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HomeMy WebLinkAboutAgenda Packet City Council - 04/11/2017 Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday,April 11,2017 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. 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. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. B. Invocation to be given by Elder Jimmy Perez, New Life Church. C. Pledge of Allegiance to the Flag of the United States to be led by Jared Cruz, Roy Miller High School, Member of the National Hispanic Institute. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0448 Proclamation declaring April 11, 2017, "Court Appointed Special Advocate Volunteer Appreciation Day" and April 2017, "Child Abuse Prevention Month". Proclamation declaring April 9 - 15, 2017, "Animal Control Officers, Staff and Volunteer Appreciation Week". Proclamation declaring April 9 - 15, 2017, "National Public Safety Telecommunicators Week". Proclamation declaring April 2017, "Safe Digging Month". Corpus Christi Page 1 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0452 Regular Meeting of March 28, 2017 and City Council Workshops of March 30, 2017 and April 5, 2017. Attachments: Minutes- March 28, 2017.pdf Minutes- March 30, 2017.pdf Minutes -April 5, 2017.pdf H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-0449 Airport Board Animal Care Advisory Committee Transportation Advisory Commission Attachments: Airport Board.pdf Animal Care Advisory Committee.pdf Transportation Advisory Commission.pdf I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Corpus Christi Page 2 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 8) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-0347 Supply Agreement for Sodium Bisulfite for the Wastewater Treatment Plant Motion authorizing City Manager, or designee, to execute a supply agreement with Southern Ionics, Inc., of West Point, Mississippi for the purchase of Sodium Bisulfite ("chemical") in response to Request for Bid No. 1026 based on the lowest, responsive, responsible bid for a total amount not to exceed $372,677.81, with an estimated expenditure of $155,282.42 in FY2016-2017 and funded by the Wastewater Fund. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the supplier and the City Manager or designee. Attachments: Agenda Memo-Sodium Bisulfite Bid Tabulation-Sodium Bisulfite Supply Agreement-Sodium Bisulfite Form 1295-Sodium Bisulfite 5. 17-0390 Motion authorizing renewal of property insurance Motion authorizing the City Manager to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record, for Corpus Christi Page 3 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 upcoming policy year (May 5, 2017-May 5, 2018) and policy years 2018-19 and 2019-20 in exchange for an annual premium in amounts not to exceed the total amount of original bid ($2,001,750) and further subject to the reduced premium of$1,952,914.52 for upcoming policy year, of which $797,217.16 is required for the remainder of FY 2016-2017. Attachments: Agenda Memo-2017-18 Property Insurance Renewal Proposal - Final doc 6. 17-0317 Second Reading Ordinance -Appropriating Funds from Reimbursement of Sexual Assault Examinations (1st Reading 3/28/17) Ordinance appropriating $72,000 in General Fund No. 1020 from the reimbursement of forensic sexual assault examinations in the amount of $72,000, and changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $72,000 each. Attachments: Agenda memo-appropriate sexual assault fees 03.21.2017 Ordinance -OAG reimbursement-2017 OAG sexual assault reimbursement guidelines 7. 17-0340 Second Reading Ordinance -Accepting and Appropriating Funds from the State of Texas Law Enforcment Standards and Education (LEOSE) Account (1st Reading 3/28/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$26,758.85; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$26,758.85 in the No. 1074 Police Grants Fund for training of police personnel and purchase of training equipment. Attachments: Agenda Memo- LEOSE approp 03.28.2017 Ordinance Leose 03.21.2017 Award letter 2017 8. 17-0343 Second Reading Ordinance - Conveying City-Owned Property to Habitat for Humanity to Build Affordable Housing (1st Reading 3/28/17) Ordinance authorizing the conveyance of property located within the city at 1906 Lipan Street, 1910 Lipan Street and 1914 Lipan Street to Habitat for Humanity for construction of single-family affordable housing, subject to specified conditions; authorizing the City Manager or designee to execute all necessary documents related to the Corpus Christi Page 4 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 transactions; and providing for severance. Attachments: Agenda Memo Habitat Donation Odinance - Lipan Properties to Habitat Agreement-Affordable Housing Habitat Letter of Request- Habitat for Humanity Habitat Donation Map Habitat Deed 1906, 1910& 1914 Lipan St L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 9 - 11) 9. 17-0328 Public Hearing and First Reading Ordinance - Rezoning property located at 1744 Rand Morgan Road (FM 2292) Case No. 0217-01 Carlos and Rhonda Garcia: : A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. The property to be rezoned is described as a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas, located on the east side of Rand Morgan Road, between Good-Night Loving Trail and McNorton Road. Planning Commission and Staff Recommendation (February 9, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Carlos and Rhonda Garcia ("Owner"), by changing the UDC Zoning Map in reference to a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas from the "FR" Farm Rural to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0217-01 Carlos and Rhonda Garcia Ordinance -Carlos and Rhonda Garcia Location Maps -0217-01 Carlos and Rhonda Garcia Zoning Report 0217-01 Carlos and Rhonda Garcia with Exhibits 10. 