate District; providing for a penalty
not to exceed $2,000 and publication.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described Lot 1 , Block 1, Gerlach Acres, as shown in Exhibit "A":
From the "RS-6" Single-Family 6 District and "RMH" Manufactured Home District to the
"RE" Residential Estate District.
The subject property is located at or near 581 Yorktown Boulevard. Exhibit "A", which is
a map of the subject property, and Exhibit "B", which is a metes and bounds description
of the subject property, are attached to and incorporated in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011, and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 5. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall become effective upon publication.
Page 2 of 5
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
PASSED AND APPROVED on this the day of , 2023.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
Page 3 of 5
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tee Prmrr8.v cmDrwn T-IA 71"TIa Ps Dr C tp of F,6 HFRF.C;.rrrnin,INt"RFMfNT P
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FR F—P a-n T-It AVafAdrt�u F1cew 8.aai wbn .-_-r
Rr Alk. D s rr1 31 LOCATION MAP
Page 4 of 5
Exhibit B
URBAN
E N C.331 N E E R I N Ca Job No_42926_C2.00
FebnLmy 2,2023
Exhibit B
4.740 Acre
Zoning Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes,for a 4.740 Acre Zoning Tract being all of Lot 1,Block 1,Gerlach Acres,and a 0226 Acre(9853st)
portion of dedicated Right-of-Way,all as shown on plat recorded in Volume 68,Page 353,Map Records of Nueces County,
Texas;the said 4.740 Acre Zoning Tract,being more fully described as follows:
Beginning,at a 5/8 Inch Iron Rod with a plastic cap stamped"BRISTER SURVEYING'Found,being the North
comer of Lot 1,Block 1,Yorktown Heights Unit 2,a map of which is recorded in Volume 69,Pages 908 through 909,said
Map Records,being the East comer of this Tract;
Thence,South 28°35'45"West,with the common boundary line of the said Block 1 and this Tract,at 17.74 Feet,pass
a 518 Inch Iron Rod with a plastic cap stamped`BRISTER SURVEYING'Found,at 29.86 Feet,pass the East comer of Lot 1,
Block L said Gerlach Acres,at 60330 Feet,pass the West corner of the said Yorktown Heights Unit 2,in all a distance of
625.86,to a 518 Inch Iron Rod with a plastic cap stamped`BRISTER SURVEYING"Found,on the Northwest boundary line
of Lot 5,Yorktown Heights Annex,a map of which is recorded in Volume 39,Page 107,said Map Records,for the South
comer of this Tract;
Thence,North 61'53'02"West,with the Southwest boundary line of the said Lot 1,Gerlach Acres,and of this Tract,
329.95 Feet,to a 518 Inch Iran Rod Found,for the West comer of this Tract;
Thence,North 28135'45"East,at 596.00 Feet,pass the North corner of the said Lot 1,Gerlach Acres,in all a distance
of 625.86 Feet,for the North comer of this Tract;
Thence,South 61°53'02"East,a distance of 329.95 Feet,to the Point of Beginning,containing 4.740 Acres(206,496
Sq.Ft.)of Land,more or less_
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,
and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor
assumes no responsibility for its accuracy_Also reference accompanying sk act described herein.
E OF T
URBAN ENGINEERING
BRIAN RANO LC LNT50V 4
C •,�SS1, �O Brian D.Lorentso .P.L.S.
License No.6839
S:\Surveying\42926102001ADMINISTRATIVE\DELIVERABLE1FN42926C200_20230202.Docx Page 1 of 1
OFFICE:(361)854-3101 2725 SWANTNERDR•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbanen¢.com
TBPE Firm 4 145•TBPLS Firm 4 10032400
Page 5 of 5
ZONING REPORT
Case # 0123-02
Applicant & Subject Property
City Council District: 4
Owner: David and Nicole Gerlach
Applicant: Urban Engineering
Address: 581 Yorktown, located along the south side of Yorktown Boulevard, east of Waldron
Road, and west of Laguna Shores Road.
Legal Description: Lot 1, Block 1, Gerlach Acres
Acreage of Subject Property: 4.74
Pre-Submission Meeting: July 20, 2022
Zoning Request
From: "RS-6" Single-Family 6 District and "RMH" Manufactured Home District
To: "RE" Residential Estate District
Purpose of Request: To bring the subject property into compliance with Military Compatibility
Area Overlay District (MCAOD), which was adopted on August 22, 2022, and allow the subject
property to remain as a single-family residence.
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
Site
"RMH" Manufactured Home, Low-Density Residential Low-Density Residential
"RS-6" Single-Family 6
"CG-1" General Commercial,
Commercial, Light Low-Density Residential,
North Industrial, Estate
"RE" Residential Estate Residential Light Industrial
"RMH" Manufactured Home,
South "FR" Farm Rural, "RS-6" Vacant Low-Density Residential
Single-Family 6
East "RS-6" Single-Family 6 Low-Density Residential Low-Density Residential
"FR" Farm Rural, "RMH"
West Vacant Low-Density Residential
Manufactured Home
Plat Status: The properties is in the replatting process.
Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): Yes
Code Violations: None
Transportation and Circulation
Designation-Urban Section Proposed Section Existing
Yorktown Street
Boulevard "C2" Secondary 3 Lanes, 2 Lanes,
Collector 65 feet 35 feet
Utilities
Gas: Existing.
Stormwater: Existing.
Wastewater: Existing
Water: Existing.
Corpus Christi Comprehensive Plan
Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future
development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ)
was adopted in 2016.
Area Development Plan (ADP): According to Plan CC the subject property is located within
the Flour Bluff Area Development Plan (Adopted on July 22, 2021).
Water Master Plan: No improvements have been proposed.
Wastewater Master Plan: No improvements have been proposed.
Stormwater Master Plan: No improvements have been proposed.
Public Notification
Number of Notices Mailed • 21 within a 200-foot notification area
• 1 outside 200-foot notification area
In Opposition • 0 inside the notification area
• 0 inside the notification area
• 0% in opposition within the 200-foot
notification area (1 individual property
owner)
Public Hearing Schedule
Planning Commission Hearing Date: February 22, 2023
City Council 1St Reading/Public Hearing Date: April 11 , 2023
City Council 2nd Reading Date: April 18, 2023
Background:
Following the first 6 months after the passage of the MCAOD in August of 2022, zoning
application fees are waived for properties within a Safety Subzone that rezone to bring the
property into compliance.
Comprehensive Plan Consistency:
• Plan CC: The proposed rezoning is consistent with the following Goals and Strategies
for Decision Makers:
o Economy & Workforce
■ Corpus Christi has maintained a harmonious relationship with the military
and has seen growth in military facilities.
o Future Land Use, Zoning, & Urban Design
■ Regulations to protect military and civilian airfield and airport use are in
place.
Zoning Report
Page 3
• Future Land Use Map and Southeast Area Development Plan: The proposed rezoning
is consistent.
o Designated Future Land Use: Low-Density Residential.
• Military Compatibility Area Overlay District (Safety Subzone): The proposed rezoning is
consistent.
Staff Analysis:
"While the comprehensive plan is consulted when making decisions about rezoning. It does
not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the
subject property's background information and the applicant's purpose for the rezoning request
and conducted research into the property's land development history to include platting,
zoning, existing surrounding land uses, and potential code violations. Staff compared the
proposed zoning's consistency with the applicable elements of the comprehensive plan. As a
result of the above analysis, staff notes the following:
• The proposed use is in keeping with the character of the neighborhood and compatible
with adjacent land uses.
• The proposed rezoning is consistent with the Future Land Use Map, Area Development
Plan, and comprehensive plan.
• The proposed rezoning is consistent with the MCAOD:
o Proposes two units per acre.
o Downzones the property.
After evaluation of case materials provided and subsequent staff analysis including land
development, surrounding uses and zoning, transportation and circulation, utilities,
Comprehensive Plan consistency, and considering public input, staff recommends approval of
the change of zoning.
Planning Commission and Staff Recommendation (February 22, 2023): Approval of the
change of zoning from the "RS-6" Single-Family 6 District and the "RMH" Manufactured Home
District to the "RE" Residential Estate District.
ATTACHMENT A: EXISTING ZONING AND NOTICE AREA
CG- 1
FR
RE
oN
o�
SUBJECT
E PROPERTY �Q Nq.
RIS-6 A ��RY
RMH
FR
CASE: 0923-02 p "
a yip lel ,
SUBJECT PROPERTY WITH ZONING 3 4
® _ J� 5 a sport tai aii tl'.
Subject = y p �pD`
Property ' m'
A-1 Apartment House District 1-1 Limited Intlustnal Distract
A-1A Apartment House District 1-2 Light Intlustnal Distnel
A-2 Apartment House Dlstrnct F3 HlIntlustnal Distract
AB Professional Dmne District FUD Planned unit D—ioPment SUBJECT
AT Apartment-Tonnst Distract R-IA One Family Dwelling Distncl
B-1 Neghbamood111:1 ssDishct R-1B one FamilyDwenllDislnct PROPERTY
B-1A Neigh bo mootl Business District R-1C One Family Dwell ing Distncl R-0,
B-2 Hayti Business Distnct R-2 Multipl.Dwelling Distinct
B-2A Barrier Island Business District RA One Family Dwelling Distncl
P 3Busl less Dlstritl RE Residential Estate District
Bd General Business Bil l R-TH T—hell se Dwelling Distncl
B3 Pnmary Business District SP Special Permit
BE PrimaryBusmesaCamDistricl T-1A TraaelTrailerPark District Cil of EA,HERE,(Darwin,INCREMENT P,
BD Corpus Chnsti Beach Design Dist T-113 Manufacluretl Home Park District COI-PUL
FR Farm Rural Distncl TIC Manufactured Home Subdivided C�}7 j5.11 LOCATION MAP
HC Histarilcal-Cultural Landmark District
Zoning Case 0123-02
David and Nicole Gerlach
DISTRICT 4
Rezoning for a property at
ti-
M1 581 Yorktown
From "RS-6" & "RMI-11" to "RE"
sa
SUBJECT,,
PROPERTY
E,
-n,HERE
City Council
April 11, 2023
Zoning and Land Use
Proposed Use:
To bring the subject property into compliance with
CG-1 Military Compatibility Area Overlay District (MCAOD)
FR and allow continued use as a single-family residence.
Q� YpR R E
042 Area Development Plan:
�P Flour Bluff(Adopted July 22, 2021)
jj Future Land Use Map:
Low-Density Residential
SUBJECT/
%PRO ER1Y/ e
tip= wqY Existing Zoning District:
"RS-6" Single-Family 6, "RMH" Manufactured Housing
RMH Adjacent Land Uses:
• North: Commercial, Light Industrial, Estate
\\ Residential (Zoned: CG-1, RE)
• South: Vacant (Zoned: FR, RMH)
t • East: Low-Density Residential (Zoned: RS-6)
FR • West: Vacant (FR, RMH)
AICUZ
AICUZ (Air Installation Compatibility Use Zone)
The AICUZ (2020) is a part of the City's
Comprehensive Plan and identifies areas of incompatible
land use near military installations.
MCAOD (Military Compatibility Area Overlay
a� Districts
3P The MCAOD is a zoning district codified within the Unified
Development Code consisting of safety subzones.
CZ(Clear Zone)
SUBJECT The CZ is a zone within the MCAOD consisting of the area
BROPERTY �s4 �AMTFw immediately beyond the usual runway threshold which
9" possesses a higher potential for accidents than other areas
further away from the runway.
APZ-1 (Accident Potential Zone 1)
AICUZ The APZ-1 is a zone within the MCAOD consisting of the
APZ-1 area beyond the clear zone which still possesses a
APZ-2 measurable potential for accidents relative to the CZ.
CZ APZ-2 (Accident Potential Zone 2)
The APZ-2 is a zone within the MCAOD consisting of an
area beyond the APZ-1 which has measurable potential for
aircraft accidents relative to the APZ-1 or CZ.
Public Notification
21 Notices mailed inside 200' buffer
3
1 Notice mailed outside 200' buffer CG-
2
FR
pa / roR�TR E
.0
Notification Area
Opposed: 0 (0%) e
Separate Opposed Owners: 0
SU ECT
E � R�jry/ 10 4
12
In Favor: 0 (0.00%)
14
RMH 21
15
4
16
17
"Notified property owner's land in SQF/Total square
footage of all property in the notification area = 6
Percentage of public opposition. FR
Staff Analysis And Recommendation
• The proposed use is in keeping with the character of the neighborhood and
compatible with adjacent land uses.
• The proposed rezoning is consistent with the Future Land Use Map, Area
Development Plan, and overall Comprehensive Plan.
• The proposed rezoning is consistent with the MCAOD:
o Proposes two units per acre.
o Downzones the property.
PLANNING COMMISSION & STAFF RECOMMENDATION:
Approval of the rezoning request from the "RS-6" Single-
Family 6 District and the "RMH" Manufactured Home
District to the "RE" Residential Estate District.
0
SUBJECT
PROPERTY
.Wr /
CASE: 0123-02
WE
r y Ra a s
Aerial View = S
my � paOrs,a/
4Q 0111
Subject s4 4y m
Property
SUBJECT\
PROPERTY
Ranch
YIN
Cityof Esri, HERE,Garmin,INCREMENT P,
Corpus
Christi LOCATION MAP
se
o
H
v AGENDA MEMORANDUM
NIOHPOHPI First Reading for the City Council Meeting of April 18, 2023
1852 Second Reading for the City Council Meeting of April 25, 2023
DATE: April 18, 2023
TO: Peter Zanoni, City Manager
THROUGH: George Holland, City Auditor
GeorgeH3@cctexas.com
(361) 826-3661
Audit Committee
Audit Committee qualification, Ex-officio member, access to records, modify audit follow-
up timeline, and composition of ad hoc committee
CAPTION:
Ordinance amending Chapter 12'/2 of the Corpus Christi Code to add experience requirement for
Audit Committee, allow for an ex-officio member of the audit committee, clarify access to
records, modify audit follow up timeline, and modify composition of ad hoc committee for
city auditor vacancy review
SUMMARY:
At the April 11, 2023 Audit Committee Meeting, the Committee unanimously voted to recommend
to City Council revisions to City Code Chapter 12'/2. Those revisions include adding experience
requirements pertaining to Audit Committee membership composition and qualifications.
Additionally, clarification regarding auditor access and follow-up reporting timelines promoted by
the International Professional Practices Framework (IPPF) standards of the Institute of Internal
Auditors were presented and discussed.
BACKGROUND AND FINDINGS:
Today, a strong control environment has become increasingly important, to address all sorts of
government-related issues and risks. Regulators and key stakeholders don't just want swift
corrective action; they want strong preventive action.
Preventative action includes strong Audit Committee membership composition and expertise
critical to ensuring that our local government is accountable, transparent, and cost-effective. In
objectively evaluating these issues and risks, city auditor access to records and follow-up
reporting timelines are important to obtaining complete, accurate, relevant, and timely feedback
on the City's programs.
During our annual review of the City Code Chapter 12 '/2 we noted that further updates were
needed to address these issues and risks.
ALTERNATIVES:
City Council may reject all or part of the proposed revisions to City Code Chapter 12 '/2 City
Auditor presented.
FISCAL IMPACT: N/A
Funding Detail: N/A
Fund:
Organ ization/Activity:
Department:
Project # (CIP Only):
Account:
RECOMMENDATION:
The Audit Committee recommends City Council to accept the proposed revisions.
LIST OF SUPPORTING DOCUMENTS:
City Code Chapter 12 '/2 Redlined Ordinance
Ordinance amending Chapter 12% of the Corpus Christi Code to add
experience requirement for Audit Committee, allow for an ex-officio member
of the audit committee, clarify access to records, modify audit follow up
timeline, and modify composition of ad hoc committee for city auditor
vacancy review
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The Corpus Christi Code, Chapter 12'/2, Sec. 12'/2 -3. Audit committee, is
amended by adding the following language that is underlined (added) and deleting the
language that is stricken (deleted) as delineated below:
Sec. 12% -3 Audit committee.
(a) The audit committee will provide guidance to and oversight of the city auditor's
office in the performance of its responsibilities. The audit committee will consist
of four (4) council members appointed by the mayor at the beginning of each
council term. The mayor shall appoint one of the council members as the
chairperson. The mayor may change the membership of the audit committee
at any time. However, if a committee has not been appointed, then the duties
of the council audit committee as described in this chapter shall be undertaken
by the entire city council. It is preferred that audit committee members possess
knowledge of audit, finance, local government, information technology, law,
governance, and risk control. An ex-officio, non-voting member, may also be
appointed to the audit committee to aid in the collective knowledge of the audit
committee; an individual must have sufficient knowledge of audit and finance
to be eligible for appointment to the committee as an ex-officio member.
(b) The city council shall communicate city council's expectations and feedback to
the city auditor. The duties of the committee with respect to the city auditor are
described below:
(1) To review and provide comments regarding the city auditor's annual work
program, to be formally reviewed and approved by city council each year;
(2) To monitor the city's internal controls through the results of external audits,
and internal audits and other activities of the city auditor;
(3) To monitor audit results and follow-up activities of the city auditor; and
(4) To ensure that audit results include recommendations that serve to improve
or enhance city operations.
(c) The audit committee shall meet as needed to perform its duties.
(1)A majority of the members of the audit committee shall constitute a quorum.
1
(2) The minutes of each meeting are to be prepared and sent to the committee
members and approved at subsequent meetings.
(3) In compliance with the Texas Open Meetings Act, the audit committee will
hold executive sessions with the city auditor and external auditors as deemed
appropriate.
(d) The city auditor shall have direct communication with the council audit
committee and attend all council audit committee meetings.
SECTION 2. The Corpus Christi Code, Chapter 12'/2, Sec. 12'/2- 4. Access to records and
property., is amended by adding the following language that is underlined (added) and
deleting the language that is stricken (deleted) as delineated below:
Sec. 12%-4. - Access to records and property.
In performing its duties, the office of the city auditor shall have access to all
records, information, properties, equipment, and personnel of the city relevant to
a review. Additionally, City officers, employees, and agents shall fully cooperate
with the office of the city auditor and fully disclose all known information. Atl
GffiGeFS pleyeesnig nf�f the mall preyide aGG966 fn A-nrl fi irnish the
0RG161rdi brut—r'ro-t limited—tG)F8GGfd6, beck, acr+ Hntj, -iTrc rn'cmui--vFextia aT
mo nrAni-1WritiRg? and tapes, r V9 inh nnrro Konno file GID-
G+ mni 1teF data, hank aGGG RtS, Few fi�S MGRey, andGt fr inFfnrnmT� n nr
nrnnorty in r0 s y else ss inh r�ffin pley nr ageRIMA" fiilhi
��r- e+ru�t �a��ers, ep��ees, o,--agee�s���
GGnnera with the effi�� e nit siteand m;Lo fi i11 rlicnlnci iro of X11 Lnn1nin
""ePFGPeFtyN
0 0
fnryVhinh they .pro FespeRsihlo
SECTION 3. The Corpus Christi Code, Chapter 12'/2, Sec. 12'/2- 6. Powers and duties.,
is amended by adding the following language that is underlined ( ) and deleting the
language that is stricken (deleted) as delineated below:
Sec. 12%-6. - Powers and duties.
(a) The city auditor shall systematically and continuously examine the works of all
city operations to identify opportunities to reduce costs, increase efficiency,
quality, and effectiveness, or otherwise improve management of city programs
and services.
(b) Scope of work. The city auditor is empowered to conduct performance and
other audit work to determine whether:
(1) Activities and programs being implemented have been authorized by
the council, or some other legal authority, and are being conducted in a
2
manner contemplated to accomplish the objectives intended by the council or
other authorizing authority;
(2) The effectiveness of organizations, programs, activities, functions or
policies, and the extent to which desired results or benefits are being achieved;
(3) The audited entity is acquiring, protecting, and using its resources
(such as personnel, property, and space) economically and efficiently, and the
causes of inefficiencies or uneconomical practices;
(4) The audited entity is in compliance with council or other legally
imposed mandates regarding efficiency, economy, effectiveness, or
expenditure of public funds;
(5) Systems of administrative and accounting control have been
established by management to effectively, economically, and efficiently carry
on the city's operations;
(6) Financial and performance reports are being provided that disclose
fairly, accurately, and fully all information that is required by law or other
established or state criteria that is necessary to ascertain the nature and scope
of programs and activities, and that is necessary to establish a proper basis
for evaluating the results of programs and activities.
(c) Follow-up on audits. The city auditor shall ensure accountability and
implementation of a continuous improvement process by an annual status
report of prior audit recommendations. Accordingly:
(1) The city auditor may conduct follow-up reviews determined necessary by
the city auditor to verify a report or plan from the city manager in response to
an audit recommendation. In doing so, the city auditor shall request a status
report on actions taken by appropriate officials. The City Auditor will conduct
their review post management's target implementation date or 12 months after
the transmittal of an audit report to the council, whichever is sooner. 4t t
civ /G:\ mnnfhc hi it nn Innner then finiehie /17\ mnnfhc offer the troncmOtt;1 of
0 0ittal
en audit �ttthe GG i�ll,th Gita i � rr
- shall Fei ioot a status ror�nrt r)n
{__
at�5t''fah''4`"'en by aP rite--GfF��rs in recnnnce tG thP_ a dit
r.
Fenrnrneni-I.;tinno �`^h h "h "^
(2) The city auditor may request additional periodic status reports, and
conduct follow-up review as needed.
(d) Report of irregularities. If the city auditor detects apparent violation of law, or
apparent instances of misfeasance or nonfeasance by an officer or employee,
or information that indicates derelictions may be reasonably anticipated, the
auditor shall, after consultation with and advice from the city attorney,
immediately report the irregularities to the appropriate authority, including the
city manager. If the irregularity is criminal in nature, the auditor shall also notify
the appropriate chief prosecuting attorney.
(e) Contract auditors, consultants, and experts. Through appropriate procurement
requirements and within the limits of the adopted budget, the auditor may
3
obtain the services of certified or registered public accountants, qualified
management consultants, or other professional experts necessary to perform
the auditor's duties.
(f) The city auditor shall meet with the external auditors to discuss pertinent
matters, review the financial statements, auditors' opinions, and management
letters resulting from the annual financial audit.
SECTION 4. The Corpus Christi Code, Chapter 12'/2, Sec. 12'/2- 8. City auditor vacancy—
Selection process., is amended by adding the following language that is underlined
( ) and deleting the language that is stricken (deleted) as delineated below:
Sec. 12%-8. City auditor vacancy—Selection process.
(a) At such times when a vacancy occurs in the office of the city auditor, the first
principal assistant shall act in the capacity of city auditor pending the
appointment of a new city auditor. Should the first principal assistant position
be vacant, the council audit committee shall appoint an interim city auditor.
(b) An ad hoc nominating committee, consisting of the Council Audit Committee
plus the City Manager, or designee, shall recommend to the City Council
candidates for City Auditor. The neiinnil shall appoint an Ad hnn nnminatinn
GA-MMTtteetE) FeGGmm1tQAP1 GGHRGi11 n�niliil #nr ni i �;�
nnmm�T t �oll
r-An st of five members, innli 1dinn a nhair and iine_nh�ir
selented by majerityyt9te of memherco �eimeetiRg the fnllniRg q alifinAtinnR•
/ I TFee�MAMhASRhAll�MAMhorG�f the pity nniinnil nnminet�
bythe nei innil Al irJit nemmittee
(2) GRe ( I\ m�_b4_QF he :n :t lorne Gity of (`nrni is Ghricti recirlent
t���rrc-�-�-r'T -crrr�c-a-rurn��v�--c�vr�raa--�-rrrzcr-rc�r�cr-rr.
/2\ GRe e er shall he the nit y -iaRager er his nr her Iles irvnee
(c) The ad hoc committee shall hold meetings to consider applicants to serve
as city auditor. The committee shall recommend to the city council three (3)
candidates selected by a majority of the committee members. The city council
may request additional applicants for consideration. The city council shall have
final authority for appointment of the city auditor.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word,
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 6. This ordinance takes effect immediately upon passage on second reading.
4
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
PASSED AND APPROVED on this the day of , 2023.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
5
City of
Corpus Christi
OFFICE OF THE CITY AUDITOR
Recommended Revisions to
City Code Chapter 12 1/2City Auditor
April 18, 2023
Recommended hciRevisions ! = IO Christi
arricE of THE ciry AUDITOR
oiroe
• Adding experience requirements pertaining to Audit
Committee membership qualifications and composition.
• Clarifying regarding auditor access.
• Modifying the frequency of follow-up reporting to provide for a
more effective monitoring process over management's action
plans.
City of
Background _ _ co�USCn�ti OFFICE OF THE CITY AUDITOR
At the April 11 , 2023 Audit Committee Meeting, the Committee
unanimously voted to recommend to City Council revisions to City
Code Chapter 12'/2 City Auditor.
Prior to this, this ordinance was last reviewed and modified June
2014.
City of Corpus Christi and
Port of Corpus Christi
Desalination Collaboration
Update
For Corpus Christi City Council
Corpus
Christi Water-
ApYIL 18, 2023 serving the Coastal Bend
Framework
• March 21, 2023 - Corpus Christi City Council (The City) approves a
Motion "directing the City Manager to Work out a framework on how the
Port of Corpus Christi can assist the City of Corpus Christi in pursuit of
desalination and other Water resources for the long-term growth of the
City of Corpus Christi and the Coastal Bend."
• March 21, 2023 - Port of Corpus Christi (The Port) Commissioners
approve a Memorandum of Understanding (MOU) "to provide a
framework for collaboration between the City and the Port for the
pursuit of drought resistant Water supplies for the long-term growth of
the Coastal Bend. This MOU affirms the City's position as the regional
Water supplier. This MOU Will set forth the expectation for equally
sharing of all costs associated With the development of drought
resistant Water supplies."
CCW'
Inner Harbor Site
Per The Port MOU:
u
Cityof Corpus Christi
se ,e,oesa,�"uP,oe,s,��ea The City, at its sole cost and
expense, may continue to
Fursue all Permits required
or development of the
desalination project in the
inner harbor. Any concerns or
° issues regarding the Permit in
t the inner-harbor site or other
-® z • "� city desalination sites or the
permitting process shall be
, nne,H b seawa,e, communicated amongst both
E w oeaar r Plam sere
parties.
� 7 If the City receives the
�, r�► ,�► required permits for a
desalination plant in the inner
! ® harbor, the Port will work with
■ the Cit to identifyPort
ownedpropertythat could be
•�--.� - - __ — -� - used for the construction of
the plant, including any and
all necessary easements.
CCW'
PCCA Harbor Island Site
Per The Port MOU:
• "The Port, at its sole cost and
expense, may continue to pursue
all Permits required for
development of the desalination
project on Harbor Island.
• If a desalination facility is to be
built on Harbor Island, the City and
the Port will jointly decide the best
option for the design, construction
and operation of the Harbor Island
desalination plant.
• The City will be the sole taker,
IIF distributor, and seller of water from
the desalination plant located at
Harbor Island or any other Port
permitted water sources.
• The City will be the sole
responsible party for committing
any water supply to any new
prospective large water users to
ensure availability of water and
consistency of rates and related
surcharges." CCW
Collaboration Update
• On March 21, 2023, City Council directed City Manager to work
directly with PCCA CEO to discover Ways PCCA can assist CCW in
acquiring seawater desalination (Inner Harbor, La Quinta,
Evangeline, Barney Davis, or Harbor Island).
• To Date, CM and PCCA CEO have met numerous times:
• One on One
• Site visits to the Harbor Island location
• Phone Conversations
• Upcoming site visits with Councilmembers and Port Commissioners:
• Inner Harbor - April 21, April 28, or May 5
• Barney Davis - TBD
CCWW'
Collaborative Actions
• Verbal agreement between CM and PCCA CEO:
• "If the Harbor Island location doesn't Work, the Port Will assist With
Inner Harbor, etc..."
• CM recommended an engineering firm to PCCA CEO for
further study of Harbor Island.
• End goal of finding the most cost-effective site for the
ratepayer.
CCW
Thank you !
Corpus
ChristiWater-
Serving the Coastal Bend
.¢yUs cry,
O
r
U
NORPti PAt Ea
1852 AGENDA MEMORANDUM
Action Item for the City Council Meeting of April 18, 2023
DATE: April 18, 2023
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
6effreyea-cctexas.com
(361) 826-3851
Ernest De La Garza, P.E., Director of Public Works
edelag arzaa-cctexas.com
(361) 826-1877
Josh Chronley, CTCD, Assistant Director of Finance & Procurement
9oshc2a-cctexas.com
(361) 826-3169
Professional Services Contract
North Beach Drainage Improvements
CAPTION:
Motion authorizing a professional services contract with Lockwood, Andrews & Newman, Inc. in
an amount not to exceed $720,760.00 to provide design, bid, and construction phase services
for Phase 1 of a linear park canal and drainage improvements from the North Beach Eco Park
to Surfside Park located in Council District 1, with FY 2023 funding available from the American
Rescue Plan Grant Funds.
SUMMARY:
This motion awards a professional services contract for the design, permitting, bid documents
and construction phase services for the Linear Park Canal to relieve ongoing drainage issues on
North Beach.
BACKGROUND AND PURPOSE:
North Beach has been a tourist destination for over 100 years. Located on the northern peninsula
of Corpus Christi, North Beach provides public access to beaches, boat launches, shopping
stores, restaurants, and tourist attractions such as the Texas State Aquarium and USS Lexington.
However, North Beach experiences frequent flooding from a variety of sources to include tidal
rises, rainfall, and drainage backflow. This flooding has a negative impact on the area's roadways
and potential for economic development.
On October 25, 2022, City Council approved the North Beach Strategic Development Plan (SDP),
completed by MIG Consulting, LLC which included the recommendation to move forward with the
Linear Park Improvements (Option 2). The SDP recommended several measures to alleviate
short and long-term flooding, including a coastal barrier (dune) system, elevating key access
routes, upgrading storm water conveyance with a linear park canal, and installation of backflow
prevention in the low-lying areas. The improvements will be implemented over time in a phased
approach.
The professional services agreement is for the first phase of the project from Surfside Park to Eco
Park. The scope of will include open channel improvements, roadside ditch improvements, and a
new outfall near Timon Marsh, connecting to the future Eco Park. The project may also require
two, two-lane single span low profile bridges over the canal, one at Gulfspray Avenue and another
one at Beach Avenue. The bridges will be designed as a separate project. The project has overall
funding of $14 million for design and construction of which $5 million is funded through the
American Rescue Plan grant funds, $2.5 million is funded through Bond 2018; $4.5 million is
funded through Bond 2020 and Bond 2022; and $2 million is funded from the General Fund.
PROJECT TIMELINE:
2023-2024 2024 2024-2025
May - April May -August September - October
Des ign Bid/Award Construction
Projected schedule reflects City Council award of professional services in May 2023 with
anticipated completion by October 2025.
COMPETITIVE SOLICITATION PROCESS:
Lockwood, Andrews & Newman, Inc. was selected in June of 2022 under RFQ 3977-Professional
Engineering Services for North Beach Drainage Improvements project, which was one of two
projects announced under the Stormwater CIP 2022 Projects category of the RFQ. Five firms
submitted qualifications for the North Beach Drainage Improvements project.
The selection committee was comprised of representatives from the Public Works and
Engineering Services Department. The final evaluation ranked Lockwood, Andrews & Newman,
Inc. as the highest ranked firm based on four factors: 1) "Experience on projects of similar scope
and complexity", 2) "Team members experience with work of similar scope and complexity", 3)
"Demonstrated understanding of the scope of services", and 4) "Demonstrated experience
providing these services".
Lockwood, Andrews & Newman, Inc. has worked on several City projects. Some of the projects
include North Beach Navigable Canal preliminary design, Major Ditch Improvements, Navigation
and Kostoryz Value Engineering Studies, Stormwater Drainage Channel Improvements, and
Greenwood WWTP System Improvements.
ALTERNATIVES:
Council could elect not to award the contract to Lockwood,Andrews & Newman, Inc. Not awarding
the contract for professional services will delay flood relief to the properties adjacent to the North
Beach area and increasing the potential for long-term flooding damage.
FISCAL IMPACT:
The fiscal impact to FY 2023 is an amount not to exceed $720,760.00 with funding available
from the American Rescue Plan Grant Funds. The project budget totals $7,000,000. The award
of this contract will leave a remaining balance of$6,279,240.
FUNDING DETAIL:
Fund: American Rescue Plan Grant (Fund 1076)
Department: Infrastructure (17)
Org: Grants and Capital Projects (89)
Account: Design (550950)
Activity: 421007-F-1076-EXP
Amount $720,760.00
RECOMMENDATION:
Staff recommends approval of the professional services contract with Lockwood, Andrews &
Newman, Inc. in an amount not to exceed $720,760.00 to provide design, bid, and construction
phase services for the North Beach Drainage Improvements. The design will begin in May 2023
with estimated design completion by April 2024.
LIST OF SUPPORTING DOCUMENTS:
Location & Vicinity Maps
Evaluation Matrix
Proposal
Presentation
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NOT TO SCALE PROJECT NUMBER: 22-14-21.
NORTH BEACH CITY COUNCIL EXHIBIT
DRAINAGE IMPROVEMENTS CITY OF CORPUS CHRISTI,TEXAS
DEPARTMENT OF ENGINEERING SERVICES ��!`
RFQ No.3977 Professional Engineering Services for Capital Improvement Projects FY2022
North Beach Drainage Improvements
Proposal Evaluation Score Freese and Nichols International KCI Technologies Lockwood AndrewsMende: E
Consulting Engineers and Newnam
Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass
Licensing/Certification
No Material Lawsuits Past 5 Years 71
" "7711
No Material Regulatory Issues Past 5 Years "" "......"""......""" """
References Provided for Firm
Technical Proposal 80 58 43 49 62 29
Experience on projects of similar scope and complexity 7 5 2 4 7 2
Demonstrated capability&capacity on comparable projects 7 5 4 4 5 2
Past Performance 7 5 5 5 5 2
Team members with experience and qualifications 7 5 4 4 5 4
Team members experience with work of similar scope and complexity 7 5 4 4 7 2
Availability of resources to accomplish the work 7 5 4 4 5 2
Demonstrated understanding ofthe scope of services 19 14 10 10 14 5
Demonstrated understanding and experience with a public agency 19 14 10 14 14 10
Interview 20 13 0 0 17 0
Demonstrated Experience providing these Services 5 3 0 0 5 0
Team members with experience and qualifications 5 3 0 0 4 0
Demonstrated understanding of scope ofservices 3 2 0 0 2 0
Knowledge of Similar Services 3 2 0 0 2 0
Capability to perform work 4 3 0 0 4 0
Total 100 71 1 43 49 79 29
Lockwood, Andrews
Lan & Newnam, Inc.
.1 I. F0 A DALY CC)MFANY
March 16, 2023
Mr.Jeffrey Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
PO BOX 9277
Corpus Christi,Texas 78469-9277
Re: Proposal for Professional Engineering Services—North Beach Drainage Improvements
On June 24th, 2022, Lockwood, Andrews & Newnam, Inc. (LAN) received notification of selection for Project 22142 — North
Beach Drainage Improvements. We are pleased to submit this cost proposal to provide preliminary, design, bid, and
construction services related to the North Beach Drainage Improvements (Project#22142). LAN will complete this work in
accordance with City of Corpus Christi policies,guidelines, requirements, and specifications.
We propose to complete these services on a lump sum basis for a total amount not-to-exceed $720,760.00. We propose to
be complete with the preliminary engineering services in 5 months from Notice to Proceed and design of the improvements
in an additional 6 months after our proposed Engineering Letter Report is approved (Total of 11 months to IFB).
Please feel free to contact me at 361-792-7225 or by email at smharris@Ian-inc.com if you have any additional questions.
Sincerely,
Scott Harris, E
Regional Manager
--- - -------- ---------- - -
Attachments: Exhibit A-Scope of Services
Exhibit B—Summary of Fees
Exhibit C—Man-Hour Breakdown
Exhibit D—Schedule
Exhibit E—Budget Worksheet
Cc: Ratna Pottumuthu,Assistant Director
Bryan Carter, Project Manager
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
North Beach Drainage Improvements(Project#22142)
Exhibit A-Scope of Services
1. Background
In December 2019,the City of Corpus Christi City Council passed an ordinance(#031970) authorizing a$41 Million
dollar project on North Beach in Corpus Christi,Texas to design and construct a navigable canal. In December 2020,
LAN completed a drainage analysis of this project which advanced the concepts previously developed by the City
and finalized the canal's scope and project limits. The ultimate objective was to investigate the project for its
intended use of being navigable and a improve drainage for the North Beach area.
On January 26th, 2021, LAN briefed City Council on the results of the drainage analysis, and it was concluded that
three options would be further investigated for cost. On February 4th, 2021, LAN met with the city staff to discuss
three options that LAN would provide cost estimates for and receive direction from staff on how to proceed. The
following options were approved:
• Option 1—Stormwater Conveyance& Ditch Improvements
• Option 2—Natural Channel/Linear Park Improvements
• Option 3—Navigable Canal (2 Alternatives)
o Alternative A—Canal Exit to Rincon
o Alternative B—Canal Exit through Beach
In June 2021, LAN completed the cost estimates for the options above including conceptual layouts and GIS-based
utilities research. Each Option included drainage,street, pedestrian, parks,and utility improvements.Additionally,
each option included earthwork(cut and fill) required to raise elevations enough to improve drainage. It was noted
that all options were conceptual and required detailed design and more investigation if the client wanted to consider
them for future development.
On October 25, 2022,City Council approved the North Beach Strategic Development Plan (SDP), completed by MIG
Consulting, LLC which included the recommendation to move forward with the Linear Park Improvements(Option
2). The SDP recommended several measures to alleviate short and long-term flooding, including a coastal barrier
(dune) system, elevating key access routes, upgrading storm water conveyance with a linear park canal, and
installation of backflow prevention low-lying areas. It is intended that the measures be implemented over time as
the area develops.
2. Description of Prosect#22142:
North Beach Drainage Improvements Project(Project#22142)focuses on long-term development and construction
of drainage infrastructure to relieve ongoing flooding due to tidal influences,backflow,groundwater seepage,and
rainfall at the North Beach area of Corpus Christi.
This project will align with the recommendations made in the Strategic Development Plan and begin to implement
storm water conveyance improvements at the north end of North Beach including the proposed canal as part of the
future linear park between Surfside Boulevard and Timon Boulevard. This project will include open channel
improvements, roadside ditch improvements,and a new outfall near Timon Marsh.
It will also require two,two-lane single span low profile city street bridges,one at Gulfspray Avenue and one at Beach
Avenue,which will span the canal. Bridge approaches are anticipated to be less that 10-feet high and constructed
with reinforced earthen embankments. The bridges and approaches will be subject to vehicular traffic and
coordinated with Bond 2022 Street Improvement projects on Gulfspray and Beach Avenues.
It is understood that this particular drainage project will be the first phase of long-term improvements and therefore
must support future expansion to the drainage systems, expansion of the linear park to the south, connection to a
future Eco-Park,and future street improvements (raising of elevations).
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan & Newnam, Inc.
.1 I. F0 A DALY CC)MFANY
3. Prosect Goals&Objectives
The design and construction of drainage improvements on North Beach will require a phased holistic approach. The
following are the goals and objectives for this project:
• LAN will collaborate with City staff,community leaders, stakeholders,and partners MIG Consulting LLC on
long-term needs and solutions and design improvements that support long-term growth and economic
development for North Beach.
• To the best of our ability and keeping in mind the City's long-term vision, LAN will utilize past
recommendations and previous studies to develop proposed improvements.
• LAN will design improvements that have the most benefit within the CIP budget; the largest benefit/cost
ratio as possible.
• LAN will design improvements that improve the health and safety of the North Beach community.
• Knowing that it is highly likely that this one project will not answer all drainage concerns on North Beach,
LAN will collaborate with City staff, community leaders, and stakeholders to determine the best locations
for the proposed improvements.
4. Projects Area and Area of Influence
North Beach is located on the far north end of the City,adjacent to the Downtown and SEA District areas. The area
of influence for this project is generally bounded by the US-181(TXDOT) Right-of-way on the west,the Rincon Barge
Canal on the north, Corpus Christi Bay on the east, and the Corpus Christi Ship Channel on the south. The specific
project area for this first phase of drainage improvements will be concentrated on the north end of North Beach,
generally north of the Kiwanis and Surfside Parks locations.See Attachment 1- Project Area Exhibit.
5. Basic Services:
Lockwood, Andrews & Newnam, Inc. (LAN) will provide the following Basic Services: preliminary, detailed design
(60%),final design (90%and 100%),bid,and construction phase services for this project. LAN will partner with MIG
Consulting, LLC to ensure long-term needs and solutions are met and to assist with the proposed design
improvements at North Beach.
Task 1—Preliminary Engineering Services
Preliminary Engineering services will include the following tasks:
1. Kick-off Meeting — Attend one (1) virtual meeting with City staff to discuss the following: the project goals,
objectives, scope, and schedule; discuss expectations of completed project and desired drainage criteria, and
any ongoing developments that may influence design of proposed drainage improvements.
2. Site Visit — LAN will complete one (1) site visit to the project area to assess the terrain and conditions and
determine constraints and limitations for consideration during design and construction.
3. Coordination with Surveyor—LAN will coordinate the services of a third-party surveyor to complete the scope
of work detailed in Additional Services. LAN will receive the surveyor's data,interpret results,perform a quality
control review of this data,and incorporate the data into the 30%construction plans.
4. Coordination with Geotechnical Engineer - LAN will coordinate the services of a third-party geotechnical
engineer to complete the scope of work detailed in Additional Services. LAN will develop a boring plan/location
map for the engineer showing locations for recommended soil borings, receive the engineers report, interpret
results, perform a quality control review of this report, and incorporate the information from the report into
the design and project manual. LAN will also prepare a scope of work for field exploration, laboratory and
materials testing for the geotechnical engineer.
5. Utility Identification & Conflict Resolution — LAN will complete an 811 ticket and research City and Third-Party
records and databases for the identification of utilities that may be within the project area. Once identified,
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
LAN will develop a utilities matrix and existing utility layouts. This task will include up to three (3)
teleconferences or phone conversations with third-party utilities.
6. Coordination with Subsurface Utility Engineer- Following identification of utilities, LAN will develop a scope of
work for Subsurface Utility Engineering (SUE) to be completed as an Additional Service. Under this task, LAN
will continue coordination with the SUE firm to ensure all utilities in the project area are located. It Is assumed
that the City of Corpus Christi will contract with a SUE firm that they already have a Master Services
Agreement with.
7. Existing Drainage Analysis—LAN will complete a Hydrological&Hydraulics(H&H)drainage analysis of the project
area of influence (approximately 160 acres). Since the project site is less than 200-acres, LAN proposes to
complete this analysis using a simple Rational Method to determine the runoff volumes. LAN will base this
analysis on future land use/developed conditions.
8. Proposed Conditions Hydraulic Analysis — LAN will complete a proposed conditions hydraulic analysis for the
linear canal and proposed stormwater conveyance improvements. LAN will utilize City's Storm Water Master
Plan Drainage Criteria Manual for sizing proposed drainage features and determining water surface elevations.
9. Drainage Area Maps- LAN will develop proposed drainage area maps and calculate the water surface elevation
for the City's desired storm period and criteria with recommendations for general information for roadside
ditches,cross culverts,and roadway elevations.
10. Linear Park Canal Design (30%) — LAN will improve upon the results of the proposed hydraulic analysis and
complete preliminary design calculations(size,shape,slope,alignment)for the open channel/linear park canal
including 30%plans,cross sections,and crossings at Gulfspray and Beach Avenues.
a. In this task, LAN will partner with MIG Consulting LLC (MIG) and Gignac Landscape Architecture
(GLA)to develop a conceptual layout of the proposed linear park and greenspace between Surfside
and Timon Boulevards.
b. The intent of this conceptual layout is to provide the City of Corpus Christi a tool to discuss future
linear park development that is consistent with the proposed drainage improvements and the
Strategic Development Plan. It is not intended to advance the park design elements past this stage.
11. Drainage Improvements Design (30%)—LAN will complete preliminary design of the underground storm water
conveyance systems, roadside ditches and cross culvert improvements in the project area including 30% plans
and cross sections. This task also includes developing a typical section for future improvements to Gulfspray
and Beach Avenue.
12. Opinion of Probable Project Costs — LAN will develop a Class 3 level opinion of probable project costs for the
proposed project improvements.
13. Engineering Letter Report(ELR)—LAN will develop a draft engineering letter report that summarizes the existing
conditions, confirms design criteria, and details the proposed drainage improvements to be completed under
this project. Layouts of the proposed improvements (30% design) will be included as an attachment to this
report. In addition,the report will include recommendations for future street improvements,utility relocations,
opinions of probable costs and recommendations for future connections and phasing in support of the Strategic
Development Plan. Sections of the ELR may include:
a. Executive Summary
b. Introduction/Project Background
c. Existing Conditions
i. Right-of-Way/Land-Use
ii. Topography
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
iii. Summary of Existing Conditions Drainage Analysis
iv. Existing Utilities
d. Design Criteria
i. Area Plans& Land-Uses
ii. Infrastructure Design Manual (IDM)
iii. Drainage Criteria
iv. Utility Master Plans
e. Proposed Drainage Improvements
i. Summary of North Beach Drainage(Studies& Plans)
ii. Elements of Design
1. Proposed Canal
2. Typical Cross Section
3. Storm Water Conveyance (Pipe& Ditches)
iii. Constraints& Limitations for Proposed Improvements
iv. Future Connections, Expansion of Drainage System,and Phasing
f. Recommendations for Street Improvements
g. Recommendations for Utility Relocations
h. Recommendations for Future Park Improvements
i. Environmental and Regulatory Considerations/Storm Water Pollution Prevention
j. Conceptual Level Opinion of Probable Construction Costs
14. Review Meeting and Final ELR—LAN will participate in one(1)30%review meeting with City staff to deliver the
results of the engineering letter report, 30% plans, and review comments from staff. LAN will incorporate City
comments into a final/sign&sealed Engineering Letter Report.
15. Presentation to Council — LAN will complete one (1) presentation to Council to deliver the results of the
preliminary engineering effort.
Task 2—Detailed Design(60%)
LAN will translate engineering designs completed in the preliminary stage into detailed construction documents,
including the advancement of 30%plans to 60%level. Disciplines involved include Site Civil, Drainage, and SWPPP.
Tasks include:
1. Technical Drawings -A draft submission will be made at the 60% design stage for client review and comment.
All comments received will be tracked and addressed by the design team and necessary revisions will be
included in the Contract Documents. The anticipated drawing list includes the following:
o Title Sheet/Index
o Legends&Symbols
o General Notes/Summary of Quantities
o Overall Site Plan
o Topographic/Boundary/Location Survey
o SWPPP
o Existing Utility Maps
o Drainage Area Maps
o Linear Canal Plan & Profile
o Linear Canal Sections
o Storm Water Plans& Profiles
o Storm Water Details
o Proposed Street Cross Sections
2. Technical Specifications- LAN will prepare a list of technical specifications, using City of Corpus Christi standard
format, that define the project standards for materials, workmanship, and testing for client review and
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
comment. All comments received will be tracked and addressed by the design team and necessary revisions
will be included in the Contract Documents.
3. Opinion of Probable Project Costs — LAN will develop a Class 2 level opinion of probable project costs for the
proposed project improvements.
4. Project Executive Summary — LAN will develop a draft construction project executive summary in accordance
with City of Corpus Christi guidelines and specifications.
5. Client Review Meeting - LAN will participate in one (1) review meeting with the client for the purposes of
reviewing the 60%project deliverables and receive comments from the client.
Task 3—Final Design(90%)
LAN will advance detailed construction documents developed at 60%to the 90% level. Disciplines involved include
Site Civil, Drainage,Structural,and SWPPP. Tasks include:
1. Technical Drawings -A draft submission will be made at the 90%design stage for client review and comment.
All comments received will be tracked and addressed by the design team and necessary revisions will be
included in the Contract Documents. In addition to the drawings delivered in the 60%submittal,the following
will be included:
o Gulfspray and Beach Avenue Bridge Crossings
o Structural Details
o Utility Relocation Plans
2. Technical Specifications - LAN will prepare draft technical specifications, using City of Corpus Christi standard
format, that define the project standards for materials, workmanship, and testing for client review and
comment. All comments received will be tracked and addressed by the design team and necessary revisions
will be included in the Contract Documents.
3. Contract Documents—LAN will prepare City standard front-end documents(in Track Changes format) including
Bid Form, Agreement, Supplementary Conditions, Summary of Work, Alternates, Measurement & Payment,
Submittal Register,Temporary Facilities,and Temporary Controls, using City of Corpus Christi standard format.
All comments received will be tracked and addressed by the design team and necessary revisions will be
included in the Contract Documents.
4. Opinion of Probable Project Costs — LAN will develop a Class 1 level opinion of probable project costs for the
proposed project improvements.
5. Project Executive Summary — LAN will develop a final construction project executive summary in accordance
with City of Corpus Christi guidelines and specifications.
6. Client Review Meeting - LAN will participate in one (1) review meeting with the client for the purposes of
reviewing the 90%project deliverables and receive comments from the client.
Task 4—Final Design(Pre-ATA,100%)
LAN will finalize construction documents developed at 90%, address comments, and deliver a final unsealed set to
the client.Tasks include:
1. Technical Drawings-A final submission will be made at the 100%design stage for client review and comment.
All comments received will be tracked and addressed by the design team and necessary revisions will be
included in the Contract Documents.
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
2. Technical Specifications - LAN will prepare final technical specifications, using City of Corpus Christi standard
format, that define the project standards for materials, workmanship, and testing for client review and
comment. All comments received will be tracked and addressed by the design team and necessary revisions
will be included in the Contract Documents.
3. Contract Documents — LAN will prepare final City standard front-end documents (in Track Change format)
including Bid Form, Agreement, Supplementary Conditions, Summary of Work, Alternates, Measurement &
Payment,Submittal Register,Temporary Facilities,and Temporary Controls,using City of Corpus Christi standard
format. All comments received will be tracked and addressed by the design team and necessary revisions will
be included in the Contract Documents.
4. Opinion of Probable Project Costs— LAN will finalize the Class 1 level opinion of probable project costs for the
proposed project improvements.
5. Client Review Meeting - LAN will participate in one (1) review meeting with the client for the purposes of
reviewing the 100%project deliverables and receive comments from the client.
6. Issued for Bid Documents—LAN will incorporate all client review comments and prepare final, signed &sealed
issued for bid(IFB)documents in accordance with City standards including Project Manual(Contract Documents,
Standard Specifications,Technical Specifications), Project Drawings, Bid Form, Executive Summary, OPCC, and
CIVCAST form.
Task 5—Bid Phase Services
LAN will assist the client with limited bid and procurement phase services.Tasks include:
1. Pre-Bid Meeting - LAN will attend one (1) Pre-Bid meeting with the client to present the project to potential
qualified contractors.
2. Respond to Requests for Information (RFI's) - LAN will monitor CIVCAST during the City's standard two-week
question and answer period and respond to routine questions as necessary via email to the City Project
Manager. Answers to RFI's are intended to clarify plans, specifications, or design criteria and not make
significant changes to the design of the project.
3. Contract Addenda-Significant revisions to the plans or specifications during procurement will be issued through
addenda prior to submittal of proposals. LAN will prepare one(1)contract addenda, if required.
Task 6—Construction Phase Services
LAN will assist the client with limited construction phase services.We assume the duration of construction for North
Beach Drainage Improvements is approximately 56 weeks or approximately 14 months. A more detailed timeframe
for construction will be developed following the 30%design. Tasks include:
1. Conformed Construction Documents - LAN will prepare one (1) set of conformed construction documents for
the client prior to start of construction.
2. Pre-Construction Meeting-Once a qualified contractor is selected and under contract with the client, LAN will
participate in one (1) pre-construction meeting with the selected contractor to review the project,
specifications,and requirements during construction.
3. Respond to Contractor Requests for Information - During the course of construction (14 months), LAN will
respond to contractor requests for information. LAN assumes a total of ten(10)formal requests for information
(RFI)as part of this task. LAN considers a "formal" RFI as one that takes more than one working day to provide
an answer.
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
4. Review and Approve Submittals- LAN will review and approve contractor submittals as required in the contract
bid documents. LAN assumes up to a total of fifteen (15)contractor submittals as part of this task. Any park or
landscaping submittals will be reviewed by MIG or GLA,as appropriate.
5. Limited Construction Observations-LAN will provide limited construction observations of the project,necessary
to answer RFI's. We assume one-hour(1) per week for a duration of fifty-six (56) weeks. This scope of work
does not include a Resident Project Representative(RPR)or full-time construction inspector on the project.
6. Substantial & Final Completion Inspections - LAN will complete one (1) substantial completion inspection with
the contractor and client and develop a punch list of items for the contractor to address priorto final completion.
Once punch list is complete, LAN will perform one (1)final inspection of the project.
7. Prepare Record Drawings - LAN will prepare one (1) set (hardcopy and PDF) of record drawings for the client
using the contractor mark-ups/redlines during construction. No additional survey or data collection will be
performed as part of this task.
6. Additional Services
The following additional services will be necessary to support the development and completion of the Basic Services
above:
Task 1—Topographic and Boundary Surveys
As part of LAN's study in 2020, we collected survey data using LIDAR technology. For this project, more detailed
data will be collected for the purposes of designing drainage improvements.
A topographic survey will be conducted on a 200-foot grid and major grade breaks in the project area. Additional
survey data will be collected on the following:
o Existing Roads—Crown& Edge of Pavement, Ditch (100 ft Cross-Section Intervals)
o Existing Ditches—50 ft Cross-Section Intervals
o Drainage Features&Culverts with Inverts
o Topographic Survey 200 ft Grid
o Existing Above Ground Improvements
o ROW Boundaries for City Roads(Information Provided By Client)
o Existing Utilities Above Ground
o Manholes&Cleanouts—Inverts on All Pipes
The horizontal datum for this survey will be State Plane Coordinate System (NAD 83,Texas South Zone).The vertical
datum will be NAVD 88 in US Feet.
Note: This additional service will be performed on a lump sum basis, necessary for the completion of the preliminary
phase engineering.
Task 2—Geotechnical Investigation&Engineering
As part of LAN's study in 2020, Tolunay-Wong Engineers, Inc. collected soils data at four locations for the purposes
of assessing groundwater and structural requirements for a proposed concrete bulkhead. For this project,additional
soils borings will be completed for determining conditions along the proposed linear canal, at the street crossings
and outfall location. Specific tasks will include:
1. Field Program — Explore the subsurface conditions at the site by performing five (5) test borings strategically
located along the route of the canal. The proposed test boring locations are presented on the attached TWE
Preliminary Boring Location Plan. A summary of the proposed test borings is presented in the table below:
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.1 I. FO A DALY CC)MFANY
Boring [Aviation 'fest Boring Nos. Proposed Boring Depths(ft.)'
Proposed C unul Pro 11Ic B-I and B is
Proposed Bridge Structures B-3 and 13-4 100
E'101)wcd Outfall SIiLLMI-c 75
Note:i 1)Dmh of borings ecfcrcn cd to existing Lradc Lit the booing locations.
Table 1—Proposed Geotechnical Borings
Geotechnical drilling and sampling will be performed in accordance with ASTM International standards. Samples
will be obtained at 2.5-ft depth intervals to a depth of 10-ft,at the 13-ft to 15-ft depth interval,and at 5-ft depth
intervals thereafter until the boring completion depths are reached.
2. Laboratory Testing - Selected samples from the test borings will be used for geotechnical laboratory testing.
The geotechnical laboratory testing program will include properties such as moisture content, unit weight,
various types of compressive strength, Atterberg Limits, and grain size distribution. One-dimensional
consolidation tests will also be completed to characterize the compressibility characteristics of cohesive soils in
the site soil profile(s)for consolidation settlement analyses of the bridge approach embankments.
3. Engineering Analysis / Report Preparation — Engineering analysis will be conducted utilizing the information
collected during our field program and laboratory testing services. Analyses will include preliminary canal slope
stability and analysis of foundation systems for support of the bridges and approach embankments as well as
outfall structure. We will also provide earthwork discussions for the project. The geotechnical engineer will
present the results and findings in a written report to be included as an appendix to the preliminary phase
engineering letter report.
Note: This additional service will be performed on a lump sum basis, necessary for the completion of the
preliminary phase engineering.
Task 3—Environmental&Permitting
As part of our scope of work from 2020, LAN led initial coordination efforts with the United States Army Corps of
Engineers(USACE)to discuss potential regulatory requirements for the proposed project. BIO-WEST,Inc.(BIO-WEST)
completed desktop assessments to determine potential impacts to Waters of the United States(WOTUS),wetlands,
threatened and endangered species,and cultural resources, located in or near the project area.
Based on previous project experiences with the USACE,an Individual Permit would like to be required under Section
404 of the Clean Water Act (CWA). This permit may take between 18 and 23 months to obtain and would require
public and interagency input and coordination. Our initial assessments documented minimal impacts to wetlands,
endangered species, or cultural resources; however,the permitting process will determine if further requirements
are needed to mitigate impacts.
This task provides for LAN and Compass Environmental Solutions, LLC(formally BIO-WEST)to continue coordination
with the USACE and develop a permit application for this project. Permitting assistance will also include any
compensatory mitigation modeling and scoring required for potential impacts, agency coordination regarding
threatened and endangered species and cultural resources,additional resource specific surveys(i.e.,marine cultural
resources, shorebirds, etc.), document preparation, indirect/direct/cumulative impact assessments, and water
quality evaluations under Sections 401 and 402 of the CWA.
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Lockwood, Andrews
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A LFO 1 DALY COMPANY
1. Initial USACE Coordination —COMPASS will coordinate one in-person, pre-application meeting with LAN and
the USACE Galveston District,Corpus Christi Field Office during either a Joint Evaluation Meeting(JEM)with the
entire Interagency Review Team (IRT)in Galveston,Texas or a pre-application meeting with USACE personnel in
the Corpus Christi Field Office to kick-off the project, solicit initial feedback, and navigate potential permitting
approvals. COMPASS will provide all necessary paperwork, maps,and exhibits to assist in USACE understanding
the project's goals and objectives.COMPASS will also coordinate up to three teleconference meetings internally
for this project between COMPASS,LAN,and the end client to ask questions,solicit feedback,and receive project
information and updates for the necessary USACE permits.
Note: This additional service will be performed on a lump sum basis, necessary for the completion of the
preliminary phase engineering.
2. Waters of the US Delineations—COMPASS proposes to evaluate the project site for the presence of potential
jurisdictional waters of the U.S., including wetlands, and other special aquatic life (oyster reefs, seagrass beds,
tidal flats,etc.)as defined in Section 404 of the CWA and Section 10 of the RHA.
For terrestrial and tidally influenced areas,our evaluation will be designed to identify the presence or
absence of potentially jurisdictional waters of the U.S. within the project site, document site conditions, and
where possible, provide guidance for avoidance of jurisdictional waters. Our methods will include:
• Review of recent aerial photography and U.S. Geological Survey (USGS) 7.5-minute Topographic
Quadrangle maps of the property to evaluate the potential for waters of the U.S.
• Review of Natural Resources Conservation Service(NRCS)soil survey maps and hydric soils lists
• Field reconnaissance of the property for identification of wetlands and other water bodies
• Use of a Trimble° Global Positioning System (GPS) device with sub-meter accuracy to mark each
sampling location and the extent of any waters of the U.S., including wetland, within the proposed
property boundaries per USACE Galveston District standards
The delineations will identify and document the presence of waters of the U.S.within their respective areas and
include a delineation of these resources as specified in the 1987 Corps of Engineers Wetlands Delineation
Manual (Manual),the 2010 Regional Supplement to the USACE Wetland Delineation Manual:Atlantic and Gulf
Coast Region — Version 2.0 (Supplement), Regulatory Guidance Letter 05-05 — Ordinary High Water Mark
(OHWM) Identification,and other applicable industry guidance and standards.
Note: This additional service will be performed on a lump sum basis, necessary for the completion of the
preliminary phase engineering.
3. Threatened and Endangered Species Assessment— COMPASS will assess the project area with regard to T&E
species and their potential habitat. COMPASS will provide effects determinations for both state and federally
listed species based on background research, including but not limited to,the USFWS Information for Planning
and Conservation (IPaC) tool, USFWS Environmental Conservation Online System (ECOS) mapper, and TPWD
Natural Diversity Database (NDD). COMPASS will also assess the and provide recommendations with regard to
the Bald and Golden Eagle Protection Act (BGEPA), the Migratory Bird Treaty Act (MBTA), and Magnuson-
Stevens Fishery Conservation and Management Act for Essential Fish Habitat (EFH) during proposed
construction activities. Representative photographs will be taken to document existing T&E habitats within the
project area. Following on-site investigations 3,COMPASS will draft our findings as an addendum to the USACE
permit application referenced below in Task 4.
Based on COMPASS's extensive experienced in Corpus Christi Bay,existing relationships with regional
TPWD, USFWS, and National Oceanic and Atmospheric Administration (NOAA) staff, and past experience with
similar projects in the region, it is our opinion that the current project site has an extremely low probability of
affected federally or state-listed threatened or endangered species. COMPASS proposes informal, verbal
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
coordination with USFWS, TPWD, and NOAA only if required based on the results of field surveys or by the
USACE during permitting.
If formal consultations,a Biological Assessment(BA),and/or Biological Opinion (BO)are required from
the USFWS or NOAA,COMPASS will provide this scope under a separate proposal and cost estimate.
Note: This additional service will be performed on a lump sum basis, necessary for the completion of the
preliminary phase engineering.
4. Cultural Resource Surveys — For terrestrial components of the project, COMPASS will subcontract with a
qualified archeological firm to complete pedestrian archeological surveys. COMPASS assumes that this project
will take require a Texas Antiquities Permit(TAP)will be required prior to fieldwork mobilization. Once the TAP
number is received from the THC,the survey will consist of pedestrian(visual)survey and shovel test excavation
and will be designed to identify landforms and other areas within the Area of Potential Effect(APE)that have a
higher probability to contain buried and previously unidentified archaeological deposits. Background research
will be used to guide fieldwork efforts, and archives will be updated to obtain current site files information. In
addition, with the aid of historical aerial imagery and period maps, land use history and development of the
property will be used to identify areas likely to have been disturbed by prior construction, channelization, or
land alteration.
Intensive pedestrian archaeological survey will be restricted to those areas that appear to have retained a high
degree of integrity and will include the excavation of shovel tests to a maximum depth of three feet. Shovel
testing will be conducted along a single transects and shovel tests will be excavated every 100 to 200 feet in
areas of higher potential, depending on topography and soil characteristics. The shovel test interval will be
increased within those sections of the APE that exhibit signs of prior disturbance,and photographs will be taken
of the general characteristics of the surrounding landscape to document the survey effort. All newly identified
archaeological sites will be mapped and delineated within the APE. Due to the previously developed nature of
the project site, no deep trenching is proposed as part of this scope.
A report discussing the findings of research and fieldwork, a preliminary assessment of National Register
significance,and recommendations for the project will be prepared for review within three weeks following the
completion of all fieldwork. The report will be composed in accordance with standards set forth by the Texas
Council of Archeologists,developed in consultation with the THC.
Note: This additional service will be performed on a lump sum basis, necessary for the completion of the
preliminary phase engineering.
5. Permitting and Coordination (Allowance) — Based on previous project discussions, the project may either fall
under one of several Nationwide Permits(NWP) including:
• #7 for Outfall Structures and Associated Intake Structures
• #13 for Bank Stabilization,#33 for Temporary Construction,Access,and Dewatering
• #41 for Reshaping Existing Drainage Ditches
• #43 for Stormwater Management Facilities
No matter which NWP is utilized, this permitting strategy is herein referred to as "Strategy A". If project
descriptions should change or be altered in such a way as to meet different permitting requirements,COMPASS
assumes the project as described will be approved under a separate but wholly inclusive Standard Individual
Permit(SIP), herein referred to"Strategy B".
For either permitting strategy, COMPASS proposes to draft a permit application pursuant of USACE guidelines
and Section 404 of the CWA and Section 10 of the RHA for all proposed impacts to potentially jurisdictional
waters of the U.S., including wetlands. Individual cost estimates for each strategy are provided. The following
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
basic scope of work is applicable to both strategies;the major difference in price rests in the level of coordination
with the USACE—Corpus Christi Field Office.
a. USACE Permitting - COMPASS will prepare a permit application for submittal to the USACE. Prior to
preparing the application, COMPASS will coordinate with LAN to obtain all engineering information in
order to create figures depicting proposed layouts and impacts.COMPASS cannot complete the permit
application without this information. Anticipated timelines for the completion of the project are
contingent on project plans and engineering drawings being relayed to COMPASS in a timely manner.
b. Compensatory Mitigation Plan -As part of the standard permitting process, compensatory mitigation
for proposed impacts to jurisdictional waters of the U.S. may be required. COMPASS's professional
experience with similar projects under similar circumstances indicates that compensatory mitigation is
generally requested if impacts to potentially jurisdictional wetlands or waters of the U.S. exceed 0.10
acres. To account for potential mitigation for unavoidable impacts as part of the Section 404 permitting
process, the end client may be required to submit a CMP for all proposed impacts to demonstrate
compliance with the 2008 Compensatory Mitigation for Losses of Aquatic Resources(40 CFR 230).
i. To assist the client, COMPASS will perform ecological modeling on all delineated features
within the project site deemed jurisdictional by the USACE. Currently, the USACE Galveston
District utilizes the interim Hydrogeomorphic Model (iHGM) to model wetlands and the
Interim SWG Stream Condition Assessment Standard Operating Procedure (Galveston iSCA)
to model streams and tributaries. The USACE Galveston District does not currently utilize an
ecological model for impoundments, lakes, or other lacustrine environments. Each model
produces a score used to determine the appropriate number of credits required for
compensatory mitigation by aquatic feature type. For the purposes of this scope and based
on a cursory review of available aerial imagery, COMPASS assumes that only wetland
communities exist on the site and/or will be impacted. No stream ecological modeling is
proposed as part of this effort.
ii. COMPASS will perform one site visit to collect all necessary field data and complete this
assessment.COMPASS will input the required variables into the iHGM model and produce the
requisite functional capacity index (FCI). The FCI will then be multiplied by the individual
wetland acreages to produce functional capacity units (FCUs) for determining mitigation
requirements. COMPASS assumes that each wetland community will require one Wetland
Assessment Area (WAA) observation point to complete the iHGM. COMPASS will provide site
photographs,field notes,and appropriate iHGM Model worksheets to the client as part of the
permit application. In an effort to be cost-conscious, COMPASS will not produce a report for
this item,but will incorporate the results into a final CMP.
iii. Once fieldwork is complete and an appropriate site of mitigation scheme is selected,
COMPASS will draft a CMP for any proposed wetland impacts within the project footprint.The
mitigation plan will specifically adhere to 33 Code of Federal Regulations (CFR) Parts 325 and
332,and 40 CFR Part 230 regarding Compensatory Mitigation(Final Rule issued April 10,2008)
and include an Introduction, Goals and Objectives, Credit Determination, Baseline
Information,Site Selection,Mitigation Work Plan,Site Protection and Maintenance,Ecological
Performance Standards, Monitoring Plan, Long-term Management, Adaptive Management,
Financial Assurances and Reporting,and Figures and Exhibits.
iv. COMPASS will facilitate one field meeting with USACE staff and the project team either at the
project site, in the Corpus Christi metro area, or via tele-conference to discuss the results of
the iHGM assessment, the Compensatory Mitigation Plan, assist with permitting, or provide
guidance on any other project related issues.
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Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
c. Response to Comments and Decision Document/Statement of Findings - As part of the permitting
process,the permit application will be posted on Public Notice by the USACE to solicit comments from
regulatory agencies regarding the proposed project. Once the comment period is over,the USACE will
compile the comments into one document and submit them to LAN for review. COMPASS, acting on
behalf of LAN and the end client,will provide a response to all comments within 30 days of receiving
them from the USACE. Following completion of the response to comments document, COMPASS will
submit a copy to LAN for review and approval. Once all revisions are incorporated, COMPASS will
submit a final version to the USACE for inclusion in the permitting record.
Additionally, the USACE requires a Decision Document/Statement of Findings to finalize any and all
permitting actions. To expedite the permit process, COMPASS process to "ghost-write" the Decision
Document/Statement of Findings for the USACE permit manager and submit a word version for USACE
use in approval the final permit decision.
Note: Item 5, under Task 3 of Additional Services will be performed on a Time & Materials basis, based on the
level of permitting and coordination necessary.
Task 4—State/TXDOT Coordination&Permitting(Allowance)
This task will provide for an allowance to coordinate with TXDOT or other State agencies for review and approval of
this project within their jurisdictions. This project could include drainage improvements at North Beach connecting
to or involving TXDOT infrastructure in the ROW of US 181. For that reason,this allowance will include coordination
and preparation of TXDOT utility installation request and coordination of any traffic control plans necessary for this
project.
Note: This Additional Services Task will be performed on a Time & Materials basis, based on the level of
permitting and coordination necessary with State& Local officials, like TXDOT.
Task 5—Right-of-Way/Property Acquisition Services(Allowance)
This task will provide for an allowance to assist the city's engineering department,right-of-way/real estate specialist
with easement or property acquisition services that may be required for the installation of the proposed drainage
improvements. This would include preparation of exhibits, meetings, coordination, management, appraisal, title
work, negotiations,and preliminary condemnation support(if necessary).
Note: This Additional Services Task will be performed on a Time& Materials basis, based on the level of services
requested by the City of Corpus Christi.
Task 6—Detailed(2D)Hydrology&Hydraulic Modeling(Allowance)
Basic Services includes a drainage assessment and analysis using the Rational Method in accordance with City
standard drainage design criteria. The proposed conditions model completed in 2020 was focused on the proposed
development of a navigable canal with two outfalls to Corpus Christi Bay. The canal associated with the linear park
approved by Council as part of the Strategic Development Plan has not been modeled.
Under this task, if it becomes necessary after completing the Basic services to perform detailed H&H modeling to
better understand the situation at North Beach, LAN will modify the proposed conditions model developed in 2020
to reflect the alignment and cross section of the proposed open channel system and roadside ditch improvements.
This task will only be performed if necessary and after authorization from the Director of Engineering.
Note:This Additional Services Task will be performed on a Lump Sum basis, but only if determined necessary and
approved by Engineering Services,following the drainage analysis performed in the preliminary design.
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
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.1 I. F0 A DALY CC)MFANY
Task 7—Public Meetings(Allowance)
This task will provide for an allowance to assist the City in the completion of public or stakeholder meetings
associated with this project. Public meetings may occur at the 30%stage,design,final design or during construction.
They will require LAN attendance, presentation preparation,and exhibits.
This task also would provide for MIG, LLC to develop design visualizations for the linear park.
These meetings are not intended to duplicate city required meetings or the proposed briefing to Council following
the preliminary phase. LAN assumes up to four(4)public meetings under this task.
Note: This Additional Services Task will be performed on a Time& Materials basis, based on the level of services
requested by the City of Corpus Christi.
Attachments:
1. Project Area Exhibit
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
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Coordinate Drainage Improvements w/
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Coordinate Drainage Improvements w/Beach
Avenue-Bond 2022 Project
.a Lockwood Aodnan
CITY OF CORPUS CHRISTI CITY OF CORPUS CHRISTI .`.�4Nownem hw.y M
NORTH BEACH DRAINAGE IMPROVEMENTS 2D1 LEOPARD sr
CORPUS CHRISTI,TX 78401 Exhibit
Date 11/21/2022
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
North Beach Drainage Improvements(Project#22142)
Exhibit B-Summary of Fees
Basic Services
Task 1—Preliminary Engineering Services $ 185,715.00
Task 2—Detailed Design(60%) $ 96,810.00
Task 3—Final Design(90%) $ 75,030.00
Task 4—Fina l Design(Pre-ATA,100%) $ 27,345.00
Task 5—Bid Phase Services $ 9,280.00
Task 6—Construction Phase Services $ 55,420.00
Total Basic Services $ 449,600.00
Additional Services
Topographic and Boundary Surveys $ 93,400.00
Geotech Investigation&Engineering $ 24,890.00
Enviromental&Permitting $ 80,545.00
State/TXDOT Coord/Permitting(Allowance) $ 9,980.00
ROW/Property Acq(Allowance) $ 8,600.00
Detailed H&H Modeling(Allowance) $ 30,545.00
Public Meetings(Allowance) $ 23,200.00
Total Add Services $ 271,160.00
Total Basic+Add Services $ 720,760.00
Table 2—Summary of Fees
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
North Beach Drainage Improvements(Project#22142)
Exhibit D—Schedule
Task Duration Start End
(Weeks) Week Week
Preliminary Phase
City Notice to Proceed 0 0 0
Both Kickoff Meeting 1 0 1
Engineer Site Visit 1 0 1
Engineer Topographic Survey 8 1 9
Engineer Geotechnical Investigation 8 1 9
Engineer Utilities Investigation 4 1 5
Initial USACE Coord,Wetland,T&E,
Enviro and Cultural Assessments 6 2 8
City Subsurface Utility Engineering 4 5 9
Engineer Existing Drainage Analysis 1 9 10
Engineer Proposed Conditions Analysis 1 10 11
Engineer 30% Design,OPCC,Draft ELR 6 9 15
Enviro Permit Application 4 15 19
City Client Review 3 15 18
Engineer Finalize ELR 2 18 20
Both Presentation to Council 1 20 21
Design Phase
Engineer Detailed Design (60%) 8 20 28
Both Client Review 3 28 31
Engineer Final Design(90%) 4 31 35
Both Client Review 3 35 38
Engineer Final Design(Pre-ATA,100%) 2 38 40
Both Client Review 2 40 42
Engineer Deliver Issued for Bids 1 42 43
Table 9—Proposed Schedule of Key Milestones
Design: LAN will be complete with the preliminary phase engineering in 5 months from Notice to Proceed (NTP)and will
complete design and deliver Issued For Bid (IFB)documents withing 11 months from NTP.
Permitting: Given the potential complexity and location of the project,our team estimates that a Nationwide Permit(N WP)
with the USACE would take approximately 4 to 6 months while and Individual Permit(SIP)for all potential impacts may take
approximately 18 to 24 months.
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Lockwood, Andrews
Lan &Newnam, Inc,
A LFO 1 DALY COMPANY
North Beach Drainage Improvements(Project#22142)
Exhibit E—Budget Worksheet
Expenditures Fiscal Years= 2023 2024 2025 Total
Construction 1,387,500 4,162,500 5,550,000
Preliminary Engineering 300,000 300,000
Detailed Design 100,000 400,000 500,000
Eng/Admin Reimbursables $216,000 $216,000 218,000 650,000
500 N.Shoreline Blvd Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • wvwv.lan-inc.com
Capital Improvement Plan 2023 thru 2025
City of Corpus Christi, Texas
Project# 22142
Project Name North Beach Drianage Improvements
Type Improvement/Additions Department Public Works-Storm Water
Useful Life 25 years Contact Director of Public Works �►f�
Category Storm Drainage Priority 2 Critical-Asset Condition\longevity /
f'
Status Active ea
Description
This project will focus to develop and construct drainage infrastructure to relieve ongoing drainage issues on North Beach.
Justification
Restoration and improvements of storm water systems,channels,and ditches in the North Beach area.Funding for this project will be coming
from American Rescue Plan Act of 2021 and General Fund.
Expenditures Prior Years 2023 2024 2025 Total
Construction/Rehab 5,550,000 5,550,000
Design 800,000 800,000
Eng,Admin Reimbursements 650,000 650,000
Total 7,000,000 7,000,000
Funding Sources Prior Years 2023 2024 2025 Total
General Fund 2,000,000 2,000,000
American Rescue Plan Grant 5,000,000 5,000,000
Total 7,000,000 7,000,000
Budget Impact/Other 71
Fully funding rehab/construction of storm water infrastructure can reduce operational cost by reducing"emergency"responses,property
damage due to flooding and more costly maintenance actions during lifecycle infrastructure.
302
Corpus Chr sti
Engineering
North Beach Drainage Improvements
Council Presentation
April 18, 2023
� r
Emerging Design Guidelines
• Pedestrian connectivity to the beach
• Overall multi-modal connectivity
' Interest and attraction at varying tidal levels
• Accommodation for kayaking and paddle boats
. Areas that could allow future expansion into canal
• Water quality
Prioritization
$4.5M Elevate. In-progress.
$2.5M Elevate.
Joh $5M Elevate and reconstruct.
Limited conveyance
Oimprovements.
$10M Elevate. Major conveyance
improvements, portion of linear
open-space, new south-end
outfall. Backflow prevention.
$5M Elevate. Connect linear
open-space.
$16M Permanent or mobile pump
station locations. Piped
3 conveyance. Coastal barrier
(dunes).
• Not Shown - Future Phases.
Elevation and/or additional
Note:Rough order of magnitude costs pump station locations.
are provided in Aug.2022 dollars.Based
on 2021 Study cost estimate with 15% 3
cost escalation since Feb.2021.
Funding Plan
Available Budget: $9.55M (Bond 2018 + ARPA + FY23 General Fund)*
I First Priori (Gulfspray and Beach) Second Priori (Design and Partial
• Elevate Beach Ave and Gulfspray. Construction of Linear Open Space
Elevate beach access parking and Channel
provide pedestrian access to • Elevate Timon and Surfside, Eco
beachwalk. Park and Dolphin Park access
(Sandbar Avenue).
• Limited conveyance
improvements along elevated
streets.
• Install new north-end outfall and
portion of linear open-space
open channel.
*Available Budget: • Confirm com pati bi I ity with future
ARPA $5.00M linear open-space open channel.
Bond 2018- Beach Avenue $1.00M
Bond 2018-Gulfspray Pedestrian Access $0.30M
Bond 2018- NB Primary Access Project $125M
FY 2023 General Fund $2.00M 4
MIG Recommendation
• Use a layered solution across the North Beach peninsula
• Approve Linear Park (Option 2) and Storm Drains w/o Elevation (Option 6)
• Install Coastal Barriers (Dunes)
• Elevate Key Access Routes
• Upgrade Stormwater Conveyance w/ Linear Park Canal
• Exercise Backflow Prevention
• Next Step: Hire an engineering firm to design the linear park and reconstruct North
Beach roadways utilizing available funds 5
SC
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xss2 AGENDA MEMORANDUM
Action Item for the City Council Meeting of April 18, 2023
DATE: April 18, 2023
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
6effreyea-cctexas.com
(361) 826-3851
Ernesto De La Garza, P.E., Director of Public Works
ernestod2a-cctexas.com
(361) 826-1677
Josh Chronley, CTCD, Assistant Director of Finance & Procurement
6oshc2Ca)-cctexas.com
(361) 826-3169
Construction Contract Award
Carroll Lane— Holly Road to Dead End
(Bond 2020, Proposition A)
CAPTION:
Motion awarding a construction contract to JE Construction Services LLC., Corpus Christi, Texas,
for reconstruction of Carroll Lane from Holly Road to Dead End with new asphalt pavement,
bicycle tracks, off-road multi-use trail, and Utilities improvements in an amount of$5,499,682.00,
located in Council District 3 with FY 2023 funding available from the Street Bond 2020, Storm
Water, Water and Wastewater Funds.
SUMMARY:
This motion awards a construction contract with JE Construction Services LLC., Corpus Christi,
Texas for complete reconstruction of Carroll Lane from Holly Road to Dead End. The existing
roadway will be demolished and rebuilt with new asphalt pavement, curb and gutter, sidewalks,
ADA compliant curb ramps, signage, pavement markings, traffic signals, bike lanes, and
streetlight improvements. In addition to surface improvements, the project includes stormwater,
water, wastewater, and gas infrastructure improvements.
BACKGOUND AND FINDINGS:
Carroll Lane from Holly Road to Dead End is 0.33 miles in length and is classified as a
Residential Collector (Cl) on the Urban Transportation Plan (UTP). The entrance road ("Carroll
Entrance") on the south side of Holly Road is a 4-lane roadway with one travel lane in
each direction, a dedicated right turn lane and a dedicated left turn lane. Carroll Entrance
transitions into a parkway configuration with 2-lane roadways ("Carroll East" and "Carroll West')
on either side of the Kostoryz/Carroll Ditch.
The roadway connecting Carroll East and Carroll West has been designated as "Carroll Middle"
and is also a 2-lane roadway with one travel lane in each direction. The existing pavement
throughout the project limits contains failures ranging from alligator cracking to ruts,
base/subgrade failures, and rolled curb. The last major project improvements to this section of
Carroll Lane appear to have occurred in the 1960's.
Existing utilities include underground stormwater infrastructure, asbestos concrete pipe (ACP)
waterline, vitrified clay pipe (VCP)wastewater collection lines along Carroll East and Carroll West,
a 30" PVC wastewater main, and a 4" polyethylene (PE) gas line on the east side of Carroll East.
The scope of project improvements includes the following: full reconstruction of the roadway using
the existing layout with modified lane widths. The new travel lanes will be 11' wide designed with
a hot-mix, asphalt concrete (HMAC) pavement section and a 6" standard curb and gutter.
Pedestrian improvements include 5' wide concrete sidewalks along Carroll West, Carroll East,
and the north side of Carroll Middle; bicycle lanes on both sides of Carroll Entrance at Holly Road;
and a 10' wide off-road multi-use trail from Carroll Entrance to Carroll Middle.
A future phase of the 10' wide off-road multi-use trail from Carroll Middle to the dead end will be
designed as a separate project funded with the Surface Transportation Block Grant (STBG
program).
The existing corrugated metal stormwater infrastructure will be removed and replaced with new
and appropriately sized reinforced concrete pipe (RCP) infrastructure; ACP waterlines will be
removed and replaced with C900 DR18 PVC waterlines; VCP wastewater lines along Carroll West
will be pipe burst with IPS DR19 HDPE, VCP wastewater line along Carroll East will be removed
and replaced with SDR26 PVC; and, the existing 4" City gas line on the east side of Carroll East
will be extended south to the end of the Project.
PROJECT TIMELINE:
2021 - 2022 2023 2023 - 2024
July - December January - April May - May
Design Bid/Award Construction
Project schedule reflects City Council award in April 2023 with anticipated completion by May
2024.
COMPETITIVE SOLICITATION PROCESS
The Contracts and Procurement Department issued a Request for Bids on December 26, 2022,
for the proposed Carroll Lane construction project. The solicitation contained one base bid, Base
Bid 1 (HMAC). On February 15, 2023, the City received six bids for HMAC Pavement. A summary
of the bids is provided below.
Bidder Base Bid 1 HMAC
1 JE Construction Services, LLC $5,499,682.00
2 Anderson Columbia Co. Inc. $5,552,169.70
3 J. Carroll Weaver $5,596,217.11
4 Bay Ltd. $5,819,359.75
5 Brizo Construction $6,053,162.81
6 Clark Pipeline Services, LLC $6,541,570.02
Engineer's Opinion of Probable Construction
$5,766,000.00
Cost
JE Construction Services, LLC., is the Low Bidder for Base Bid 1 HMAC. After reviewing the
received bids, City staff recommends awarding the construction contract to the Low Bidder— JE
Construction Services, LLC.
JE Construction Services, LLC., has successfully completed many street projects with the City of
Corpus Christi. Some of the recently completed projects include Waldron Road from Purdue Road
to S.P.I.D (21057), Airline Road from S.P.I.D to McArdle Road (18004A) Bond 2018, RSRP Part
C FY2021, RSRP Part A FY2022.
ALTERNATIVES:
The City Council could choose not to award the contract to JE Construction Services, LLC. This
would delay the project and conflict with the City Council's goal to expedite street projects with
Bond Funds.
FISCAL IMPACT:
The item proposes to award a construction contract to JE Construction Services, LLC., in the
amount of $5,499,682.00 for the reconstruction of Carroll Lane from Holly Road to Dead End.
Project funds are available in Street Bond 2020 and FY2023 Storm Water, Wastewater, Water
and Gas. This street reconstruction project is in City Council District 3 and the contract is
effective upon issuance of notice to proceed.
Funding Detail:
The Capital Improvement Program (CIP) shows the project is currently scheduled to begin
construction in FY 2022. The project is ready to be implemented.
Fund: ST2021 Bd20 (Fund 3558)
Department: Streets-33
Organization: Org- 89
Project: Carroll Lane - (Holly Road to Dead End) Project No. 21054
Account: Construction (550910)
Activity: 21054-3558-EXP
Amount: $2,600,898.11
Fund: StrmWtr 2023 CIP (Fund 4534)
Department: Stormwater-47
Organization: Org- 89
Project: Carroll Lane - (Holly Road to Dead End) Project No. 21054
Account: Construction (550910)
Activity: 21054-4534-EXP
Amount: $1,040,650.78
Fund: WW 2023 CIP (Fund 4259)
Department: Wastewater-46
Organization: Org- 89
Project: Carroll Lane - (Holly Road to Dead End) Project No. 21054
Account: Construction (550910)
Activity: 21054 -01-4259-EXP
Amount: $352,115.79
Fund: Water 2023 CIP (Fund 4486)
Department: Water-45
Organization: Org- 89
Project: Carroll Lane - (Holly Road to Dead End) Project No. 21054
Account: Construction (550910)
Activity: 21054 -01-4484-EXP
Amount: $1,473,503.17
Fund: Gas 2023 CIP (Fund 4562)
Department: Gas- 11
Organization: Org- 89
Project: Carroll Lane - (Holly Road to Dead End) Project No. 21054
Account: Construction (550910)
Activity: 21054 -4562-EXP
Amount: $32,514.15
Overall Contract Total: $5,499,682.00
RECOMMENDATION:
Staff recommends awarding construction contract to JE Construction Services, LLC., for
reconstruction of Carroll Lane from Holly Road to Dead End in the amount of$5,499,682.00 with
construction duration planned for 13 months from issuance of the Notice to Proceed with
construction starting in April 2023 and completed by May 2024.
LIST OF SUPPORTING DOCUMENTS:
Location Map
Bid Tabs
CIP Page
Power Point Presentation
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CARROLL LANE
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
FROM HOLLY R D TO DEAD END DEPARTMENT OF ENGINEERING SERVICES --
TABULATION OF BIDS
TABULATEDBY:D.ScoNJonee,P.E.-Ard-Gmup,Inc. ENGINEER'S ESTIMATE:S5,766,-
BIDDATE:Wetlneetlay,February15,2023 TIMEOFCOMPLETION:360---Ys
DECONSTRUCTION SERVICES, ANDERSON COLUMBIA CO.,INC. JCARROLL WEAVER BAY,LTD. BRIZO CONSTRUCTON CLA RK PIPELINE SERV ICES,LLC
CARROLLLANE-HOLLYROADTODEADENDIBOND2020) LLC
CITY PROJECT NO.2105G
ITEM DESCRIPTON OTY. UNIT UNITPRICECHR ST AMOUNT UNITPRICECHR ST AMOUNT UNITPRICE N�1:1187
AMOUNT UNITPRICEHR ST.AMOUNT UNITPRICETI AMOUNT UNITPRICECHR STI AMOUNT
BASE BD
PARTA-GENERAL(per SECTION 01 29 01 MEA SUREMENTAND BASIS FOR PAYMENT)
Al Mobilim (5%Max Part AJ 1 LS $ 15,BW W $ 15,BW W $ 40,00800 $ 40,DW W $ 33,DW W $ 33,B.. $ 14,9W W $ 14,-. $ 22,B.. $ 22,BW W $ 26,318 34 $ 26,318 34
A2 Bonds&Insurance 1 AL $ 50,B.. $ 50,00800 $ 35,00800 $ 35,BWW $ 33,600.00 $ 33,600.00 $ 35,100.00 $ 35,100.00 $ 55,BWW $ 55,B.. $ 99,93403 $ 99,93403
A3 Storm Water P011uOon Prevention Plan 1 LS $ 4,10800 $ 4,10800 $ 50,B.. $ 50,B.. $ SSB.. $ 28,B.. $ 63800 $ 63800 $ 1,70800 $ 1,70800 $ 19,5.. $ 19,50800
A4 Po S Inlet P--, 3 EA $ 310.00 $ 93800 $ 432.00 $ 129600 $ 1,34400 $ 4,03200 $ 100.00 $ 300.00 $ 90.00 $ 2]0.00 $ 325.00 $ 9]5.00
A5 G-Inlet Protet 29 EA $ 18600 $ 5,39400 $ 1]600 $ 5,19100 $ 56800 $ 16,24800 $ 10800 $ 2,90800 $ 9600 $ 2,61800 $ 52800 $ 15,08800
A6 SE Fence 1,147 LF $ 400 $ 4,58800 $ 455 $ 5,21885 $ 700 $ 8,02800 $ 600 $ 10,323. $ 560 $ 6,42320 $ 1548 $ 1],]3262
A7 --y Curtain 160 LF $ 2500 $ 4,00600 $ 5200 $ 8,32600 $ 6200 $ 9,92600 $ 3900 $ 6,24600 $ 22.00 $ 3,52600 $ 3250 $ 5,206 00
A8 Stabilized Con5roc0on En-- 5 EA $ 3,10600 $ 15,5.. $ 2,50600 $ 12,5.. $ 7,28600 $ 35,4.. $ 2,75600 $ 13,75600 $ 4,50600 $ 22,5.. $ 4,16600 $ 20,8..
Ag Revegeta0on(SL AA- 11,054 SV $ 800 $ 88,43200 $ 600 $ 99,48600 $ 560 $ 61,90240 $ 600 $ 99,48600 $ 600 $ 99,48600 $ 11 7B $ 129,33180
A10 Tree Protet 8 EA $ 24600 $ 1,92600 $ 37500 $ 3,00600 $ 1,40600 $ 11,2.. $ 7]]00 $ 6,21600 $ 50600 $ 400600 $ 1,10500 $ 8,84600
All Traffic Conhol Desgn By P---1 Engineer(ALL PHASES) 1 LS $ 15,B.. $ 15,B.. $ 30,B.. $ 30,B.. $ 13,44600 $ 13,44600 $ 14,3.. $ 14,3.. $ 20,B.. $ 20,00600 $ 15,600.00 $ 15,6..
Al2 Traffic Control Pl an MobilimOonlNdjuSmenLs 1 LS $ 8,50600 $ 8,50600 $ 50,B.. $ 50,B.. $ 11,2.. $ 11,2.. $ 8,50600 $ 8,50600 $ 40,B.. $ 40,B.. $ 8,90500 $ 8,90500
A13 Temporary Traffic Signal Design By---1 Engineer 1 EA $ 15,B.. $ 15,00600 $ 11,00600 $ 11,B.. $ 33,6.. $ 33,6.. $ 17,4.. $ 17,4.. $ 5,00600 $ 5,00600 $ 15,6.. $ 15,6..
A14 Temporary Traffic Signallmplemen[a0on(ALL PHASES) 1 LS $ 2],000.00 $ 2],000.00 $ 25,000.00 $ 25,000.00 $ 19,04600 $ 19,04600 $ 34,600.00 $ 34,600.00 $ 25,000.00 $ 25,000.00 $ 4,42600 $ 4,42600
A15 Traffic Gontmlltems(Bamcades,Sgns,&Traffic Handling) 12 AIO $ 1,80600 $ 21,6.. $ 10,B.. $ 120,00600 $ .,B.. $ 312,00600 $ 10,15600 $ 121,80600 $ 5,00600 $ 60,00600 $ 8,02250 $ 96,2]600
A16 Low Profile Concrete B-1-1(2') 10 EA $ 1,30600 $ 13,B.. $ 50600 $ 5,00600 $ 6'00600 $ 60,00600 $ B. $ 3,80600 $ 1,60600 $ 16,00600 $ 4,68600 $ 46,8..
A17 Electronic--Board 4 EA $ 7,80600 $ 31,2.. $ 18,1.. $ 1,4.. $ .,B.. $ 10400600 $ 8,50600 $ 34,B.. $ 19,B.. $ 76,B.. $ 18,85600 $ 75,4..
A18 Glear Rgh-0t 49 AC $ 3,50600 $ 1],15600 $ 50,B.. $ 245,00600 $ 4,10600 $ 20,B.. $ 12,5.. $ 61,25600 $ 15,B.. $ 73,5.. $ 23,4.. $ 11466600
A19 Omne Anion Day 5 DAVS $ 1.00 $ 5.00 $ 1.00 $ 5.00 $ 280.00 $ 1,40600 $ 656.00 $ 3,33600 $ 100.00 $ 500.00 $ 455.00 $ 2,27500
SUBTOTAL PARTA-GENERAL(It-Al thru Al9) $ 338,31800 $ 819,41685 $ 81],09340 $ 489,82500 $ 533,50920 $ ]23,641]9
PARTB-STREETIMPROVMENTS(per SECTION012901 MEASUREMENTAND BASIS FOR PAYMENT)
B1 Mobitim0on(5%Max Rar[B) 1 LS $ 44,900.00 $ 44,900.00 $ ]4,00600 $ ]4006 00 $ 100,00600 $ 100,00600 $ 33,60600 $ 33,60600 $ 100,00600 $ 100,00600 $ 102,55685 $ 102,55685
B2 Remave E.-g Signs 1 LS $ 7,50600 $ 7,50600 $ 2,59600 $ 2,59600 $ 5,04600 $ 5,04600 $ 2,10600 $ 2,10600 $ 50600 $ 50600 $ 45500 $ 45500
B3 Remove Co ncrete D11-y 4,805 SF $ 300 $ 14,41500 $ 1B5 $ 9,35675 $ 465 $ 22,34325 $ 600 $ 28,83600 $ 2600 $ 96'100D0 $ 325 $ 15,61625
B4 Remove Exi5ing Ch-link Fencing 99 LF $ 1300 $ 1,28]00 $ 575 $ 56625 $ 2822 $ 2,]93]8 $ 1400 $ 1,38600 $ 350 $ 34850 $ 3800 $ 3,86100
B5 Remave E.-g Wooden Fencing 37 LF $ 1300 $ 481.00 $ 1200 $ 444.00 $ 7552 $ 2,]9424 $ 1500 $ 555.00 $ 5.80 $ 21460 $ 78 BB $ 2,88600
B6 Street E.-t.,(1'B OE C) 16,810 SV $ 1300 $ 218,53600 $ 1300 $ 218,53600 $ 2128 $ 35],]1680 $ 23.00 $ 386'63600 $ 2800 $ 470,68600 $ 22.10 $ 3]1,50100
B] 12"Comp-Subgrade with top 8"H-Stabilimticn 13,791 SV $ 1]00 $ 23444]00 $ 1600 $ 220,65600 $ 2300 $ 317
,19300 $ 1800 $ 248,23800 $ 2500 $ 344]]5 00 $ 2]30 $ 3]6'49430
BB 9'Crushed LlRleSone Flexible Base(Type A,Gr_12)(1'BO_C) 13,]91 SV $ 4600 $ 551,64600 $ 3200 $ 441,31200 $ 3499 $ 482154]09 $ 4200 $ 5]9,22200 $ 3300 $ 455,10300 $ 4160 $ 5]3,]0560
The areas with-d!-d-intlicate an error in an extension which did not ansa the low bid.
Thetotalsre .herearethe Unit Pricex Quantity.
The unit price shall govern over the.ount.
Page 1 of 7
TABULATION OF BIDS
TABULAIEDBY:D.ScoNJones,P.E.-Ard-Gmup,Inc. ENGINEER'S ESTMATE:S5,766,O
BIDDAIE:Wetln d y,February15,2023 TMEOFCOMPLETON:360Calen Days
JE CONSIRUCTON SERVICES, ANDERSON COLUMBIA CO.,INC. JCARROLL WEAVER BAY,LID. BRIZO CONSIRUCTON CLARK PIPELINE SERVICES,LLC
CARROLL LANE-HOLLY ROAD TO DEAD END(BOND 2020) LLC
CITY PROJECT NO.2105G
CORPUS CHR -7 CORPUS
ITEM DESCRIPTON QW. UNIT UNITPRICEST CHR-AMOUNT UNITPRICEAMN� HRUNT UNITPRICE AMOUNT UNITPRICESP.AMOUNT UNITPRICET� CHR-AMOUNT UNITPRICEAMOUNT
39 Pdme Ccat(02 GAUSY) 2,758 GAL $ 800 $ 16,54800 $ 800 $ 16,54800 $ ]T] $ 21,42866 $ 800 $ 16,54800 $ 900 $ 24,822.00 $ 9.15 $ 25,235]0
310 Seal Coat 13,]91 SY $ 500 $ 68,95500 $ 455 $ 62,]4805 $ 851 $ 89,]]941 $ 400 $ 55,1.. $ 1800 $ 13],91800 $ 1220 $ 168,25020
311 YType'D'HMAC 11.225 SY $ 3800 $ 4 ,55800 $ 2800 $ 314,30800 $ 3599 $ 403,98]]5 $ 2]]5 $ 311,493]5 $ 4800 $ 516,35800 $ 4856 $ 522,63600
B12 FUJI Depth Pavement Repair M LF $ 14500 $ 5,51800 $ 5500 $ 2,09800 $ 180 $ 2,76840 $ 42500 $ 16,15800 $ 14800 $ 5,32800 $ 25350 $ 9,63300
B13 Concrete OMeway 4,893 SF $ 1400 $ 68,50200 $ 1500 $ ]3,39500 $ 2443 $ 119,53599 $ 20.00 $ 9],86800 $ 1400 $ 68,50200 $ 1495 $ 73,15835
B14 Ch-link Fencing 86 LF $ 4300 $ 3,69800 $ 4800 $ 3,44800 $ 8400 $ 7,22400 $ 36.00 $ 3,09800 $ 3100 $ 2,66600 $ 11850 $ 9,50300
B15 Wocden Fencing 32 LF $ 8300 $ 2,65800 $ 8100 $ 2,59200 $ 11200 $ 3,58400 $ T]_00 $ 2,46400 $ 5]00 $ 1,82400 $ 13850 $ 4,36800
316 Combo Stop Sign(R1-1)Street Name U.-(1-1 kletal Pole and 14 FA $ 1 10800 $ 15,4.. $ 1,03800 $ 14420.00 $ 1,00800 $ 14,11200 $ BO800 $ 12,60800 $ 1,10800 $ 15,4.. $ 1,16350 $ 16,28900
Triangular Slip Base)
B17 Dead End Sq,(W-141)(IncL kletal Pole and Tri angular Slip Base) 4 EA $ 86800 $ 3,84800 $ 89400 $ 3,5]800 $ 86800 $ 3,47200 $ 89800 $ 3,56800 $ 95800 $ 3,80800 $ 1,00]50 $ 4,03800
B18 Dead End Sq,(W-141 AR) 1 EA $ 186.00 $ 186.00 $ 173.00 $ 173.00 $ 168.00 $ 168.00 $ 210.00 $ 210.00 $ 185.00 $ 185.00 $ 195.00 $ 195.00
318 I A End IX Road Sam 20 EA $ 52800 $ 10,400.00 $ 4]900 $ 9,58800 $ .4. $ 9,28800 $ 50800 $ 10,00800 $ 51800 $ 10,20800 $ 53950 $ 10,]9800
320 NO Dumping Al—Sign(K-1735)(Incl_kletal Pole and Triangular 3 EA $ 93800 $ 2,]9800 $ 86500 $ 2,59500 $ 84800 $ 2,52800 $ BOR D0 $ 2,70800 $ 92800 $ 2,]6800 $ 9]500 $ 2,92500
Slip Base)
321 Chevron Algnment Sign(W11L)(Incl_kletal Pole and Triangular 4 EA $ ]9800 $ 3,16800 $ 73200 $ 2,92800 $ 711 20 $ 2,84480 $ 65800 $ 2,60800 $ ]]500 $ 3,10800 $ 82550 $ 3,30200
Slip Base)
B22 Yield Sq,(R2-1)(IncL kletal Pole and Triangular Slip Base) 2 EA $ 89800 $ 1,98800 $ 92300 $ 1,84800 $ 86900 $ 1,]3800 $ 85800 $ 1,]0800 $ 98800 $ 1,96800 $ 1,04800 $ 2,08800
B23 DO Not Enter Sq,(R5-1) 2 EA $ 185.00 $ 3]0.00 $ 173.00 $ 346.00 $ 168.00 $ 336.00 $ 250.00 $ 500.00 $ 185.00 $ 3]0.00 $ 195.00 $ -
B24 Right Reverse Curve Sign (X- R)(Incl_kletal Pole and 2 EA $ 86800 $ 1,92800 $ 89400 $ 1,]8800 $ 86800 $ 1,]3800 $ 1,10800 $ 2,20800 $ 95800 $ 1,90800 $ 1,00]50 $ 2,01500
Triangular Slip Base)
B25 254 PH Warning Sign(W13-1-25) 2 EA $ 185.00 $ 3]0.00 $ 173.00 $ 346.00 $ 168.00 $ 336.00 $ 250.00 $ 50800 $ 185.00 $ 3]0.00 $ 195.00 $ 390.00
326 Arrow(iwohieaded D-Directional)Sign(K-165)(Incl_M-1 Pole 1 EA $ 93800 $ 93800 $ 86500 $ 86500 $ 84800 $ 84800 $ 1,00800 $ 1,00800 $ 91500 $ 91500 $ 9]500 $ 9]500
and Triangular Slip Base)
B27 Neighbon-d Crime Watch Sign 4 EA $ 86800 $ 3,84800 $ 89400 $ 3,5]800 $ 86800 $ 3,47200 $ 1,00800 $ 400800 $ 95800 $ 3,80800 $ 1,00]50 $ 4,03800
B28 Pede3ri an Cressng Sign(W 112)(Incl_kletal Pole and Triangular 4 EA $ 86800 $ 3,84800 $ 89400 $ 3,5]800 $ 868 00 $ 3,47200 $ BO800 $ 3,60800 $ 95800 $ 3,80800 $ 1,00]50 $ 4,03800
Slip Base)
B29 Left Down Arrow(W16-]PL) 4 EA $ 100 $ 296.00 $ 6900 $ 2]6.00 $ 67 20 $ 268.80 $ 8900 $ 320.00 $ 100 $ 296.00 $ 78 0R $ 312.00
330 Lane Gontro l Sign(IncL Metal Pole and Tri angular Slip Base) 1 EA $ 1,00800 $ 1,00800 $ 94800 $ 94800 $ 91280 $ 91280 $ 1,10800 $ 1,10800 $ 99500 $ 99500 $ 1,05950 $ 1,05950
B31 3Raflec Pavement M arkings l 1(W)(2)(SLD)(90 roil)-Stop 217 LF $ 1]00 $ 3,68900 $ 1800 $ 3,47200 $ 1568 $ 3,40256 $ 20.00 $ 434800 $ 1]00 $ 3,68900 $ 1820 $ 3,94940
B32 ReflecMe Pavement Markings IV_C(W)(24')(SLD)(80 mil)- 198 LF $ 1]00 $ 3,35800 $ 1800 $ 3,16800 $ 1568 $ 3,10464 $ 1900 $ 3,]6200 $ 1]00 $ 3,35800 $ 1820 $ 3,60360
Cro alk
B33 ReflecMe Pavement 4 arking l 1(Y)(4")(DBL)(SCLID) 1,339 LF $ 200 $ 2,6]800 $ 145 $ 1,94155 $ 140 $ 1,87460 $ 200 $ 2,6]800 $ 155 $ 2,07545 $ 153 $ 2,1825]
B34 ReflecMe Pavement 4 arking l 1(Y)(4')(BKN)(SOLI D) 590 LF $ 100 $ 59800 $ R 7 $ 44250 $ R 7 $ 43R 7R $ 100 $ 59800 $ 880 $ 47200 $ 885 $ 50150
B35 ReflecMe Pavementklarkings l (Y)(24')(SLD)(90 H-Gore 30 LF $ 22D0 $ 66800 $ 2100 $ 63800 $ 2816 $ 60480 $ 2500 $ 75R DR $ 2200 $ 66800 $ 2340 $ 7R2 DR
B36 ReflecMe Pavement 4 arkings T 1(W)(8')(SLD)(90 roil) 243 LF $ 200 $ 48800 $ 145 $ 35235 $ 140 $ 34820 $ 200 $ 48800 $ 155 $ 3]865 $ 153 $ 39809
B37 ReflecM)e Pavement klarkings TY_1(W)(4')(DIRECTIONAL BKN) 69 LF $ 1 00 $ 6900 $ 1 00 $ 6900 $ 895 $ 6555 $ 1 00 $ 6900 $ 1 05 $ ]245 $ 1.11 $ ]8 59
(80 mil
B38 Prefabricated Pavement 4 arkings TY.C(W)(Word)"Only"(125 roil)1 2 FA $ 3]0.00 $ ]40.00 $ 346.00 $ 69200 $ 336.00 $ 6]200 $ 450.00 $ 900.00 $ 3]0.00 $ ]40.00 $ 390.00 $ ]80.00
338 Prl)fab11-d Pavement Markings N C(W)(Left Turn Arrow)(125 1 EA $ 31800 $ 31800 $ 288 00 $ 288 00 $ 28800 $ 28800 $ 35800 $ 35800 $ 305 00 $ 305 00 $ .5. $ 325 00
The areas with bdid-d-md1icate an error m an extension which did not aRect the low bid.
The totals reherearethe Unit Price x W antiry.
Th -h.lie unit price shall 0overn over the am Dunt.
Page 2 of 7
TABULATION OF BIDS
TABULATEDBY:D.S-Jones,RE.-Artluma-up,Inc. ENGINEER'S ESTMATE:S5,766,-
BIDDATE:Wetlnestlay,February15,2023 TMEOFCOMPLETON:360---Ys
JE CONSTRUCTON SERVICES, ANDERSON COLUMBIA CO.,INC. JCARROLL WEAVER BAY,LID. BRIZO CONSTRUCTON CLARK PIPELINE SERVICES,LLC
CARROLL LANE-HOLLY ROAD TO DEAD END(BOND 2020) LLC
CITY PROJECT NO.2105G
CORPUS
CORPUS
TX-7 CORPUS
ITEM DESCRIPTON CRY. UNIT UNITPRICECHRST AMOUNT UNITPRICECHRST AMOUNT UNITPRICEN AMOUNT UNITPRICEHRST.AMOUNT UNITPRICET� AMOUNT UNITPRICE,TX 7.17 CORPUS CHRST AMOUNT
B40 Prl)fabdcated Pavement Markings TY_C(W)(Righ[Turn Arrow)D T 1 EA $ 31800 $ 31800 $ 28800 $ 28800 $ 28800 $ 28800 $ 35800 $ 35800 $ 30500 $ 30500 $ 32500 $ 32500
B41 13ry1l Pat,Pavement MaM1ing 4 EA $ 68300 $ 2,]3200 $ 63400 $ 2,53800 $ 56800 $ 2,24800 $ ]]500 $ 3,10800 $ 67500 $ 2,]0800 $ 71500 $ 2,86800
B42 Raised Reflective Pavement M arkings(iYIIAA)Yellow 93 EA $ 800 $ 55800 $ 550 $ 51150 $ 532 $ 494]6 $ 700 $ 65100 $ 580 $ 53840 $ 6.18 $ 5741
B43 Raised--tve Pavement M arkings(II-C)White 14 EA $ 800 $ 8400 $ 550 $ 77 DR $ 560 $ 78 4R $ 700 $ 9880 $ 580 $ 8120 $ 6.18 $ 8652
B44 Raised--tve Pavement M a1,1191(111-13-13)Blue 12 EA $ 800 $ 7200 $ 550 $ 66.00 $ 560 $ 6]20 $ 700 $ 8400 $ 580 $ 6860 $ 6.18 $ 116
B45 Allowance For Unanticipatetl Street Improvements 1 AL $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,00800 $ 50,00800 is 50,00800 $ 50,00800 is 50,00800 $ 50,00800 is 50,00800 $ 50,00800
(MANDATORY)
SUBTOTALPARTB-STREETIMPROVEMENTS(Items Bithru BGS) $ 1,]82,28500 $ 1,553,94895 $ 2,048,1]818 $ 1,898,134]5 $ 2,340,41585 $ 2,3]9,09592
PARTC-ADA IMPROVEMENTS(per SECTON 01 29 01 MEASUREMENTAND BASI S FOR PAYMENT)
C1 Mobifireton(5%Alai Part C) 1 LS $ 18,00800 $ 18,00800 $ 1],00800 $ 1],00800 $ 9,65801 $ 9,65801 $ 11,50080 $ 11,50080 $ 13,00800 $ 13,00800 $ 2],45284 $ 2],45284
C2 Remove Exi5ing Concrete Sidewalk 13,460 SF $ 300 $ 40,38800 $ 130 $ 1],49800 $ 4.15 $ 55,85800 $ 800 $ 80,76800 $ 100 $ 13,46080 $ 347 $ 46J.2!1
C3 Concrete Sidewalk 11,163 SF $ 1800 $ 111,63800 $ 865 $ 96,55895 $ 896 $ 100,02848 $ 1200 $ 133,95800 $ 800 $ 100,46700 $ 1300 $ 145,11800
C4 Concrete G-Ramp 5,591 SF $ 3200 $ 178,91200 $ 3800 $ 16],]3800 $ 2812 $ 162,80892 $ 3800 $ 16],]3800 $ 1500 $ 83,86500 $ 3835 $ 214,41485
C5 1-Way6Cycle Track 3,449 SF $ 3300 $ 113,81700 $ 865 $ 29,83385 $ .12 $ 100,43488 $ 1800 $ 55,18400 $ 1200 $ 41,38880 $ 1560 $ 53,80440
C6 10'Cf-d,Mu E-H Trail 2,120 SF $ 14D' $
29,68800 $ 1200 $ 25,44800 $ 896 $ 18,9952!1 $ 1500 $ 31,80080 $ 1300 $ 2],56800 $ 3]2] $ ]9,01240
C] Allowaore Far Uoo.Uripoted ADA Idbprav -ts 1 AL $ 10,00800 $ 10,00800 $ 10,00800 $ 10,00800 $ 10,00800 $ 10,00800 $ 10,00800 $ 10,000.00 $ 10,00800 $ 10,000.00 $ 10,00800 $ 10,00800
ATORY
SUBTOTAL PA RTC-ADA IMPROVEMENTS-(Item s C1 thru C]) $ 502,41900 $ 354,06180 $ 45],]69.49 $ 490193800 $ 289,74800 $ 576,50969
PARTD-TRAFFIC SIGNALS AND STREETLIGHTIMPROVEMENTS(per SECTON 01 29 01 MEA SUREMENTAND BASIS FOR PAYMENT)
D1 Mobl-ton(5%Max Part O) 1 LS $ 7,00800 $ 7,00800 $ ],00800 $ ],00800 $ 4,50800 $ 4,50800 $ 5,20800 $ 5,20800 $ ],50800 $ ],50800 $ ],64859 $ ],64859
D2 CONDT(PVC)(SCH 40)(2")WITH MULE TAPE 332 LF $ 1500 $ 498800 $ 1400 $ 464800 $ 417 42 $ 5,94844 $ 25.00 $ 8,30800 $ 1800 $ 5,31200 $ 4808 $ 16,29456
D3 CONDT(PVC)(SCH 80)(2")WITH MULE TAPE 18 LF $ 34.00 $ 61280 $ 3200 $ 5]680 $ 2880 $ 504.00 $ 4800 $ ]20.00 $ 3]00 $ 656.00 $ 3571 $ 642.78
D4 ELEC CONDR(NO6)BARE 240 LF $ 380 $ ]20.00 $ 2.40 $ 57680 $ 224 $ 53]60 $ 380 $ ]20.00 $ 2.80 $ 67280 $ 221 $ 530.40
D5 ELEC CONDR(NO6)INSULATED 480 LF $ 300 $ 1,44800 $ 255 $ 1,22400 $ 224 $ 1,07520 $ 200 $ 86800 $ 290 $ 1,39200 $ 215 $ 1,03200
D6 GROUND BOX TY A D-11 FAPRON 2 EA $ 1,208 00 $ 2,40800 $ 1,15800 $ 2,30800 $ 1,68800 $ 3,35800 $ 2,00800 $ 400800 $ 13200 $ 26400 $ 1,95800 $ 3,90800
D] ELC SRV TY D 120I240060(NS)SS(E)TS(0) 1 EA $ 5,60800 $ 5,60800 $ 5,19800 $ 5,19800 $ 4,81800 $ 4,81800 $ 6,50800 $ 6,50800 $ 5,92800 $ 5,92800 $ 5,48800 $ 5,48800
OB INSTALLHWY TRF SIG(U PGRADE) 1 EA $ 23,00800 $ 23,00800 $ 21,300.00 $ 21,30080 $ 20,16800 $ 20,18800 $ 11,000.00 $ 11,000.00 $ 24400.00 $ 24400.00 $ 10,89400 $ 10,89400
09 VEH SIG SEC(121N)LED(GRN) 8 EA $ 33500 $ 2,68800 $ 31100 $ 2,48800 $ 34160 $ 2,]3280 $ 35800 $ 2,88800 $ 35500 $ 2,84800 $ 39650 $ 3,1]200
The areas with boltl drd-and icate an error in an extension which did not aRect the low bid.
The totals reOMetl herearethe Unit Price x Quantity.
The unit price shall govern over the am ount.
Page 3 of
TABULATION OF BIDS
TABULATEDBY:D.S-Jones,P.E.- dl--up,Inc. ENGINEER'S ESTMATE:S5,766,-
BIDDATE:Wetlnestlay,February15,2023 TMEOFCOMPLETON:360Cale-Days
JE CONSTRUCTON SERVICES, ANDERSON COLUMBIA CO.,INC. JCARROLL WEAVER BAY,LID. BRIZO CONSTRUCTON CLARK PIPELINE SERVICES,LLC
CARROLL LANE-HOLLY ROAD TO DEAD END(BOND 2020) LLC
CITY PROJECT NO.2105G
CORPUS
CORPUS
TX-7 CORPUS
ITEM DESCRIPTION QW. UNIT UNITPRICECHRST AMOUNT UNITPRICECHRST AMOUNT UNITPRICEN AMOUNT UNITPRICEHRSTI.AMOUNT UNITPRICET� AMOUNT UNITPRICE,TX 7.17 CORPUS CHRST AMOUNT
010 VEH SIG SEC G 2 IN)LED(ERN ARW) 4 EA $ 33500 $ 1,34800 $ 31100 $ 1,24400 $ 34160 $ 1,35640 $ 35800 $ 1,44800 $ 35500 $ 1,42800 $ 39650 $ 1,58600
D11 VEH SIG SEC G 2 IN)LED(YEL) 8 EA $ 33500 $ 2,68800 $ 31160 $ 2,48800 $ 34160 $ 2,]3280 $ 35800 $ 2,88800 $ 35500 $ 2,84800 $ 39850 $ 3,17200
D12 VEH SIG SEC G 2 IN)LED(YEL ARW) 8 EA $ 33500 $ 2,68800 $ 31160 $ 2,48800 $ 34160 $ 2,]3280 $ 35800 $ 2,88800 $ 35500 $ 2,84800 $ 39850 $ 3,17200
D13 VEH SIG SEC G 2 IN)LED BEGS) 8 EA $ 33500 $ 2,68800 $ 31160 $ 2,48800 $ 34160 $ 2,]3280 $ 35800 $ 2,88800 $ 35500 $ 2,84800 $ 39850 $ 3,17200
D14 VEH SIG SEC G 2 IN)LED BRED ARW) 4 EA $ 33500 $ 1,34800 $ 31160 $ 1,24400 $ 34160 $ 1,35840 $ 35800 $ 1,44800 $ 35500 $ 1,42800 $ 39850 $ 1,58800
D15 PED SIG SEC(LED)(CCUNTDCWN) 8 EA $ IR DR $ 5,92800 $ B. $ 5,44800 $ ]3820 $ 5,91360 $ 1,00800 $ 8,00800 $ 78B DR $ 6,24800 $ 85800 $ 6,86400
D16 BACKPIATEWIREFLBROR(3SEC)ALUM 8 EA $ 27B DR $ 2,16800 $ 24800 $ 1,98400 $ 18144 $ 1,45152 $ 25800 $ 2,00800 $ 28500 $ 2,28800 $ 20830 $ 1,6]440
D17 BACKPIATE WIREFL BRDR(4 SECIALUM 4 EA $ 320.00 $ 128800 $ 298.00 $ 1,14200 $ 206.08 $ 824.32 $ 300.00 $ 120800 $ 34800 $ 1,35800 $ 23920 $ 956.80
D18 THE SIG CBL(TY A)G4 AWG)(2 CONDR) 1,205 LF $ 200 $ 2,41800 $ 200 $ 2,41800 $ 165 $ 2,22925 $ 200 $ 2,41800 $ 230 $ 2,77150 $ 215 $ 2,59875
D19 THE SIG CBL(TY A)(14 AWG)(4 GONER) 528 LF $ 300 $ 1,58400 $ 230 $ 1,21440 $ 263 $ 1,38864 $ 300 $ 1,58400 $ 200 $ 1,05800 $ 306 $ 1,61568
020 THE SIG CBL(TY A)G4 AWG)(5 GONER) 1,469 LF $ 300 $ 4,40]00 $ 265 $ 3,89285 $ 21 $ 4,02506 $ 400 $ 5,8]800 $ 302 $ 4,43838 $ 319 $ 468811
D21 THE SIG CBL(TY A)G4 AWG)(16 CCNDR) 592 LF $ 800 $ 3,55200 $ 520 $ 3,0]840 $ 784 $ 464128 $ 1800 $ 5,92800 $ 591 $ 3,498]2 $ 8 7 $ 5,19]]6
022 PED DETECT PUSH BUTT (APS) 8 EA $ 1,20800 $ 9,60800 $ 1,05800 $ 8,40800 $ 80880 $ 6,40840 $ 1,10800 $ 8,80800 $ 1,19543 $ 9,56344 $ 92850 $ ],43800
D23 PED DETECTOR CONTROLLER UNIT 1 EA $ 5,20800 $ 5,20800 $ 4,81800 $ 4,81800 $ 5,60800 $ 5,60800 $ 7,80800 $ 7,80800 $ 5,4]]98 $ 5,4]]98 $ 6,50800 $ 6,50800
024 RADAR CCM M UNI CATI CN CABLE 733 LF $ 460 $ 2,93200 $ 3.45 $ 2,52885 $ 364 $ 2,658.12 $ 560 $ 3,65500 $ 3.94 $ 2,88802 $ 423 $ 3,10859
D25 RVOS(PRESENCE DETECT CN ONLY) 4 EA $ 12,00800 $ 48,00800 $ 10,60800 $ 42,40060 $ 10,30400 $ 41,21800 $ 12,00800 $ 48,00800 $ 12,1211] $ 48,48468 $ 11,92]50 $ 4],]1800
C28 Allowance For U-Irticipatetl Trafic Signals Antl Streetlight 1 AL $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00
Improvements(MANDATORY)
SUBTOTALPARTD-TRAFFIC SIGNALS AND STREETLIGHTIMPROVEMENTS(It-Di $ 156,19]00 $ 142,604.50 $ 140,93843 $ 15],05500 $ 158,38272 $ 160,62842
thru D26)
PARTE-DRAINAGE IMPROVEMENTS(per SECTON 01 29 01 MEASUREMENTAND BASIS FOR PAYMENT)
E1 Mobifi-t (5%Max Part E) 1 LS $ 18,00800 $ 18,00800 $ .,,00800 $ .,,00800 $ 40,]9166 $ 40,]9166 $ 22,50800 $ 22,50800 $ 50,00800 $ 50,00800 $ 5],50593 $ 5.50593
E2 Remave E.-g G-- 11 EA $ 1,20800 $ 13,20060 $ 1,]2800 $ 18,920.00 $ 3,00800 $ 33,00800 $ 2,20800 $ 2420060 $ 1,50800 $ 16,50800 $ 1,30800 $ 14,30800
E3 Remave E-, 1 EA $ 1,20800 $ 1,20800 $ 1,]1800 $ 1,]1800 $ 5,58851 $ 5,58851 $ 2,10800 $ 2,10800 $ 2,00800 $ 2,00800 $ 1,62500 $ 1,62500
E4 Remove Exi5ing 15'RCP L-2 l 55 LF $ 6860 $ 3],8]800 $ 3200 $ 1],82400 $ 2320 $ 12,92240 $ 75 BR $ 41,]]500 $ 3860 $ 21,16800 $ 5888 $ 31,68216
E5 Remove Exi5ing 18"RCP La2ral 494 LF $ 6860 $ 33,59200 $ 4860 $ 23,71200 $ 2320 $ 11,460.80 $ 8800 $ 39,520.00 $ 4200 $ 20,748 00 $ 6867 $ 29,9]898
EB Remove Exi5ing 21'RCP La2ral 121 LF $ 6860 $ 8,22800 $ 75 BR $ 9,0]500 $ 5219 $ 6,31499 $ 75 BR $ 9,0]500 $ 4800 $ 5,56800 $ 6500 $ ],86500
E] Remove Exi5ing 21'CMP La2ral 43 LF $ 6860 $ 2,92400 $ 7800 $ 3,26800 $ 5220 $ 2,24460 $ 7800 $ 3,01800 $ 5400 $ 2,32200 $ ,BB $ 3,91300
E8 Remove Exi5ing 8"Curb and Gutter 4,317 LF $ 500 $ 21,58500 $ 860 $ 28,49220 $ 465 $ 20,11]22 $ 1200 $ 51,80460 $ 850 $ 41,01150 $ 910 $ 39,28470
=-Eountable CUN 2,95] LF $ 500 $ 14]8500 $ 860 $ 19,51820 $ 465 $ 13,]]862 $ 1160 $ 32,52]00 $ 5]0 $ 16,854.80 $ 85 $ 25,83]19
Hader CUN 196 LF $ 5 $ 98800 $ 395 $ 77420 $ 465 $ 91335 $ 1800 $ 1,96800 $ 820 $ 1,21520 $ 346] $ 8,]9532
8"RCP 2 EA $ 1,40800 $ 2,80800 $ 1,16800 $ 2,32800 $ 2,61449 $ 5,22898 $ 3,10800 $ 6,2800 $ 3,80800 $ 7,60800 $ 422500 $ 8,45800
The areas with bdid drd-mdlicate an error iI,an extension which did not aRect the low bid.
The totals regMetl herearethe Unit Price x Quantity.
The unit price shall govern over the am ount.
Page 4 of
TABULATION OF BIDS
TABULATEDBY:D.S-Jones,P.E.-Ad-Greup,Inc. ENGINEER'S ESTMATE:S5,766,ODO
BIDDATE:Wetlnestlay,February15,2023 TMEOFCOMPLETON:360Cale-Days
JE CONSTRUCTON SERVICES, ANDERSON COLUMBIA CO.,INC. JCARROLL WEAVER BAY,LID. BRIZO CONSTRUCTON CLARK PIPELINE SERVICES,LLC
CARROLL LANE-HOLLY ROAD TO DEAD END(BOND 2020) LLC
CITY PROJECT NO.21054
CHR -7 CORPUS
ITEM DESCRIPTON QW. UNIT UNITPRICEST CHR-AMOUNT UNITPRICEAM7N H HROUNT UNITPRICE AMOUNT UNITPRICEST.AMOUNT UNITPRICET� CHR-AMOUNT UNITPRICEAMOUNT
E12 18"Diameter RCP(Cl.111) 1,178 LF $ 178 DO $ 208,68400 $ 10700 $ 232,06800 $ 15885 $ 184,88]10 $ 21800 $ 247,38800 $ 21500 $ 253,27800 $ 23503 $ 276,86534
E13 24"Diameter RCP(Glass 111) 320 LF $ 16500 $ 52,80800 $ 20800 $ 66,88800 $ 16D 78 $ 51,44080 $ 10800 $ 60,80800 $ 24800 $ 76,80080 $ 30254 $ 06,81280
E14 Pipe Trench Safety 1,4D8 LF $ 800 $ 11,D84 DO $ 800 $ 1,34820 $ 560 $ 8,38880 $ 1500 $ 22,47800 $ 600 $ 13,48200 $ 65D $ 0,73700
E15 Headwall For l8"24"RCP 6 EA $ 11,00600 $ 66,00600 $ 4,86600 $ 20,16600 $ 3,678]0 $ 22,0]220 $ 8,50600 $ 51,00600 $ 4,60600 $ 27,60080 $ 3,21663 $ 10,208]8
E16 Headwall Fo r 48"RCP 2 EA $ 1400600 $ 28,00600 $ 15,20080 $ 30,40600 $ 3,02544 $ 7,85688 $ 12,00600 $ 24,00600 $ 8,30600 $ 16,60080 $ 11,70080 $ 23,40080
E17 DRch Repair New RCP lnstalla0on 223 SY $ 5880 $ 12,034.00 $ 6880 $ 15,16480 $ 7280 $ 16,234.40 $ 5500 $ 12,26500 $ 5200 $ 11,50680 $ 18850 $ 42,03550
E18 Cannell to Existing CU N Inlet 7 EA $ 1,40600 $ 0,80600 $ 2,48600 $ 17,36080 $ 3,15841 $ 22,1088 $ 2,75600 $ 10,25600 $ 3,00600 $ 21,00600 $ 422500 $ 20,57500
E10 Can-to Existing 6'X6Box Culvert 5 EA $ 1,40600 $ 7,00600 $ 3,80600 $ 10,45600 $ 3,13180 $ 15,65845 $ 3,00600 $ 15,00600 $ 4,50600 $ 22,50600 $ 5,2!1600 $ 26,00080
E2D Patch Exi5ing 6'X6'Box Culvert 1 EA $ 1,40600 $ 1,40600 $ 3,83600 $ 3,83600 $ 0,53741 $ 0,53741 $ 8,00600 $ 8,00600 $ 400600 $ 400600 $ 1,04600 $ 1,04600
E21 5'G-Inlet 16 EA $ 5,30600 $ 8480600 $ 6,07600 $ 111,52600 $ 4,83638 $ 77,28808 $ 6,30600 $ 100,80600 $ 8,00600 $ 128,00600 $ 5,471]0 $ 87,5472!1
E22 4'X4'Standard Po5lnlet 1 FA $ 6,00600 $ 6,00600 $ 7,68600 $ 7,68600 $ 10,185 DO $ 10,185 DO $ 6,20600 $ 6,20600 $ 12,00600 $ 12,00600 $ 7,03560 $ 7,03560
E23 6'X4'Type'C'J un.Oon B.-an hcle(J&1) 1 EA $ 1400600 $ 1400600 $ 15,06000 $ 15,00600 $ 13,02257 $ 13,02257 $ 11,00080 $ 11,00600 $ 30,00600 $ 30,00600 $ 10,81600 $ 10,81600
E24 6'X6'Type'D'J un.Oan Box Wl4'X4'P031 n1 et Top 2 EA $ 17,00600 $ 34,00080 $ 10,16000 $ 38,20080 $ 25,00600 $ 50,00600 $ 16,00600 $ 32,000.00 $ 35,00600 $ 70,00600 $ 13,72410 $ 27,4482!1
E25 Standard 4'Oiam_Type'A'-hole 2 EA $ 7,20600 $ 1440080 $ 7,65600 $ 15,30080 $ 20,00600 $ 40,00600 $ 4,50600 $ 0,00600 $ 12,50080 $ 25,00600 $ 7,20460 $ 144002!1
E26 Stormwater Structure Trench Safety 42 EA $ 30600 $ 12,60080 $ 7600 $ 2,04600 $ 56600 $ 23,52600 $ 75600 $ 31,50080 $ 58600 $ 2436000 $ 65600 $ 27,30080
E27 Stand and 6"Curb&Gutter 7,702 LF $ 2880 $ 215,65600 $ 2700 $ 207,05400 $ 2616 $ 155,27232 $ 3180 $ 238,76200 $ 1400 $ 107,82800 $ 3120 $ 24R30240
E28 Reverse G- 51 LF $ 2880 $ 1,42800 $ 36.00 $ 1,83600 $ 20.16 $ 1,02816 $ 00.00 $ 450600 $ 2880 $ 1,42800 $ 5200 $ 2,65200
E2D Concrete Flume 241 SF $ 5880 $ 11 D78 $ 2200 $ 5,30200 $ 2812 $ 7,01702 $ 4300 $ 10,363 DO $ 23.00 $ 5,54300 $ 5525 $ 13,31525
E31 Allowance For U-ticipatetl Drainage Improvements 1 AL $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600 $ 25,00600
(MANDATORY)
SUBTOTAL PART E-DRAINAGE IMPROVEMENTS(Items Elthru E30) $ 076,6m V) $ 1,01400180 $ 802,88180 $ 1,164,05180 $ 1,061,80660 $ 1,207,62445
PARTF-WATER IMPROVEMENTS(per SECTION 01 2901 MEA SUREMENTAND BA SIS FOR PAYMENT)
F1 Mobgization(5%Max.Pt A) I LS $ 60,00600 $ 60,00600 $ 56,00600 $ %,00600 $ 25,73301 $ 25,73301 $ 27,40080 $ 27,40080 $ 60,00600 $ 60,00600 $ 50,30630 $ 50,30630
F2 Remove Paisting 8"ALP Waterline 2.105 LA $ 6180 $ 128,40500 $ 5700 $ 110,085 D0 $ 1680 $ 35,36480 $ 8600 $ 168,40600 $ 5600 $ 117,88600 $ 6187 $ 130,44685
F3 Remove Paisting 6"ALP Waterline 2.135 LA $ 7600 $ 140,45600 $ 6500 $ 138,77500 $ 1680 $ 35,86880 $ 7500 $ 16D,12500 $ 6500 $ 138,77500 $ 6600 $ 130,02150
F4 Remove and Salvage Paisting Aire Hydrant 4 EA $ 2,10600 $ 8,40600 $ 1,30600 $ 7,86600 $ 7,43400 $ 20,73680 $ 1,44600 $ 5,76600 $ 2,00600 $ 8,00600 $ 800.15 $ 3,20660
F5 8"Dia.C900 PVC Waterline(DR 18) 2.209 LA $ 12180 $ 267,28600 $ 11200 $ 247,40800 $ 8654 $ 101,16686 $ 0880 $ 216,48200 $ 11500 $ 25403500 $ 10404 $ 231,81246
F6 8"Dia.DIP Waterline(CL350) 1.225 LA $ 24500 $ 300,12500 $ 228 DO $ 270,30600 $ 11252 $ 137,83700 $ 16300 $ 100,67500 $ 22600 $ 276,85600 $ 15880 $ 10464025
F7 T-h Safety Cor Waterlines 3.434 LA $ 500 $ 17,17600 $ 52D $ 17,85680 $ 560 $ 10,23640 $ 800 $ 27,41. $ 52D $ 17,85680 $ 3. $ 13,30260
FB 8"bale Valve&Box 29 - $ 3,00600 $ 87,00600 1 2,78600 1 80,620.00 $ 3,53516 $ 102,51664 $ 3,70600 $ 107,30600 $ 2,80600 $ 81,20080 $ 2,31633 $ 67,26657
FD 8"XS"Tee 15 - $ 1,10600 $ 16,50080 1 1,00600 1 15,00600 $ 1,33685 $ 20,05275 $ 82600 $ 12,30080 $ 1,00600 $ 15,00600 $ 84248 $ 12,6372!1
^The areas with bdid bortlers and icate an error in an extension which did not aRect the low bid.
The totals regMetl herearethe Unit Price x Quantity.
The unit price shall govern over the.ount.
Page 5 of 7
TABULATION OF BIDS
TABULATEDBY:D.S---P.E.-d--up,Inc. ENGINEER'S ESTMATE:S5,166,O
BIDDATE:Wetln d y,February15,2023 TMEOFCOMPLETON:360Calen Days
JE CONSIRUCTON SERVICES, ANDERSON COLUMBIA CO.,INC. JCARROLL WEAVER BAY,LID. BRIZO CONSIRUCTON CLARK PIPELINE SERVICES,LLC
CARROLL LANE-HOLLY ROAD TO DEAD END(BOND 2020) LLC
CITY PROJECT NO.21054
CHR -7 CORPUS 7.17 CORPUS
ITEM DESCRIPTION QW. UNIT UNITPRICEST CHR AMOUNT UNITPRICEST AMOUNT UNITPRICE N H HR AMOUNT UNITPRICEST.AMOUNT UNITPRICETOV HAMOUNT UNITPRICECHR ST AMOUNT
F10 8"45 ERg Bend 102 EA $ ]DDDR $ 11,400.00 $ 657 00 $ 67,014 DD $ 1,05827 $ 1D8,D4554 $ 41900 $ 47,840 DD $ ]DDDR $ 11,40060 $ 539.12 $ 54,88024
F11 8"X6"Reduces 11 EA $ 62900 $ 6,82900 $ 571 DR $ 6,28100 $ 1,14]82 $ 12,62662 $ 45900 $ 4,85900 $ 60900 $ 6,60900 $ 61081 $ 6,]1881
F12 8"Cap 15 BA $ 56900 $ 8,40900 $ 518 DD $ ],]8500 $ .3 78 $ 14,808]0 $ 25500 $ 3,82500 $ 55900 $ 8,25800 $ 48218 $ ],23285
F13 Ty.I pile Hydrant Ably 12 BA $ 11,0 DR $ 132,00900 $ 10,300.00 $ 123,60900 $ 8,65441 $ 115,85282 $ 8,55900 $ 114,60900 $ 11,0 DR $ 132,00900 $ 6,68852 $ 8(1,38224
F14 Connect To Faiafig 6"ACP Waterline 11 BA $ 5,00800 $ 55,000.00 $ 4,61900 $ 51,31900 $ 2,2D5 7R $ 24,262]0 $ 4,50900 $ 48,500.00 $ 4,10900 $ 51,10060 $ 1,]8533 $ 19,14863
F15 Connect To Faiafig 8"ALP Waterline 1 EA $ 6,809DR $ 6,809DR $ 6,389DR $ 6,389DR $ 2,35884 $ 2,35884 $ 6,10900 $ 6,10900 $ 6,40900 $ 6,40900 $ 1,83588 $ 1,93598
F16 Temporary Water Connections 3 BA $ 12,000.00 $ 36,000.00 $ 10,100.00 $ .,1 DDDR $ 2,11310 $ 6,33830 $ 6,809DR $ 20,100.00 $ 10,100.00 $ .,1 DDDR $ 8,55518 $ 25,66551
F17 Relocate Faiafi g Water Meter I BA $ 3,209 00 $ 3,209 00 $ 2,84900 $ 2,84900 $ 2,11221 $ 2,11221 $ 3,10900 $ 3,10900 $ 3,00900 $ 3,00900 $ 1,28841 $ 1,28841
F18 Neav Water Service(Short) 1 BA $ 3,80900 $ 3,80800 $ 3,51800 $ 3,51800 $ 3,58262 $ 3,58262 $ 3,60800 $ 3,60800 $ 3,50800 $ 3,50800 $ 1,51281 $ 1.11281
F18 Allowaore Far Uoaotiripated Water Improeements 1 AL $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25.000.00
ATORY
SUBTOTAL PARTF-WATER IMPROVEMENTS(Items Fl thru F19) is 1,382,859 DD $ 1,288,85480 $ 812,60551 $ 1,2D5,429 DR $ 1,308,54580 $ 1,058336]0
PARTG-WASTEWATER IMPROVEMENTS(per SECTON 01 29 01 MEA SUREMENTAND BASIS FOR PAYMENT)
G1 MobiIII-1.,(5%Max Part G) 1 IS $ 12,000.00 $ 12,000.00 $ 12,50900 $ 1250900 $ 15p0900 $ 15p09 $ 11 p0900 $ 11 p09 $ 1400900 $ 14,000.00 $ 18,12488 $ 18,12488
G2 Rem E.8"VCP WWL D D12Depth) 115 LF $ 5500 $ 6,44900 $ 5500 $ 6,44D DD $ 180 $ 8,31200 $ 65 DD $ 1,415 DD $ 5160 $ 5,865 DD $ 154.16 $ 11,12840
G3 8"SOR26 PVCVV DD12'Depth) 115 LF $ 31500 $ 36,22560 $ 31200 $ 35,88900 $ 28900 $ 32,20060 $ D. $ 43,10060 $ 28900 $ 32,20060 $ 18311 $ 22,21665
G4 Pipe Trench Safety 115 LF $ mDD $ 4,31900 $ 3]00 $ 4,255 DD $ 336D $ 3,864 DD $ 43DD $ 4,845 DD $ 35 DD $ 4,025 DD $ 455D $ 5,2325D
G5 Trensb Safety for Wastewater M an bele 1 EA $ 2,00900 $ 2,00900 $ 2,00900 $ 2,00900 $ 1,1820 $ 1,1820 $ 2,25900 $ 2,25900 $ 1,80900 $ 1,80900 $ 1,43900 $ 1,43900
G6 12"VCR Pipebur-g 380 LF $ 21500 $ 8385900 $ 20900 $ 18,000.00 $ 11920 $ 68,88800 $ 25900 $ 81,500.00 $ 18900 $ 10,200.00 $ 30833 $ 118,46810
G1 8"VCR P,-g 143 LF $ 18900 $ 2,11900 $ 18160 $ 25,883DD $ 16240 $ 23,2232!1 $ 225 DD $ 32,11500 $ 11900 $ 2431900 $ 31200 $ 44,61600
G8 Remove Exi5ing WWManhc D2'Deep) 1 EA $ 1,80900 $ 1,80900 $ 1,81900 $ 1,81900 $ 1,68900 $ 1,68900 $ 2,20900 $ 2,20900 $ 1,10900 $ 1,10900 $ 380900 $ 380900
G9 FIG Lin Manhole Rehab 5 EA $ 15,000.00 $ 15,000.00 $ 15,60060 $ 18,D09DD $ 14000.00 $ 1D,D09DD $ 18,D09DD $ .,D.DD $ 14000.00 $ 1D,D09DD $ 11,38322 $ 86,86510
G1D 4'Dia Fberglass-hole(<6'Depth) 1 FA $ 1300060 $ 13000.00 $ 11,50060 $ 11,50060 $ 15,68900 $ 15,68900 $ 20,000.00 $ 20,000.00 $ 16,D09DD $ 16,D09DD $ 12,62910 $ 12,62910
G11 EA,Depth for 5'Di ahole(aer 6'Depth) 6 VF $ 1,20900 $ 1,20900 $ 1,12900 $ 6,ID DD $ 1,00800 $ 6,D48DD $ 1,30900 $ 1,80900 $ 1,10900 $ 6,60900 $ 482]60 $ 2356560
G12 8"Dmp Structure 2 EA $ 400900 $ 300900 $ 4,00900 $ 300900 $ 3,584 DD $ 1,16800 $ 4,60900 $ 8,20900 $ 3,60900 $ 1,20900 $ 4,11238 $ 8,22418
G13 Cut and Cap Eu3ing 1P'CIP Wastewater Force Main 8 EA $ 2,80900 $ 22,400.00 $ 2,15900 $ 22,000.00 $ 2,464 DD $ 18,11200 $ 320900 $ 25,60060 $ 2,46283 $ 18,10264 $ 2,10123 $ 21,60984
G14 Allowance For Unanticipatetl Wastewater Improvements 1 AL $ 25,00060 $ 25,000.00 $ 25,00060 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00
(MANDATORY)
SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(items Gl thru G14) $ 330,455 DD $ 324,04860 $ 299,62120 $ 318,845 DD $ 298,60264 $ 411,11255
The areas with-d!-d-md1icate an error in an extension which did not aRect the low bid.
The totals reherearethe Unit Price x W antiry.
The -h.li unit price shall 0overn over the am Dunt.
Page 6 of
TABULATION OF BIDS
TABULATEDBY:D.S-Jones,P.E.-Artluma Greup,Inc. ENGINEER'S ESTIMATE:S5,766,-
BIDDATE:Wetlnestlay,February15,2023 TIMEOFCOMPLETION:360Cale-Days
JE CONSTRUCTION SERVICES, ANDERSON COLUMBIA CO.,INC. JCARROLL WEAVER BAY,LTD. BRIZO CONSTRUCTON CLA RK PIPELINE SERV ICES,LLC
CARROLLLANE-HOLLYROADTODEADENDIBOND2020) LLC
CITY PROJECT NO.21056
ITEM DESCRIPTION QTY. UNIT UNITPRICECHR SP AMOUNT UNITPRICECHR SP AMOUNT UNITPRICE N H AMOUNT UNITPRICEH ISTI.AMOUNT UNITPRICET� AMOUNT UNITPRICECHR STI AMOUNT
PARTH-GAS IMPROVEMENTS(—SECTION 01 29 01 MEP SUREMENTAND BASIS FOR PAYMENT)
H1 Mobili-fi-(5%Max.Pmt H) 1 1 1 LS $ 1,00800 $ 1,00800 $ 1,]4800 $ 1,74800 $ 50800 $ 50800 $ 1,25800 $ 1,25800 $ 2,00800 $ 2,00800 $ 85564 $ 85564
H2 T-h-dBacldilJ(r T'Gaa Live ]21 1 LF IS 34.00 $ 24,51400 $ 5200 $ 37,49200 $ 3800 $ 21,63800 $ 4800 $ 28,84800 $ 7500 $ 54,0]500 $ 1880 $ 12,11280
H3 Allowaore Far Uoaoticipated G-ldbpravemeots 1 AL Is
5,00800 $ 5,00800 $ 5,00800 $ 5,00800 $ 5,00800 $ 5,00800 $ 5,00800 $ 5,00800 $ 5,00800 $ 5,00800 $ 5,00800 $ 5,00800
ATORY
,SUBTOTALPARTH-GASIMPROVEMENTS(ltems Hlthru H3) $ 30,51400 $ 44,23200 Is 2],13800 $ 35,09800 $ 61,0]500 $ 1],968.44
BID SUMMARY
PARTA-GENERAL(ltems Al thru A19)
$ 33831900 3 81941685 $ 81 7,N3 $ 48982500 $ 53350920 $ ]23641]9
PARTB-STREET IMPROVEMENTS(ltems B1 thru B45)
$ 1,782,285 00 $ 155394995 $ 20481]9.18 $ 1898134.]5 $ Z-415 85 $ 237909592
PART -ADA IMPROVEMENTS(ltems Cl thru C])
$ 502 41900 $ 354 061 80 $ 45]]6949 $ 4.,- $ 289]4800 $ 5]6 50969
PARTD-TRAFFIC SIGNALS AND STREETLIGHT IMPROVEMENTS Iltems D1 thru D26I
$ 15619700 $ 14260450 $ 14093843 $ 15705500 $ 15838272 $ 16062842
PART E-DRAINAGE IMPROVEMENTS(it.s E1 thru E30)
$ 976634,00 5 101490180 $ 89288190 $ 1,164,-00 $ 1061890.60 $ 120]62445
PART F-WATER IMPROVEMENTS(it.s F1 thru F19)
E 1382859.00 F_l
288954.80 $ 91260551 $ 120542900 $ 1309546.80 1
1058336.]6
PARTC-WASTEWATER I MPROVEMENTS Iltem s Gl thru GI G) $ 338455.00 32404800 $ 29962]20 $ 3]884500 $ 29860264 $PARTH-GA S IMPROVEMENTS Iltem s Hl thru H3) $ 3051400 4423200 $ 2713800 $ 35090.00 $ 610]500 $ 1]96844
TOTAL PROJECT BASE BID NO.1 IPARTS A thru H)
S 5,699,682.00 11 S 5,552,169.]0 $ 5,596,217.11 $ 5,819,359.75 $ 6,053,162.81 $ 6,511,5]0.02
$ 2,-,22De6
The areas with boltl bortlers mdlicate an error m-extension which did not aRect the low bid.
The totals re6Metl herearethe Unit Price x Quantity.
The unit price shall 0ovem over the am ount.
Page 7 of 7
Capital Improvement Plan 2023 thru 2025
City of Corpus Christi, Texas
r
Project# 21054
Project Name Carroll Lane(Holly to Dead End)
Type Reconditioning-Asset Longevity Department Public Works
Useful Life 25 years Contact Director of Public Works
Category Street-Rehabilation Priority 2 Critical-Asset Condition\longevity
Status Active
Description �►-
Reconstruction of existing 2-lane roadway on both sides of the drainage right-of-way with new pavement,sidewalk repairs,curb and gutters,
installation of ADA compliant curb ramps,signage,pavement markings,and upgraded additional street illumination.This project is currently
scheduled to begin construction in FY2023 and continue until completed.Schedules may be adjusted after design is completed or during
annual CIP update.
Justification
This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving
experience.
Expenditures Prior Years 2023 2024 2025 Total
Construction/Rehab 1,800,000 400,000 2,200,000
Design 379,369 379,369
Storm Water-St. 145,800 1,753,069 1,898,869
WasteWater-St 32,180 1,023,180 1,055,360
Water-St. 121,000 924,500 1,045,500
Gas-St. 11,622 201,100 212,722
Eng,Admin Reimbursements 31,071 625,240 20,631 676,942
Total 721,042 6,327,089 420,631 7,468,762
Funding Sources Prior Years 2023 2024 2025 Total
G.O.Bond 2020 379,369 2,000,000 420,631 2,800,000
Revenue Bonds 341,673 4,327,089 4,668,762
Total 721,042 6,327,089 420,631 7,468,762
Budget Impact/Other
There is no projected operational impact with this project,at this time.Once the project is completed it will be added to the Street Preventative
Maintenance Program.
187
Corpus Christi
Engineering
Carroll Lane
(Holly Road to Dead End)
Council Presentation
April 18, 2023
opus CH
Y x Vicinity •
Y
Engineering
y ,F 4S y
.„ .�..r.- • I
Carroll West Carroll Entrance
f
die
Carroll East
• fir i i4u �,$.+. , l4
CARROLLLANE CITY COUNCIL EXHIBIT.
FROM HOLLY RD TO DEAD END
�m
Vicinity Map
Corpus Chr sti
Engineering
CARROLL LANE
T x (HOLLY ROAD TO DEAD END) o
BOND 2020 ARDURRA
1 = PROJECT NO.21054 0 "-
CRESTHILL DR 1�
VAHALLA DR CRESTDALE DR CRESTSIDE DR PANGANI DR CRESTVILLE DR
a 1 � Sidewalks �._.—
cle lane
Bicy
----- -- - -...- - Car�o -
-- -
Off.road � Fest
Future off-roadmulti-use trail = s o 5
0
- multi-use trail Carroll'
�.T. T..,
Ilk, r zrroll Eneiancel 0
GRASSMEREQR � � CRESTBROOK CT cnxau I LMEMENDEN c Bi
c cle lane
i HALL R PROSPER DR BEAUREGARD DR
Sidewalks
Construction Project� Corpus Chr sti
Engineering
This motion awards a construction contract with JE Construction Services
LLC., Corpus Christi, Texas for complete reconstruction of Carroll Lane
from Holly Road to Dead End. The existing roadway will be demolished
and rebuilt with new asphalt pavement, curb and gutter, sidewalks, ADA
compliant curb ramps, signage, pavement markings, traffic signals, bike
lanes, and streetlight improvements. In addition to surface improvements,
the Project includes stormwater, water, wastewater, and gas
infrastructure improvements.
Biccle Lane Exam le Engin ering
Y p
ONE—WAY CYCLE TRACK, BOTH SIDES ••
1'(minimum)buffer between back of sidewalk and ROW limit
5'(minimum)ADA compliant sidewalk
T
a
�g
�' ���� faroeptb Grmll We reflects rewp[u i bsb lbllY
me
• gawp ed ree[wtM(approa.>'[atap ssgl[evrnNOetween
�'tii`; Ca Je f reet.Wthcurbsm dimaadtflulfd Wdtha(
reMtwdp,,*hglaw
tt gemairfeg Prkire coulA be altema[e vdesd tle street eserY 21
'id w� blorksrowateadviod,gandtnMcralmhgetfeat
2'(min.)landscape buffer at back of curb
5'(min.)1-way cycle track dfferentiated from sidewalk by color or texture
No physical separation(possibly painted stripe)between cycle track and sidewalk
5
Project Schedule
Corpus Chr sti
Engineering
2021 - 2023 1 2023- 2024
July - December January -April May- May
Design Bid/Award Construction
Projected Schedule reflects City Council award in
April 2023 with anticipated completion in May 2024.
,mus c
o
t AGENDA MEMORANDUM
First Reading for Ordinance for the City Council Meeting of April 18, 2023
1852 Second Reading for Ordinance for the City Council Meeting of April 25, 2023
DATE: April 11, 2023
TO: Peter Zanoni, City Manager
FROM: Wendy Herman, Sr Intergovernmental Relations Coordinator
wendyh1(a)cctexas.com
361.826.3179
Acceptance of 2023 Texas Defense Economic Adjustment Assistance Grant Program
in an amount of$1,611,159
for DEAAG — NASCC Wastewater & Manholes
CAPTION:
An ordinance accepting a $1,611,159.39 grant from the Office of the Governor from the Texas
Military Preparedness Commission for the Defense Economic Adjustment Assistance Grant
(DEAAG) with a cash match of$387,000 appropriating $1,611,159.39 from the Community
Development Grant Fund to provide funding for wastewater collection system line and manhole
replacement in support of Naval Air Station Corpus Christi; and amending the FY2023 Capital
Budget.
SUMMARY:
To receive the Defense Economic Adjustment Assistance Grant (DEAAG) program funds, the
State of Texas requires award recipients to sign Grant Agreements identifying the recipient's
responsibilities and the State's responsibilities. An appropriation of$387,000 will be made from
3543-Texas Military Preparedness Commission (TMPC CO) to fund the City's match for the
project. Reimbursement grant funds will be deposited into the 1072-Community Development
Grant Fund for the NASCC Wastewater System & Manhole Replacement Project. The City FY
2022-2023 Capital Budget will be amended to increase expenditures by $1,998,159.00
BACKGROUND AND FINDINGS:
On November 13, 2022, the City of Corpus Christi was awarded a grant from the State of Texas
totaling $1,611,159 to replace the failing and deteriorating wastewater system and manholes at
NASCC. 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 a past or future Base Realignment and Closure action
have impacted.
The project proposes to replace approximately 4,948 linear feet (LF) of severely deteriorating
Page 1 of 2
vitrified clay pipe (VCP) wastewater collection lines with new modern poly/composite material
wastewater collection lines at Naval Air Station Corpus Christi (NASCC). NASCC also prioritized
replacing approximately 19 broken and deteriorating wastewater collection manholes and
adding two additional manholes (total of 21) with elevated access to address inflow into the
sanitary sewer system during rain events to become compliant with the Department of
Defense's Unified Facilities Criteria for Wastewater Collection and Treatment.
PROJECT COST DOLLARS PERCENTAGE
LEVERAGE
DEAAG $ 1,611,159 40.30%
Federal $ 2,000,000 50%
CITY OF CORPUS CHRISTI $ 387,000 9.7%
ALTERNATIVES:
The council may choose not to approve the grant agreements, and the TMPC will reallocate the
funds to other defense communities in Texas.
DEPARTMENTAL CLEARANCES:
Budget, City Manager, Engineering, Finance, Legal
FISCAL IMPACT: Accepting the grant will provide $1,611,159 to complete NASCC Wastewater
System & Manhole Replacement Project. The City of Corpus Christi will provide a match of
$387,000, covering engineering services and grant administration for the project.
Funding Detail:
Fund: 3543 TMPC CO Fund
Department: Intergovernmental Relations (19)
Project: DEAAG — NASCC Wastewater & Manholes (Project No. 23085)
Activity: 23085
Amount: $387,000
Fund: 1072 Community Development Grant Fund
Activity: 870110S
Department: Intergovernmental Relations (19)
Amount: $1,611,159
RECOMMENDATION:
Staff recommends approval of the grant agreement.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Award Letter for DEAAG — NASCC Wastewater & Manhole Project
DEAAG - NASCC Wastewater & Manhole Project Grant Agreement
Page 2 of 2
Ordinance accepting $1,611,159.39 grant from the Office of the Governor from the
Texas Military Preparedness Commission for the Defense Economic Adjustment
Assistance Grant (DEAAG) with a cash match of $387,000.00; appropriating
$1,611,159.39 from the Community Development Grant Fund to provide funding for
wastewater collection system line & manhole replacement in support of Naval Air
Station Corpus Christi; and amending the FY2023 Capital Budget.
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 all documents necessary to
accept a grant totaling $1,611,159.39 from the State of Texas Office of the Governor from the
Defense Economic Adjustment Assistance Grant (DEAAG) with a cash match of $387,000, to
provide funding for wastewater collection system line & manhole replacement in support of Naval
Air Station Corpus Christi.
SECTION 2. Funds in the amount of $1,611,159.39 from the Community Development Grant
Fund No. 1072 are appropriated for wastewater collection system line & manhole replacement in
support of Naval Air Station Corpus Christi.
SECTION 3. The City Manager or designee is authorized to execute any future amendments to
the Contract which extend the contract period or increase or decrease the amount of the grant.
SECTION 4. The Corpus Christi FY2022-2023 Capital Budget adopted by Ordinance No. 032856
is amended to add the Naval Air Station Corpus Christi wastewater collection system line &
manhole replacement project and to increase expenditures by $1,998,159.00.
SECTION 5. A copy of the executed grant shall be filed in the office of the City Secretary.
1
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2023, by the following vote:
Paulette Guajardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
PASSED AND APPROVED on this the day of , 2023.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
2
ASL Off'
GOVERNOR GREG ABBOTT
November 15, 2022
Ms. Tammy Embrey
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Dear Ms. Embrey
I am pleased to announce that the Texas Military Preparedness Commission in my office
voted to award the City of Corpus Christi a Defense Economic Adjustment Assistance Grant
in the amount of$1,611,159.00 for a wastewater collection system line & manhole
replacement in support of Naval Air Station Corpus Christi.
The State of Texas places a high value on military installations and the defense communities
that support them. The 15 military installations in Texas, along with Army Futures
Command, have an impact of over $114 billion on the Texas economy. We look forward to
watching this project develop and we will continue to support the U.S. Navy as an
instrumental part of the military community in Texas.
Please reply to this correspondence with a letter, sent to Keith Graf, Executive Director of
the TMPC, informing my office whether the City of Corpus Christi accepts or rejects the
grant award. If the City of Corpus Christi accepts the grant award, TMPC staff will work
with your designated point of contact to bogin processing ''che grant award and executing an
agreement detailing the grant's required terms and conditions.
Thank you for supporting your local military installation.
Sincerely,
Greg Abbott
Governor
GA:kgd
POST OFFICE Box 12428 AUSTIN,TEXAS 78711512-463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES
AGREEMENT FOR THE
DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT
BETWEEN THE
OFFICE OF THE GOVERNOR,
TEXAS MILITARY PREPAREDNESS COMMISSION
AND
CITY OF CORPUS CHRISTI
DEAAG NO. 2022-02-10
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness
Commission ("OOG" or "Grantor"), and the City of Corpus Christi ("Grantee"). The OOG and
Grantee are referred to collectively as the "parties." The parties hereto have severally and
collectively agreed and by the execution of this Agreement are bound to the mutual obligations
and to the performance and accomplishment of the tasks described herein.
SECTION 1. PURPOSE. This Grant is awarded pursuant to Chapter 436 of the Texas
Government Code, which authorizes the OOG to administer the Defense Economic Adjustment
Assistance Grant ("DEAAG") program. The DEAAG program provides state funds to defense
communities that have been or may be affected by a base realignment and closure action for the
purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and
the purchase or lease of equipment, including equipment for the training of defense workers.
SECTION 2. TERM OF AGREEMENT. The term of this Agreement commences on the date
of last signature below("Effective Date") and terminates upon the completion of the Grant Project
as described herein, or at 5:00 P.M. on the last business day before the second anniversary of the
Effective Date, whichever occurs first, unless terminated earlier pursuant to Section 16 of this
Agreement.
SECTION 3.PROJECT REQUIREMENTS. Consistent with Sections 436.202 and 436.203 of
the Texas Government Code, grant proceeds may be used for the purchase of property, new
construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital
equipment or facilities insurance, and if applicable,to purchase or lease equipment to train certain
defense workers. Subject to the requirements of applicable law and this Agreement, Grantee may
use grant proceeds as cost reimbursement for certain actual, reasonable, and allowable costs that
are directly allocable to the project described in Exhibit A (Grant Budget), Exhibit B (Grant
Narrative) of this Agreement, and Grantee's DEAAG Grant Application (collectively, the "Grant
Proj ect").
Page 1 of 32
SECTION 4. OBLIGATIONS OF THE OOG.
4.1. The OOG shall reimburse Grantee for the actual, reasonable, and allowable costs incurred
by Grantee during the term of this Agreement, subject to the requirements and limitations set forth
in this Agreement. The OOG shall reimburse Grantee only for costs that are directly allocable to
the Grant Project as determined by the OOG,in its sole discretion, in accordance with Chapter 436
of the Texas Government Code, the DEAAG Administrative Rules (Title 1, Part 1, Chapter 4,
Subchapter B, Texas Administrative Code), this Agreement, and the Grant Budget, and in
conformity with the Texas Grant Management Standards ("TxGMS").
4.2. The OOG shall not be liable to Grantee for any costs incurred by Grantee that are not
strictly in accordance with the terms of this Agreement.
SECTION 5.MAXIMUM AMOUNT OF GRANT.Notwithstanding any other provision of this
Agreement, the total of all grant reimbursement payments and other obligations incurred by the
OOG under the terms of this Agreement shall not exceed ONE MILLION SIX HUNDRED
ELEVEN THOUSAND ONE HUNDRED FIFTY NINE DOLLARS AND NO CENTS
($1,611,159.00). The parties stipulate and agree that any act, action or representation by either
parry,their agents or employees that purport to increase the liability of the OOG is voidable by the
OOG, unless this Agreement is amended to increase the liability of the OOG.
SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT.
6.1. Grant funds may be used only for the actual, reasonable, and allowable costs incurred
during the term of this Agreement and that are directly allocable to the Grant Project. Grant funds
may not be used for the payment of taxes, overhead, debt repayment, indirect expenses, or
administrative expenses.
6.2. All grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of
this Agreement. Only costs that have been incurred and paid by Grantee are eligible for
reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee
or sub-grantee.
6.3. In no case shall the payments made to a Grantee exceed the actual, reasonable, and
allowable costs that are directly allocable to the Grant Project costs as identified in the Grant
Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement.
6.4. Pre-term costs incurred prior to the Effective Date of the Agreement are allowable only
with the written approval of the OOG and only to the extent to which they would have been
allowable if they had been incurred during the term of this Agreement.
6.5. The OOG will not pay any costs not allowed under Chapter 436 of the Texas Government
Code, the DEAAG Administrative Rules (Title 1, Part 1, Chapter 4, Subchapter B, Texas
Administrative Code), this Agreement, the Grant Budget, and other applicable law.
Page 2 of 32
6.6. Grantee agrees to comply with all applicable state and federal laws, rules and regulations,
directives, guidelines, or any other authorities relevant to the performance of Grantee under this
Agreement as they currently exist and as amended throughout the term of this Agreement. Grantee
agrees to comply with applicable laws, executive orders, regulations, and policies, as well as
Chapter 783 of the Texas Government Code and the TxGMS or the successor to the TxGMS. The
OOG reserves the right, in its sole discretion,to unilaterally amend this Agreement throughout the
term of this Agreement to incorporate any modifications necessary for the OOG's compliance, as
an agency of the State of Texas, with all applicable state and federal laws, regulations,
requirements, and guidelines.
6.7. Grantee agrees to comply with the Uniform State Grant Assurances as set forth in
Exhibit C.
SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. All of the following
conditions precedent must be met to the satisfaction of the OOG prior to any reimbursement
payments:
7.1. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the
actual, reasonable, and allowable costs that are directly allocable to the Grant Project costs
described in the Grant Budget.
7.2. Before the OOG will make a reimbursement payment, Grantee must submit, and the OOG
must approve, a reimbursement request as set forth in Section 8 of this Agreement.
7.3. The OOG will not consider requests for the reimbursement of expenditures Grantee incurs
after the Term of Agreement has expired or terminated, as set forth in Section 2. The total amount
already disbursed plus the amount requested shall not exceed the Maximum Amount of Grant set
forth in Section 5 of this Agreement.
7.4. Grantee must be in compliance with all terms of this Agreement.
7.5. Grantee must have supplied to the OOG all reports, documentation, or other items that the
OOG requires or has requested.
SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS.
8.1. Requests for Reimbursement. Grantee's reimbursement requests shall be submitted to
the OOG in the form and manner approved by the OOG and shall specify the detailed and total
expenses for the reimbursement request ("Request for Reimbursement"). All Requests for
Reimbursement must be timely submitted to the OOG in accordance with the schedule and
requirements set forth in Section 8.5 of this Agreement.
Grantee's Requests for Reimbursement and required documentation shall be submitted directly to:
tmpc@gov.texas.gov
Page 3 of 32
Or by mail to:
Office of the Governor
Texas Military Preparedness Commission
P.O. Box 12428
Austin, Texas 78711
8.2. Required Documentation.Each Request for Reimbursement Grantee submits to the OOG
must include:
(1) the identification of the specific OOG Agreement;
(2) Grantee's federal tax identification number;
(3) the name and division of the OOG contact;
(4) a description of the services, costs, and/or expenses, and the dollar amount
attributable to each;
(5) the name of the entity or person providing the service and the costs charged by
such entity or person;
(6) an itemization of charges with sufficient detail to permit the OOG to determine if
the costs are allowable; and
(7) documentation of proof of payment, as specified in Section 8.3.
Each item of expenditure shall be specifically attributed to the eligible Grant Project cost category
as identified in the Grant Budget. By submission of a Request for Reimbursement, Grantee is
warranting that (1) all invoices have been carefully reviewed to ensure that all invoiced services
or goods have been performed or delivered; (2) the services or goods have been performed or
delivered in compliance with all terms of this Agreement; (3) the amount of each new invoice
added together with all previous invoices does not exceed the Maximum Amount of Grant as stated
in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are
reasonable, necessary, and supported by included documentation.
8.3. Documentation of Proof of Payment. Requests for Reimbursement must include
documentation of proof of payment as evidence of actual expenditures. Acceptable proof of
payment includes,but is not limited to, a receipt or other documentation of a paid invoice showing
zero balance due,a monthly bank statement evidencing payment of the specific expenditure, copies
of endorsed/processed check, or a printed copy of an electronic payment confirmation evidencing
payment of the specific expenditures to which the reimbursement relates.
8.4. Right to Request Additional Documentation. Upon the request of the OOG, Grantee
must submit to the OOG any additional documentation or explanation the OOG may require to
support or document any requested payment under the Agreement.
8.5. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Request
for Reimbursement. Grantee must submit accurate Requests for Reimbursement and all
supporting documentation to the OOG in a timely manner. Unless the OOG provides written
authorization providing additional time as set forth below,Grantee must submit quarterly Requests
Page 4 of 32
for Reimbursement to the OOG that cover the previous quarter's expenses on or before the
twentieth day after the end of each quarter. Quarterly Reimbursement requests are due:
(1) First quarter—December 20
(2) Second Quarter—March 20
(3) Third Quarter—June 20
(4) Fourth Quarter—September 20
The OOG may, in its sole discretion, provide written authorization to Grantee that provides
Grantee additional time to submit a specified quarterly request for reimbursement. The amount
of additional time provided to Grantee shall be specified in the OOG's written authorization.
Grantee must submit a final Request for Reimbursement on or before the forty-fifth calendar day
after termination of this Agreement.
The OOG will make all reasonable efforts to promptly process and make payments on
properly-completed Requests for Reimbursement.
8.6. Final Deadline for Reimbursement Requests.All Requests for Reimbursement must be
received by the OOG no later than forty-five calendar days after termination of this Agreement.
An Agreement amendment must be executed by the OOG and Grantee in order to extend this
deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the
availability of appropriated funds.
SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if
Grantee anticipates altering the scope of the Grant Project, adding funds to previously un-awarded
budget items or categories, changing funds in any awarded budget items or category by more than
ten percent of the annual budget, or adding new line items to any awarded budget category.
SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE
UPON TERMINATION. Grantee shall not give any security interest or lien or otherwise
encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment
purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee
shall maintain a current inventory of all equipment, which shall be available to the OOG at all
times upon request. The equipment inventory must include the following: a description of the
equipment; a serial number or other identification number;the acquisition date, cost,location,use,
and condition of the equipment;and any ultimate disposition data. Title for equipment shall remain
with Grantee, and Grantee shall maintain, repair, and protect all equipment purchased in whole or
in part with grant funds so as to ensure the full availability and usefulness of such equipment. In
the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of,
destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the
proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and
disposal of equipment shall be in conformity with the TxGMS.
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SECTION It. REPORTING REQUIREMENTS.
11.1. Until Grantee has submitted a Project Completion Report to the OOG, Grantee shall submit
a Quarterly Project Status Report to the OOG,using the form attached hereto as Exhibit D,no later
than twenty calendar days after the end of each quarter. Quarterly reports are due:
(1) First quarter—December 20
(2) Second Quarter—March 20
(3) Third Quarter—June 20
(4) Fourth Quarter— September 20
The OOG may, at its sole discretion provide written authorization to Grantee that provides Grantee
a specified amount of additional time to submit a specified Quarterly Project Status report.
11.2. After Grantee has completed the Grant Project asset forth in this Agreement,but in no case
more than one hundred twenty calendar days after termination of this Agreement, Grantee shall
submit to the OOG a Project Completion Report, using the form attached hereto as Exhibit E,
describing all activities performed under this Agreement. Grantee shall provide to the OOG a
Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased
pursuant to this Agreement.
11.3. No later than sixty calendar days after the date on which Grantee submits Grantee's Project
Completion Report to the OOG, Grantee shall provide to the OOG a DEAAG Project Impact
Report,using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain
information concerning jobs generated and retained, and individuals trained as a result of the Grant
Project. For purposes of this Agreement, job creation, retention, and training rates may be
evidenced by satisfactory documentation, such as copies of payroll documents, human resource
documents, or training enrollment records.
11.4. Grantee shall provide to the OOG additional information regarding the status of the Grant
Project at any time upon request from the OOG.
11.5. Grantee shall cooperate with the OOG and provide all requested assistance to the OOG in
connection with the preparation of any reports required to be made by the OOG to the Texas
Legislature or any relevant governmental entity regarding Grantee, the Grant, the Grant Project,
or the Grant Application.
11.6. All reports provided to the OOG must be signed by the duly authorized representative of
Grantee.
11.7. If after a written request by the OOG, Grantee fails to provide required reports,information,
documentation, or other information as required by this Agreement, then the OOG may require
corrective action or consider this act a possible default under this Agreement.
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SECTION 12. CORRECTIVE ACTION.
12.1. Corrective Action. If the OOG rinds deficiencies in Grantee's performance under this
Agreement, the OOG, in its sole discretion, may impose one or more of the following corrective
actions: increase monitoring visits; require the submission of additional or more detailed financial
or programmatic reports; require prior approval for expenditures; require additional technical or
management assistance or make modifications in business practices; reduce the grant award
amount; or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may
impose other requirements that the OOG determines will be in the best interest of the State of
Texas.
12.2. Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information without prior written authorization from the OOG may
result in the OOG, in its sole discretion, placing Grantee on immediate financial hold without
further notice to Grantee and without first requiring a corrective action plan. The OOG shall only
provide written authorization for delay upon finding that extraordinary circumstances exist that
support the delay. No reimbursements will be processed until the requested information is
submitted. If Grantee is placed on financial hold, the OOG, in its sole discretion, may deny
reimbursement requests associated with expenses incurred during the time Grantee was placed on
financial hold.
12.3. Sanctions.In addition to a financial hold,the OOG,in its sole discretion,may impose other
sanctions including, but not limited to, withholding or suspending funding, requiring return or
offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement,
reducing funding, terminating this Agreement, or any other appropriate sanction.
12.4. Notice of Possible Default. The parties agree to make a good faith effort to identify,
communicate, and resolve problems found by either the OOG or Grantee. The OOG, in its sole
discretion, will determine whether Grantee has acted or failed to act in such a manner that gives
rise to an act of possible default under this Agreement.If the OOG determines Grantee has possibly
defaulted on this Agreement, the OOG shall, within ten business days after making that
determination, give written notice of possible default to Grantee that also sets out the
circumstances that support the OOG's determination.
12.5. Opportunity to Cure. Unless the OOG provides written authorization providing
additional time as set forth below, Grantee must cure the possible default and provide the OOG
with sufficient information that supports a finding of cure by the OOG within thirty calendar days
after the OOG gives Grantee notice under Section 12.4 of this Agreement. The OOG may, in its
sole discretion and upon a finding by the OOG that extraordinary circumstances support the
additional time,provide written authorization to Grantee that provides Grantee a specified amount
of additional time cure the possible default and provide required information to the OOG.
12.6. Cure. If the OOG determines, in its sole discretion, that Grantee has cured the possible
default event, the OOG shall give written notice to Grantee within ten business days after making
that determination. The OOG shall be guided by good faith and reasonableness in determining
whether Grantee has cured the possible default.
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12.7. Default. If the OOG determines Grantee has not cured the possible default, Grantee shall
be in default hereunder, and the OOG shall give written notice to Grantee informing Grantee of
such default within ten business days after the OOG reaches its determination. Any default may
result in termination of this Agreement in accordance with Section 16 of this Agreement.
12.8. No Waiver. Notwithstanding the imposition of corrective actions, financial hold, or
sanctions, Grantee remains responsible for complying with the Agreement terms and conditions.
Corrective actions, financial hold, or sanctions do not excuse or operate as a waiver of prior failure
to comply with this Agreement.
SECTION 13.NOTICES.Any notice required or permitted to be given under this Agreement by
either parry shall be in writing and shall be deemed to have been given immediately if sent to the
e-mail address specified in this section. Any notice required or permitted to be given under this
Agreement may be given by regular first class mail and shall be deemed to have been given on the
date of attempted or actual delivery to the recipient if addressed to the receiving parry at the address
specified in this section:
To Grantor: To Grantee:
Office of the Governor Peter Zanoni
Texas Military Preparedness Commission City of Corpus Christi
P.O. Box 12428 P.O. Box 9277
Austin, Texas 78711 Corpus Christi, Texas 78469
tmpc@gov.texas.gov tammye@cctexas.com
SECTION 14. GRANTEE CERTIFICATIONS. By agreeing to and signing this Agreement,
Grantee represents that Grantee has obtained all necessary authority to enter into this Agreement
and hereby makes the following certifications, representations, and warranties:
14.1. Child Support Obligation. Under Section 231.006(d) of the Texas Family Code,
regarding child support, Grantee certifies that the individual or business entity named in this
Agreement is not ineligible to receive the specified payment and acknowledges that this
Agreement may be terminated, and payment may be withheld if this certification is inaccurate.
14.2. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government
Code, Grantee certifies that the individual or business entity named in this Agreement is not
ineligible to receive the specified agreement and acknowledges that this Agreement may be
terminated, and payment withheld if this certification is inaccurate.
14.3. Gift to Public Servant. Grantee warrants that Grantee has not given, nor does Grantee
intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan,
gratuity, special discount, trip, favor, or service to a public servant in connection with the award
of this Agreement.
14.4. Former Executive Head and Employees of the Agency. Grantee certifies that this
Agreement is compliant, and will remain in compliance during the Agreement term, with the
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following sections of the Texas Government Code: Section 669.003 (Contracting with Executive
Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees
who participated in the procurement of services); and Section 2252.901 (Contracts with Former or
Retired Agency Employees).
14.5. Conflicts of Interest. Grantee certifies that neither Grantee nor the personnel or entities
employed in rendering services under this Agreement have, nor shall they knowingly acquire, any
interest that would be adverse to or conflict in any manner with the performance of Grantee's
obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately
notify the OOG in writing, upon discovery of any actual or potential conflict.
14.6. Corporate Franchise Tax. Grantee certifies that, if applicable, Grantee's Texas franchise
tax payments are current, or that Grantee is exempt from, or not subject to, such tax.
14.7. No Claims. Grantee certifies that Grantee does not have any potential or existing claims
against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas.
14.8. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debt
or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement
may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee
owes the State of Texas until the debt or delinquent taxes are paid in full.
14.9. Compliance with Licensing, Permitting, and Regulatory Bodies. Grantee certifies that
Grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to
perform Grantee's obligations under this Agreement, without costs to the OOG. Grantee shall
comply with any applicable federal, state, county, local and municipal laws, ordinances,
resolutions, codes, decisions, orders, rules, and regulations, in connection with Grantee's
obligations under this Agreement. Grantee shall comply with all applicable federal health and
safety standards, including but not limited to, OSHA, and all Texas health and safety standards.
Grantee certifies that Grantee is currently is in good standing with all licensing, permitting, or
regulatory bodies that regulate any or all aspects of Grantee's business or operations. Grantee
agrees to comply and remain compliant with all applicable licenses, legal certifications,
inspections, and any other applicable local ordinance or state or federal laws.
14.10. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Grantee certifies that Grantee and Grantee's principals are not listed on the federal
government's terrorism watch list as described in Executive Order 13224 and will remain
compliant with this certification during the term of this Agreement. Grantee certifies that Grantee
and Grantee's principals are not suspended or debarred from doing business with the state or
federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas
Comptroller of Public Accounts and the System for Award Management (SAM) maintained by
the General Services Administration.
14.11. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants
that Grantee has not been the subject of allegations of Deceptive Trade Practices violations under
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Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business
practice in any administrative hearing or court suit and that the Respondent has not been found to
be liable for such practices in such proceedings. Grantee certifies that Grantee has no officers who
have served as officers of other entities who have been the subject of allegations of Deceptive
Trade Practices violations or allegations of any unfair business practices in an administrative
hearing or court suit, and that such officers have not been found to be liable for such practices in
such proceedings.
14.12. False Statements. By signature to this Agreement, Grantee makes all the representations,
warranties,guarantees, certifications and affirmations included in this Agreement.If Grantee signs
this Agreement with a false statement or it is subsequently determined that Grantee has violated
any of the representations, warranties, guarantees, certifications or affirmations included in this
Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void
this Agreement for cause and pursue other remedies available to the OOG under this Agreement
and applicable law.
14.13. Felony Criminal Convictions. Grantee represents and warrants that Grantee and
Grantee's employees who will perform services under this Agreement have not been convicted of
a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the
OOG as to the facts and circumstances related to the conviction.
14.14. Immigration. Grantee represents and warrants that Grantee shall comply with all
applicable U.S. immigration laws with respect to the employment of any individual who will
perform labor or services in the U.S. under this Agreement.
14.15. U.S. Department of Homeland Security's E-Verify System. Grantee certifies and
ensures that Grantee utilizes and will continue to utilize, for the term of this Agreement, the U.S.
Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas
Government Code,to determine the eligibility of:
a. all persons employed to perform duties within Texas, during the term of the Agreement;
and
b. all persons, including subcontractors, employed or assigned by Grantee to perform work
pursuant to the Agreement, within the United States of America.
If this certification is falsely made, the Agreement may be terminated.
14.16. Certification Concerning Prior Disaster Relief Contract Violation. The OOG is
prohibited from awarding a grant to any with any person who, in the past five years, has been
convicted of violating a federal law or assessed a penalty in connection with a contract involving
relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004
of the Texas Government Code, occurring after September 24,2005.Under Sections 2155.006 and
2261.053 of the Texas Government Code, Grantee certifies that Grantee is not ineligible from
entering into this Agreement and will remain compliant with this certification during the term of
this Agreement. Grantee acknowledges that this Agreement may be terminated and payment
withheld or return of grant funds required if this certification is inaccurate or false.
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14.17. Technology Access Clause. If applicable, Grantee will comply with the State of Texas
Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter
213 when such products are available in the commercial marketplace or when such products are
developed in response to a procurement solicitation. Likewise,if applicable, Grantee shall provide
the Texas Department of Information Resources (DIR) with the URL to Grantee's Voluntary
Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas
Accessibility requirements (based on the federal standards established under Section 508 of the
Rehabilitation Act), or indicate that the product/service accessibility information is available from
the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov).
A company not listed with the"Buy Accessible Wizard" or supplying a URL to their VPAT must
provide DIR with a report that addresses the same accessibility criteria in substantively the same
format. Additional information regarding the"Buy Accessible Wizard" or obtaining a copy of the
VPAT is located at http://www.section508._gov/.
14.18. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement,
Grantee represents and warrants that Grantee will buy Texas products and materials for use in
providing the services authorized herein when such products and materials are available at a
comparable price and within a comparable period of time when compared to non-Texas products
and materials.
14.19. Liability for Taxes. Grantee represents and warrants that Grantee shall pay all taxes or
similar amounts resulting from this Agreement, including, but not limited to, any federal, state, or
local income, sales or excise taxes of Grantee or Grantee's employees. The OOG shall not be liable
for any taxes resulting from this Agreement.
14.20. Israel. If Grantee is required to make a certification pursuant to Section 2271.002 of the
Texas Government Code, Grantee certifies that Grantee does not boycott Israel and will not
boycott Israel during the term of the Agreement. If Grantee does not make that certification,
Grantee must notify the OOG and state why the certification is not required. The term "boycott
Israel" as used in the paragraph has the meaning assigned by Section 808.001 of the Texas
Government Code.
14.21. Iran, Sudan, or Foreign Terrorist Organization. Grantee represents that neither
Grantee, nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or
affiliate of Grantee, (i) is an entity listed by the Texas Comptroller of Public Accounts under
Sections 2252.153 or 2270.0201 of the Texas Government Code; (ii) constitutes a "scrutinized
company" as defined by Section 2270.0001(9) of the Texas Government Code; or (iii) has
contracts with, provides supplies or services to, or is otherwise engaged in business with Iran,
Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas
Government Code. The terms "foreign terrorist organization" and "designated foreign terrorist
organization" have the meanings assigned to them in Sections 2252.151 and 2270.0001 of the
Texas Government Code, respectively.
14.22. Entities that Boycott Energy Companies. If Grantee is required to make a certification
pursuant to Section 2274.002 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
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R.S., ch. 529, § 2), Grantee certifies that Grantee does not boycott energy companies and will not
boycott energy companies during the term of the Agreement. If Grantee does not make that
certification, Grantee must indicate why the certification is not required.
14.23. Entities that Discriminate Against a Firearm Entity or Firearm Trade Association.If
Grantee is required to make a certification pursuant to Section 2274.002 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., ch. 530, § 1), Grantee certifies that Grantee does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and will not discriminate during the term of the Agreement against a
firearm entity or firearm trade association. If Grantee does not make that certification, Grantee
must indicate why the certification is not required.
14.24. No Vaccine Passport. Grantee certifies that, pursuant to Section 161.0085 of the Texas
Government Code, it does not require its customers to provide any documentation certifying the
customer's COVID-19 vaccination or post-transmission recovery on entry to,to gain access to, or
to receive service from Grantee's business in Texas. Grantee acknowledges that such a vaccine or
recovery requirement in Texas would make Grantee ineligible for a state-funded grant.
14.25. Cybersecurity Training Program.To the extent Grantee has access to any state computer
system or database and is subject to the provisions of Section 2054.5192 of the Texas Government
Code, the OOG will require Grantee to complete a cybersecurity training program certified under
Section 2054.519 of the Texas Government Code, as selected by the OOG. The cybersecurity
training program must be completed by Grantee during the term of the Agreement and during any
subsequent extension period. Grantee shall verify completion of the program to the OOG in writing
upon completion of the program.
14.26. Human Trafficking. Under Section 2155.0061 of the Texas Government Code, Grantee
certifies that Grantee is not ineligible to receive this Agreement and acknowledges that this
Agreement may be terminated and payment withheld if this certification is inaccurate.
14.27. Critical Infrastructure. If Grantee is required to access or control the State's critical
infrastructure as defined in Sections 2274.0101 and 2274.0102 of the Texas Government Code,
Grantee certifies, pursuant to Section 2274.0102 of the Texas Government Code, neither it nor its
parent company, nor any affiliate of Grantee or its parent company, is: (1) majority owned or
controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other
country designated by the Governor under Section 2274.0103 of the Texas Government Code, or
(2) headquartered in any of those countries.
SECTION 15. GENERAL TERMS AND CONDITIONS.
15.1. Independent Contractor. Grantee expressly agrees that Grantee is an independent
contractor and under no circumstances shall any owner, incorporator, officer, director, employee,
or volunteer of Grantee or any subcontractor of Grantee be considered an employee,agent, servant,
joint venturer,joint enterpriser, or partner of the OOG,by virtue of this Agreement. Grantee agrees
to take such steps as may be necessary to ensure that each contractor of Grantee will be deemed to
be an independent contractor and will not be considered or permitted to be an agent, servant,joint
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venturer,joint enterpriser, or partner of the OOG.
All persons furnished, used, retained, or hired by or on behalf of Grantee or any of Grantee's
subcontractors shall be considered to be solely the employees or agents of Grantee or Grantee's
subcontractors. Grantee or Grantee's subcontractors shall be responsible for ensuring that any and
all appropriate payments are made, such as unemployment, workers' compensation, social
security, any benefit available to a state employee as a state employee, and other payroll taxes for
such persons, including any related assessments or contributions required by law.
The OOG is not responsible for any types of claims whatsoever due to actions or performance,
taken by the owners, incorporators, officers, directors, employees, volunteers of Grantee or any
third parties under this Agreement, including but not limited to, the use of automobiles or other
transportation,taken by its owners,incorporators, officers, directors, employees,volunteers or any
third parties.
15.2. Subcontracting.In the event that Grantee should determine it is necessary or expedient to
subcontract for any of the performances herein, Grantee understands and agrees that Grantee will
be responsible to the OOG for any subcontractor's performance under this Agreement. In no event
shall this section or any other provision of this Agreement be construed as relieving Grantee of the
responsibility for ensuring that performance under this Agreement, and any subcontracts thereto,
is rendered in compliance with all of the terms of this Agreement. If Grantee uses a subcontractor
for any or all of the work required, the following conditions will apply: (1) Grantee, in
subcontracting for any performances specified herein, expressly understands and agrees that
subcontracting will be solely at Grantee's expense and the OOG shall not be liable in any manner
to Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG; and (3) Pursuant
to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to
subcontractors within ten calendar days after Grantee's receipt of funds from the OOG.
15.3. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any
attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not
be released from performing any of the terms, covenants, and conditions herein. Grantee shall be
held responsible for all funds received under this Agreement.
15.4.Records Retention. Records shall be maintained and made available to the OOG or its
authorized representatives upon request during the entire performance period of this Agreement
and until four years from date of final payment by the OOG for the services provided under this
Agreement. In addition,those records relating to any dispute,litigation, or the settlement of claims
arising out of such performance, or costs or items to which an audit exception has been taken, shall
be maintained and made available to the OOG or its designee until completion of such action and
resolution of all issues which arise from it, or until the end of the aforementioned three year period,
whichever is later. Failure to provide reasonable access to authorized OOG representatives shall
give the OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement for
reason of default.
15.5. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its
authorized representatives related to services provided under this Agreement. The OOG has the
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authority to monitor, inspect, assess, and review the fiscal and contractual performance of Grantee
with respect to the Agreement, including all information related to any services provided under
this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses,
deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the
OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement
payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds
under this Agreement acts as acceptance of the authority of the State Auditor's Office to audit or
investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors
through Grantee and the requirement to cooperate is included in any subcontract Grantee awards.
15.6. State Auditor. In addition to and without limitation on the other audit provisions of this
Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's
Office or successor agency may conduct an audit or investigation of Grantee or any other entity or
person receiving funds from the State of Texas directly under this Agreement or indirectly through
a subcontract under this Agreement. The acceptance of funds by Grantee or any other entity or
person directly under this Agreement or indirectly through a subcontract under this Agreement
acts as acceptance of the authority of the State Auditor's Office, under the direction of the
Legislative Audit Committee,to conduct an audit or investigation in connection with those funds.
Under the direction of the Legislative Audit Committee, Grantee or another entity that is the
subject of an audit or investigation by the State Auditor's Office shall provide the State Auditor's
Office with prompt access to any information the State Auditor's Office considers relevant to the
investigation or audit. Grantee further agrees to cooperate fully with the State Auditor's Office in
the conduct of the audit or investigation, including providing all records requested.
Grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly
by subcontractors through Grantee and the requirement to cooperate is included in any subcontract
Grantee awards. The State Auditor's Office shall at any time have access to and the right to
examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and
records of Grantee related to this Agreement. This Agreement may be amended unilaterally by the
OOG to comply with any rules and procedures of the State Auditor's Office in the implementation
and enforcement Section 2262.154 of the Texas Government Code.
15.7. Texas Public Information Act. Notwithstanding any provisions of this Agreement to the
contrary, Grantee acknowledges that the State of Texas, the OOG, and this Agreement are subject
to the Texas Public Information Act, Texas Government Code Chapter 552 (the "PIA"), and
Grantee acknowledges that the OOG will comply with the PIA.
Grantee acknowledges that information created or exchanged in connection with this Agreement
is subject to the PIA, and Grantee agrees that information not otherwise excepted from disclosure
under the PIA, will be available in a format that is accessible by the public at no additional charge
to the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents
or information responsive to a request for information.
Information provided by or on behalf of Grantee under, pursuant to, or in connection with this
Agreement that Grantee considers proprietary, financial, or trade secret information (collectively
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"Confidential Information") shall be designated as such when it is provided to the OOG or State
of Texas or any other entity in accordance with this Agreement. Merely making a blanket claim
that all documents are protected from disclosure will not render the whole of the information
confidential. Any information not clearly identified as proprietary or confidential is subject to
release in accordance with the PIA.
The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request
for information covering Grantee's Confidential Information. The OOG will make a determination
whether to submit a Public Information Act request to the Attorney General.
Grantee agrees to maintain the confidentiality of confidential information received from the OOG
or State of Texas during the performance of this Agreement, including information that discloses
confidential personal information particularly, but not limited to, personally identifying
information,personal financial information, and social security numbers.
Grantee agrees that if any of Grantee's agents receives any third-party request for the disclosure
of information relating to this Agreement, Grantee shall notify the OOG of any such request within
three business days after receipt of the request.
15.8. Media Releases or Pronouncements.Grantee understands that the OOG does not endorse
any vendor, commodity good, or service. Grantee, Grantee's employees, representatives,
subcontractors, or other agents may not issue any media release, advertisement, publication, or
public pronouncement which pertains to this Agreement or the services or Grant Project to which
this Agreement relates, or which mentions the OOG, without the prior written approval of the
OOG.
15.9. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL
DEFEND,INDEMNIFY,AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG,
AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES,
CONTRACTORS, AND/OR DESIGNEES FROM ANY CLAIMS, ACTIONS, SUITS,
DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING,
WITHOUT LIMITATION, ALL RELATED COSTS, ATTORNEY'S FEES AND
EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS
OF GRANTEE OR ANY OF GRANTEE'S AGENTS, EMPLOYEES,
SUBCONTRACTORS, OR SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF
THIS AGREEMENT. GRANTEE SHALL COORDINATE GRANTEE'S DEFENSE
WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS
PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO
REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE
OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT
ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES.
15.10. Intellectual Property.TO THE EXTENT ALLOWED BY LAW,GRANTEE SHALL
DEFEND,INDEMNIFY,AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG,
AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES,
CONTRACTORS, AND/OR DESIGNEES FROM AND AGAINST ANY AND ALL
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CLAIMS, VIOLATIONS, MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY
PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER
INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,
PUBLICITY, OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING
FROM: (1) THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS
GRANT AGREEMENT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED
SERVICE,OR OTHER SERVICE PROVIDED HEREUNDER;AND/OR(3) THE OOG'S
AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES
OR OTHER ITEMS PROVIDED TO THE OOG BY GRANTEE OR OTHERWISE TO
WHICH THE OOG HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE
UNDER THE GRANT AGREEMENT. GRANTEE AND THE OOG AGREE TO
FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING
ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY GRANTEE
WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL ("OAG")WHEN TEXAS
STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT,AND GRANTEE
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OAG. IN ADDITION, GRANTEE WILL REIMBURSE
THE OOG AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS,
EXPENSES, OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO,
ATTORNEYS' FEES AND COURT COSTS ARISING FROM ANY SUCH CLAIM. IF
THE OOG DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS
AND THOSE OF GRANTEE, OR IF THE OOG IS REQUIRED BY APPLICABLE LAW
TO SELECT SEPARATE COUNSEL, THE OOG WILL BE PERMITTED TO SELECT
SEPARATE COUNSEL AND GRANTEE WILL PAY ALL REASONABLE COSTS OF
THE OOG'S COUNSEL.
15.11. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY
RESPONSIBLE FOR GRANTEE'S OWN FEDERAL, STATE, AND LOCAL TAXES.
GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF
THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE
LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES'
TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS
AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL
LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING
WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE OOG
AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO GRANTEE,
GRANTEE'S EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES
OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS'
COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR
EMPLOYEE OF THE OOG.
15.12. Tax Identification Information Required. As a prerequisite to the OOG's ability to
process any payments to Grantee under this Agreement, Grantee shall provide the OOG with
required tax and payee identification information in the form of a completed "Application for
Texas Identification Number" (available on the Comptroller of Public Accounts' website at
Page 16 of 32
htt2://www.window.state.tx.us/taxinfo/taxfonns/ap-152.pdf). If Grantee has previously completed
the required documentation to obtain a Texas Identification Number (TIN) prior to the Effective
Date of this Agreement, Grantee may satisfy this requirement by providing the OOG with
Grantee's current TIN, name, and address to permit the OOG to verify registration in the TIN
System with the Texas Comptroller of Public Accounts.
15.13. Insurance.Unless otherwise noted in this Agreement, and to the extent that Grantee does
not have or maintain insurance or does not have or maintain sufficient insurance, Grantee
acknowledges and agrees that Grantee will be solely responsible for any losses or damages related
to or caused by Grantee's performing Grantee's duties and obligations under this Agreement. The
OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related
to any such losses or damages.
15.14. Fraud, Waste, and Abuse. Grantee understands that the OOG does not tolerate any type
of fraud, waste, or misuse of funds received from the OOG. The OOG's policy is to promote
consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing
guidelines to enforce controls.Any violations of law,OOG policies,or standards of ethical conduct
will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of
any allegation or a finding of fraud,waste, or misuse of funds received from the OOG that is made
against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding.
Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding
allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or
dishonest acts, waste, or abuse to the OOG's Fraud Coordinator or Ethics Advisor at (512) 463-
1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas
78711. Grantee must also comply with Section 321.022 of the Texas Government Code, which
requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office.
15.15. Information Security/Privacy. Grantee shall employ and maintain appropriate
information security procedures to protect against the unauthorized acquisition, use, or disclosure
of any personal information under applicable laws (including Personal Identifying Information or
Sensitive Personal Information as those terms are defined in Chapter 521 of the Texas Business
and Commerce Code) that it receives, compiles, or creates as a result of the Agreement to ensure
compliance with any agency requirements of the OOG and any applicable international, federal,
state,or local laws,regulations, and ordinances.Unless required by law to disclose,Grantee agrees
to maintain the confidentiality of information received from the OOG or the State of Texas during
the performance of the Agreement, including, but not limited to, Sensitive Personal Information,
Personally Identifying Information, personal financial information, financial account numbers,
account access information, computer passwords, social security numbers or information that is
confidential by law or otherwise subject to a lawful exception from disclosure. In the event of an
unauthorized acquisition, use, or disclosure of the OOG's information by Grantee, its employees,
representatives, subcontractors or other agents in the performance of Grantee's duties, Grantee
shall: (i) immediately notify the OOG in writing; (ii) assume and comply with any applicable
remedial requirements required by law; (iii) bear all costs of such compliance and remediation;
and(iv)provide the OOG with information regarding the breach and the progress of any remedial
efforts if requested. The obligations of Grantee under this Section will survive the Agreement and
Page 17 of 32
must be included in all subcontracts in which the subcontractor may have access to personal
information.
Grantee shall endorse the OOG's requirements and adhere to the State of Texas' and the OOG's
Information Technology Security Standards. From time-to-time and on the request of the OOG,
Grantee may be required to execute written information security or non-disclosure agreements as
deemed necessary by the OOG to strictly comply with any applicable confidentiality or
information security requirements or applicable laws, regulations, and protective orders. Grantee
is required to assess risks, ensure data integrity, and determine the level of accessibility that must
be maintained. Specific activities may include, but are not limited to identification of security,
privacy, legal, and other organizational requirements for recovery of institutional resources such
as data, software, hardware, configurations, and licenses at the termination of the Agreement. In
addition,the OOG may periodically assess Grantee's privacy and security services provisioned to
providing the goods and services under the Agreement to ensure all obligations are being met and
to manage and mitigate risk.
To the extent applicable, if Grantee is authorized to access, transmit, use, or store data for the
OOG, Grantee must meet the security controls the OOG determines are proportionate with the
OOG's risk under the Agreement based on the sensitivity of the OOG's data. Upon request,
Grantee must provide to the OOG evidence that Grantee meets the security controls required under
the Agreement.
15.16. Saturdays,Sundays,Holidays. If the last or appointed day for the taking of any action or
the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a
scheduled State of Texas or national holiday,then such action may be taken, or such right may be
exercised on the next succeeding business day that is not a Saturday, Sunday, or holiday. A
schedule of State of Texas holidays is located at: http://www.hr.sao.texas.gov/Holiday.
15.17. Applicable Law and Venue. This Agreement is made and entered into in the State of
Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the
laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or
requirements.
Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to
this Agreement shall be commenced exclusively in the Travis County District Court or the United
States District Court for the Western District of Texas, Austin Division. Venue for any OOG-
initiated action, suit, or litigation arising out of or in any way relating to this Agreement may be
commenced in a Texas state district court or a United States District Court selected by the OOG
in its sole discretion.
Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation. Grantee hereby
waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any
claim that Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or
litigation is brought in an inconvenient forum; or the venue is otherwise improper.
Page 18 of 32
15.18. No Waiver of Sovereign Immunity. The OOG is immune from suit and from liability.No
part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of
the doctrines of sovereign immunity and official immunity, or of any of the privileges, rights,
defenses, remedies, or immunities available to the OOG or the State of Texas, and their officers,
employees, or agents as provided by law.
SECTION 16. TERMINATION.
16.1. Convenience. The OOG may, at its sole discretion, terminate this Agreement without
recourse, liability, or penalty, against the OOG, upon thirty calendar days' notice to Grantee.
16.2. Cause; Default. In the event that Grantee fails to provide the agreed upon services
according to the provisions of this Agreement or fails to comply with any of the terms or conditions
of this Agreement,the OOG may,upon written notice of default to Grantee,immediately terminate
all or any part of this Agreement. Termination is not an exclusive remedy but is in addition to any
other rights and remedies provided in equity, by law, or under this Agreement.
16.3. Rights upon Termination or Expiration. In the event that the Agreement is terminated
for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual,
reasonable, and allowable costs incurred up to the Effective Date of termination. Termination is
not an exclusive remedy but will be in addition to any other rights and remedies as provided in
equity,by law or under the Agreement. The OOG is not liable to Grantee or to Grantee's creditors
for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable or
disallowed costs as determined by the OOG.
16.4. Liability after Termination. Notwithstanding any exercise by the OOG of its right of
early termination pursuant to this section, Grantee shall not be relieved of any liability to the OOG
for damages due to the OOG by virtue of any breach of this Agreement by Grantee. The OOG may
withhold payments to Grantee until such time as the exact amount of damages due to the OOG
from Grantee is agreed upon or is otherwise determined.
16.5. Refunds of Overpayment. Grantee shall refund to the OOG any sum of money paid to
Grantee by the OOG, which the OOG determines is an overpayment to Grantee, or in the event
the OOG determines funds spent by Grantee were not an allowable cost of this Grant Project. No
refund payments may be made from local, state, or federal grant funds unless statute or regulation
specifically permits repayment with grant funds. Such refund shall be made by Grantee to the OOG
within thirty calendar days after such refund is requested in writing by the OOG, or within thirty
calendar days after a notice from the OOG indicating the request is the result of a final
determination that the refund is owed.
16.6. Failure to Comply with Agreement. In the event Grantee fails to comply with any
provision of this Agreement, Grantee may be liable for damages and barred from applying for or
receiving additional funding under the DEAAG program until repayment is made and any other
compliance or audit findings are resolved, or any issue of non-compliance is cured to the
satisfaction of the OOG.
Page 19 of 32
SECTION 17. AVAILABILITY OF FUNDS. Grantee understands and agrees that funding for
the grant is subject to the actual receipt by the OOG of funds appropriated to the OOG or otherwise
available from federal funding sources. Grantee agrees that any funds received from the OOG are
limited by the term of each state biennium and by specific appropriation authority to and the
spending authority of the OOG for the purpose of the Agreement. Grantee agrees that
notwithstanding any other provision of the Agreement, if the OOG is not appropriated the funds
or if the OOG does not receive the appropriated funds, or if the funds appropriated to the OOG are
required to be reallocated to fund other state programs or purposes,then the OOG may reduce the
Maximum Amount of Grant or terminate the Agreement without cost or penalty.
SECTION 18. MONITORING. The OOG or its designee may perform periodic on-site
monitoring of Grantee's compliance with the terms and conditions of this Agreement and of the
adequacy and timeliness of Grantee's performance. After each monitoring visit, the OOG will
provide Grantee with a written report of the monitor's findings. If the monitoring report notes
deficiencies in Grantee's performances under the terms of this Agreement, the monitoring report
shall include requirements for the timely correction of such deficiencies by Grantee. Failure by
Grantee to take action specified in the monitoring report may be cause for termination of this
Agreement in accordance with Section 16 of this Agreement.
SECTION 19. CONFLICT OF INTEREST.
19.1. No Conflicts of Interest. Grantee shall ensure that no employee, officer, or agent of
Grantee shall participate in the selection, award, or administration of a subcontract supported by
funds provided hereunder if a conflict of interest,real or apparent,would be involved. Such conflict
of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her
immediate family; (3) his or her partner; or (4) any organization which employs, or is about to
employ any of the above, has a financial or other interest in the firm or person selected to perform
the subcontract. Grantee shall comply with Chapter 171 of the Texas Local Government Code.
Grantee represents and warrants that performance under this Agreement will not constitute an
actual or potential conflict of interest or reasonably create an appearance of impropriety. Further,
Grantee represents and warrants that in the administration of the grant, it will comply with all
conflict-of-interest prohibitions and disclosure requirements required by applicable law,rules, and
policies, including Chapter 176 of the Texas Local Government Code. If circumstances change
during the course of the Agreement, Grantee shall promptly notify the OOG.
19.2. No Inside Information. No employee, agent, consultant, officer, or elected or appointed
official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or
responsibilities or is in a position to participate in decision-making or gain inside information in
regard to the activities involved in the Grant Project, shall be permitted to have or obtain a financial
interest in or benefit from the Grant Project or any contract, subcontract or agreement with respect
thereto, or the proceeds thereunder, either for themselves or those with whom they have family or
business ties.
Page 20 of 32
SECTION 20. REGULATORY AND LEGAL ACTIONS AND CLAIMS.
20.1. No Pending or Threatened Actions Impairing Performance. Grantee represents and
warrants that Grantee is not aware of and has received no notice of any court or governmental
agency actions,proceedings or investigations, etc., (collectively "actions"),pending or threatened
against Grantee within the five calendar years immediately preceding the Effective Date of this
Agreement that would or could impair Grantee's performance under this Agreement. In addition,
Grantee shall notify the OOG in writing within five business days of any changes to the
representations or warranties in this clause or of any actions that Grantee may become aware of
and receives notice of on or after the Effective Date of this Agreement. Grantee agrees that failure
to so timely update the OOG of actions shall constitute breach of this Agreement and may result
in immediate termination of this Agreement.
20.2. Notice of Actions Arising Out of Performance of Agreement. Grantee shall give the
OOG immediate notice in writing of any action,including any proceeding before an administrative
agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise
directed by the OOG, Grantee shall immediately furnish to the OOG copies of all pertinent papers
received by Grantee with respect to such action or claim. Grantee shall notify the OOG of any
legal action filed against Grantee or any subcontractor, or of any proceeding filed under the federal
bankruptcy code. Grantee shall submit a copy of such notice to the OOG within thirty calendar
days after receipt. No funds provided under this Agreement may be used in the payment of any
costs incurred as the result of any claims,judgments, fines, or settlements.
20.3. Governmental Units of the State of Texas.The OOG and Grantee acknowledge that they
are governmental units of the State of Texas and are subject to, and shall comply with, the
applicable provisions of the Texas Tort Claims Act, as set out in Chapter 101 of the Texas Civil
Practice and Remedies Code.
20.4. No Liability.Grantee acknowledges that the OOG,the State of Texas, and their employees
and officials shall not be held liable for any claims or causes of action whatsoever which may
occur in the course of performing the services described in this Agreement, or from the award,
cancellation, or withdrawal of this Grant.
SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to the OOG prompt
written notice upon becoming aware or having knowledge of the occurrence of any event or
development that has, or would reasonably be expected to have, a material adverse effect on the
completion of the Grant Project. Grantee shall inform the OOG in writing within ten business days
after Grantee learns of the existence of such material event.
SECTION 22.FORCE MAJEURE.Neither party shall be liable to the other for any delay in, or
failure of performance of, any requirement included in this Agreement caused by force majeure.
The existence of such causes of delay or failure shall extend the period of performance until after
the causes of delay or failure have been removed provided the non-performing party exercises all
reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires,
explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the
reasonable control of either parry and that by exercise of due foresight such parry could not
Page 21 of 32
reasonably have been expected to avoid, which by the exercise of all reasonable due diligence,
such party is unable to overcome. Each party must inform the other in writing, with proof of
receipt, within ten business days after the existence of such force majeure, or otherwise waive this
right as a defense.
SECTION 23. DISPUTE RESOLUTION.
23.1. Informal Meetings. The parties' representatives shall meet as needed to implement the
terms of this Agreement and shall make a good faith attempt to informally resolve any disputes.
The Parties agree to make a good faith effort to identify, communicate, and resolve problems found
by either the OOG or Grantee.
23.2. Grantee's Continued Performance. Grantee shall not be excused from performance
during any pending dispute,unless approved in writing by the OOG.
SECTION 24. CHANGES AND AMENDMENTS.
24.1. Alterations,Additions,Deletions. Any alterations, additions, or deletions to the terms of
this Agreement shall be by a written amendment executed by both parties.
24.2. Policy Directives.During the term of this Agreement,the OOG may issue policy directives
to establish, interpret, or clarify requirements under this Agreement. Policy directives from the
OOG shall be binding upon Grantee.
SECTION 25. SEVERABILITY. In the event any one or more of the parts or provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other parts or
provisions thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable parts or provisions had never been contained herein.
SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete
expression of and constitutes the entire agreement between the parties hereto with respect to the
subject matter hereof and all prior and contemporaneous understandings, agreements, promises,
representations, terms and conditions, both oral and written, are superseded and replaced by this
Agreement.
SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be
construed, in all cases, according to its fair meaning. The parties acknowledge that each parry and
its counsel have reviewed this Agreement and that any rule of construction to the effect that any
ambiguities are to be resolved against the drafting parry shall not be employed in the interpretation
of this Agreement. Any vague, ambiguous, or conflicting terms shall be interpreted and construed
in such a manner as to accomplish the purpose of the Agreement.
SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are
inserted for convenience only and shall not be deemed to constitute a part hereof.
Page 22 of 32
SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration,
termination, or cancellation of this Agreement, the rights and obligations pertaining to repayment
of grant funds or damages, limitation of liability, indemnification, public information, reporting
requirements, retention and accessibility of records, audit rights, rights upon termination, and any
other provision implying survivability shall remain in effect after this Agreement ends.
SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be an original, but such
counterparts shall together constitute one and the same instrument.
IN TESTIMONY HEREOF, Grantee and the OOG have executed this Defense Economic
Adjustment Assistance Grant Agreement, effective as of the date of the last signature below.
OFFICE OF THE GOVERNOR GRANTEE
Chief of Staff or Designee Peter Zanoni, City Manager
Date Date
Page 23 of 32
AGREEMENT FOR THE
DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT
BETWEEN THE
OFFICE OF THE GOVERNOR,
TEXAS MILITARY PREPAREDNESS COMMISSION
AND
CITY OF CORPUS CHRISTI
DEAAG NO. 2022-02-10
EXHIBIT A
GRANT BUDGET
$1,611,159.00
Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for
actual and allowable allocable costs paid according to the following amounts and budget
categories:
Budget Category
Infrastructure—Purchase of property
Infrastructure—Professional & Consultant Services
Infrastructure—New Construction
Infrastructure—Rehabilitation and Renovation $1,611,159.00
Infrastructure—Capital Equipment)
Infrastructure—Capital Supplies
Infrastructure—Facilities Insurance
Training Equipment
Training Supplies
Total $1,611,159.00
'Per the TxGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of
more than one year and a per-unit acquisition cost of$5,000 or more.
2 Id.
s Per the TxGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be
supplies.
Page 24 of 32
AGREEMENT FOR THE
DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT
BETWEEN THE
OFFICE OF THE GOVERNOR,
TEXAS MILITARY PREPAREDNESS COMMISSION
AND
CITY OF CORPUS CHRISTI
DEAAG NO. 2022-02-10
EXHIBIT B
GRANT NARRATIVE
UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL
CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET
MODIFICATIONS, the following narrative provided by Grantee in Grantee's August 30, 2022
grant application applies to this Agreement:
The project proposes to replace approximately 4,948 linear feet (LF) of severely deteriorating
vitrified clay pipe (VCP) wastewater collection lines with new modern poly/composite material
wastewater collection lines at Naval Air Station Corpus Christi (NASCC).NASCC also prioritized
replacing approximately 19 broken and deteriorating wastewater collection manholes and add two
additional manholes (total of 21) with elevated access to address inflow into the sanitary sewer
system during rain events to become compliant with the Department of Defense's Unified Facilities
Criteria for Wastewater Collection and Treatment.
Page 25 of 32
EXHIBIT C
UNIFORM STATE GRANT ASSURANCES
Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,
policies, guidelines and requirements, including, but not limited to, the Texas Grant Management Standards
(TxGMS); and Title 1, Part 1, Chapter 4 of the Texas Administrative Code, that govern the application,
acceptance and use offederal and state funds for this project.In instances where multiple requirements apply to
a Grantee, the more restrictive requirement applies.By accepting the grant award,Grantee certifies and assures
that Grantee complies and will continue to comply with the following:
1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly
adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein,and directing and authorizing the person identified
as the official representative,or their designee of the organization to act in connection with the application and to
provide such additional information as may be required. State agencies are not required to adopt a resolution.
2. Grantee will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,employee,or
member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment
of any person related within the second degree of affinity or the third degree of consanguinity to any member of
the governing body or to any other officer or employee authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period
of two years, or such other period stipulated by local law, prior to the election or appointment of the officer,
employee,or governing body member related to such person in the prohibited degree.
3. Grantee will ensure that all information collected,assembled or maintained by the applicant relative to a project
will be available to the public during normal business hours in compliance with Chapter 552 of the Texas
Government Code,unless otherwise expressly prohibited by law.
4. Grantee will comply with Chapter 551 of the Texas Government Code, which requires all regular, special or
called meetings of governmental bodies to be open to the public, except as otherwise provided by law or
specifically permitted in the Texas Constitution.
5. Grantee will comply with Section 231.006 of the Texas Family Code,which prohibits payments to a person who
is in arrears on child support payments.Further,Grantee will include the following clause in the award documents
for every subcontract and must require subcontractors to certify accordingly:"Under Section 231.006 of the Texas
Family Code,the vendor or applicant certifies that the individual or business entity named in this Agreement,bid
or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is inaccurate.An application for
a grant paid from state funds must include the name and social security number of the individual or sole proprietor
and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity
submitting the bid or application."
6. Grantee will comply with Section 261.101 of the Texas Family Code,which requires reporting of all suspected
cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and
Regulatory Services. Grantee will also ensure that all program personnel are properly trained and aware of this
requirement.
7. Grantee will maintain oversight to ensure that contractors perform in accordance with the terms,conditions,and
specifications of their contracts or purchase orders.
s. Grantee will comply with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training
program for local government employees who have access to a local government computer system or database.
9. Grantee will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for
certain charitable organizations,charitable trusts,and private foundations.
10. Grantee's receipt of appropriated or other funds under the Agreement are not prohibited by Sections 403.1067 or
556.0055 of the Texas Government Code,which restrict lobbying expenditures.
11. No health and human services agency or public safety or law enforcement agency may contract with or issue a
license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate
has been revoked by another health and human services agency or public safety or law enforcement agency.
Page 26 of 32
12. If Grantee is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code,Grantee will
be in compliance with all rules adopted by the Texas Commission on Law Enforcement ("TCOLE"), unless
TCOLE certifies that Grantee is in the process of achieving compliance with such rules.
13. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall
maintain an appropriate contract administration system to ensure that all terms,conditions,and specifications are
met.
14. Grantee will comply with all federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681-
1683,and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disabilities; (d)
Americans With Disabilities Act of 1990,which prohibits discrimination on the basis of disabilities;(e)the Age
Discrimination Act of 1974,as amended(42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis
of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;(g)the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,relating to the nondiscrimination on the
basis of alcohol abuse or alcoholism;(h)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title
VIII of the Civil Rights Act of 1968(42 U.S.C. § 3601 et seq.),as amended,relating to nondiscrimination in the
sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under
which application for Federal assistance is being made;and(k)the requirements of any other nondiscrimination
statute(s)which may apply to the application.
15. Grantee will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § § 276a to 276a-7),
the Copeland Act(40 U.S.C.§ §276c and 18 U.S.C. § §874),and the Contract Work Hours and Safety Standards
Act(40 U.S.C. § § 327-333),regarding labor standards for federally assisted construction sub-agreements.
16. Grantee will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in purchases.
17. Grantee will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the
political activity of employees whose principal employment activities are funded in whole or in part with Federal
funds.
18. Grantee will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards
Act and the Intergovernmental Personnel Act of 1970,as applicable.
19. Grantee will ensure that the facilities under Grantee's ownership,lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of
Violating Facilities and that Grantee will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.(EO 11738).
20. Grantee will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection
Act of 1973,Public Law 93-234. Section 102(a)requires the purchase of flood insurance in communities where
such insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing
and Urban Development as an area having special flood hazards.
21. Grantee will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L.
91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplain in accordance with
EO 11988;(e)assurance of project consistency with the approved State management program developed under
the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.);(f)conformity of federal actions to State
(Clean Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C. §
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of
1974,as amended(P.L. 93-523);and(h)protection of endangered species under the Endangered Species Act of
1973,as amended,(P.L.93-205).
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22. Grantee will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C.§§ 1271 et seq.)related to protecting
components or potential components of the national wild and scenic rivers system.
23. Grantee will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic
properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.).
24. Grantee will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131
et seq.)pertaining to the care,handling, and treatment of warm-blooded animals held for research,teaching,or
other activities supported by this award of assistance.
25. Grantee will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residential structures.
26. Grantee will ensure it has adopted and implemented applicable provisions of the model HIV/AIDS workplace
guidelines of the Texas Department of State Health Services as required by the Texas Health and Safety Code,
Sec. 85.001,et seq.
27. Grantee will comply with Public Law 103-277, also known as the Pro-Children Act of 1994, which prohibits
smoking within any portion of any indoor facility used for the provision of services for children as defined by the
Pro-Children Act of 1994.
28. Grantee will comply with all federal tax laws and are solely responsible for filing all required state and federal
tax forms.
29. Grantee will comply with all applicable requirements of all other federal and state laws, executive orders,
regulations and policies governing this program.
30. Grantee and its principals are not,nor will be,suspended or debarred from doing business with the state or federal
government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public
Accounts or the System for Award Management(SAM)maintained by the General Services Administration.
31. Grantee acknowledges and understands the dispute resolution process provided in Chapter 2009 of the Texas
Government Code is available to the parties to resolve any dispute arising under the agreement.
32. Grantee will submit timely,complete,and accurate reports in accordance with the grant and maintain appropriate
backup documentation to support the reports.
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EXHIBIT D
QUARTERLY PROJECT STATUS REPORT
GRANTEE
TMPC GRANT NUMBER:
Summary of Expenditures:
Quarter (Report Expenditure ($Amount) Description
Period
Percentage of Grant Project Completed:
Brief Narrative Explaining Expenditures:
Grant Project Status:
Printed Name of Signature and Date Signed
Grantee's Duly Authorized Representative
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EXHIBIT E
PROJECT COMPLETION REPORT
GRANTEE
TMPC GRANT NUMBER:
Percent Completed:
GRANTEE has successfully completed, and in a satisfactory manner, the GRANT PROJECT.
The purpose of the grant was to [GRANT PURPOSE].
The total cost for the Grant Project is as follows:
•Grant Project Total $
•Total $
The following is a brief Grant Project scope summary:
This is to certify that an inspection of 100% of the completed Grant Project described below was
conducted on the day of , 20 .
Contracts were entered into for GRANT PROJECT between GRANTEE and the following
subcontractors: [SUBCONTRACTORS.]
This is to further certify that any and all Equipment included as part of the grant budget has been
purchased with the specified grant purpose, timeline,budget, and all addenda, change orders, and
supplemental agreements thereto.
NAME OF GRANTEE:
Signature of Grantee's Duly Authorized Representative
Print Name
Title
Date
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EXHIBIT F
DEAAG PROJECT IMPACT REPORT
GRANTEE
TMPC GRANT NUMBER:
Project Name:
Grantee Name:
Address:
Telephone: Fax:
Contact Person: E-mail:
Time Period Covered by Report: to
Grant Project Performance Measures:
• Create, retain, or train jobs by the completion of the Grant Project
• Grant Project Description:
• Grant Project Address:
Jobs Created
Active Full Time
Time Period Jobs Created,Retained or
Students Trained
EX. 01/12—03/12
Total
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Breakdown of Jobs Created
Job Type Jobs Created or Retained Total Jobs Created
This Reporting Period to Date
Direct Permanent Jobs
Indirect Permanent Jobs
Individuals Trained
Total
Businesses assisted or created this period:
Businesses assisted or created to date:
Grant Project Financial Impact
• Narrative summary of Impact:
• Update on current Grant Project Status (include curriculum updates):
THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN
THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF
GRANTEE.
FOR GRANTEE:
Signature
Print Name
Title
Date
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