17-0373 Public Hearing and First Reading Ordinance - Rezoning property located at 522 South Padre Island Drive (State Highway 358) Corpus Christi Page 5 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 Case No. 0317-01 Estate of W.R. Durrill: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property to be rezoned is described as being 1.823 acres out of 100 South Padre, Block 3, Lot 62, located on the north side of South Padre Island Drive (State Highway 358) between Investment Boulevard and Old Brownsville Road. Planning Commission and Staff Recommendation (March 8, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by the Estate of W.R. Durrill ("Owner"), by changing the UDC Zoning Map in reference to a 1.823 acres out of 100 South Padre, Block 3, Lot 62, from the "IL" Light Industrial to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0317-01 Estate of W.R. Durrill Ordinance 0317-01 Estate of W.R. Durrill with Exhibits Location Maps-0317-01 Estate of W.R. Durrill Zoning Report 0317-01 Estate of W.R. Durrill with Exhibits 11. 17-0415 Public Hearing and First Reading Ordinance - Urban Transportation Plan Amendment - Deletion of proposed Coverdale Street (Widgeon Drive) extension between the proposed County Road 52 extension and Starlite Lane Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting the proposed extension of Coverdale Street (Widgeon Drive) between the proposed extension of County Road 52 and Starlite Lane; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo UTP Coverdale 3-22-2017.docx Ordinance Coverdale revised 03-22-2017.pdf Presentation Coverdale N. REGULAR AGENDA: (ITEMS 12 - 13) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 12. 17-0463 One Reading Action Item -Appropriating Funds for the purchase of a recycling truck for Solid Waste Services Ordinance appropriating $219,000 from the reserved future replacement Corpus Christi Page 6 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of one 2012 Peterbilt 320 compressed natural gas (CNG) recycling truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $219,000; authorizing the City Manager or designee to execute all necessary documents to purchase the recycling truck for$219,000 from Rush Truck Center, of New Braunfels, through the Texas Local Government Purchasing Cooperative dba Buyboard, for use by Solid Waste Operations; and declaring an emergency. Attachments: Agenda Memo CNG Powered Recyeling Truck-Solid Waste Ordinance Emergency Purchase and Appropriation CNG Powered Recycling Tr Price Sheet-CNG Powered Recycling Truck Solid Waste 13. 17-0319 Second Reading Ordinance - Ordinance adopting the London Area Wastewater Master Plan and the Storm Water Master Plan as elements of the Comprehensive Plan (Tabled 3/21/17) (Reconsidered 3/28/17) Ordinance adopting the London Area Wastewater Master Plan, an element of the Comprehensive Plan; adopting the London Area Storm Water Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; providing for severance; and providing for publication. Attachments: Agenda Memo- London Area Utility Master Plans Ordinance - London Utility Master Plans 2017-03-16 Presentation-London Utility Master Plans DM O. FIRST READING ORDINANCES: (ITEMS 14 - 18) 14. 17-0417 First Reading Ordinance -Accepting and appropriating grant funds for the Internet Crimes Against Children (ICAC) program within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of$10,150.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,150.00 in the No. 1061 Police Grants Fund. Attachments: Agenda memo- ICAC grant approp 04.11.2017 Ordinance - ICAC Grant 2017 2017 award document 15. 17-0391 First Reading Ordinance -Accepting and appropriating Grant funds for the Homeland Security Grant Program (HSGP) Corpus Christi Page 7 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept 4 grants totaling $280,108.79 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities; and appropriating $280,108.79 from the Texas Office of the Governor- Homeland Security Grant Division, Homeland Security Grant Program into the No. 1062 Fire Grant Fund to carry out homeland security projects. Attachments: Agenda Memo- HSGP Ordinance - HSGP grant 2016 16. 17-0258 First Reading Ordinance -Accepting and appropriating Insurance Claim Payments for Golf Fund Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $95,734.24 received from insurance claim payments in the No. 4691, golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures by $95,734.24 each. Attachments: Agenda Memo-Golf Course Insurance Settlement Ordinance -Golf Course Insurance Settlement Foresight Golf-Scope of Work Memorandum to City 17. 17-0401 First Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for property located east of Waldron Road and south of Don Patricio Road Ordinance exempting Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, located east of Waldron Road and south of Don Patricio Road, from the payment of the Wastewater Lot/Acreage Fees Under Section 8.5.2.G.1 of The Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo- FB Gardens Unit 2, Blk 2, Lots 2A&2B- Rev Ordinance- FB Gardens Unit 2, Blk 2, Lots 2A&2B WW Exemption with attach Location Maps -WW Exemption Flour Bluff Gardens Unit 2, Blk 2, Lots 2A&2B 18. 17-0409 First Reading Ordinance - Closing portions of two utility easements at the Del Mar College East Campus, located at 101 Baldwin Blvd. Ordinance abandoning and vacating portions of two existing utility easements, 0.237-acre portion of an existing utility easement and 0.390-acre portion of an existing utility easement out of a part of Del Mar College East Campus, Block 1, Lot 1, located at 101 Baldwin Blvd. and Corpus Christi Page 8 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 requiring the owner, Del Mar College, to comply with the specified conditions. Attachments: Agenda Memo- Delmar easement closures Ordinance with Exhibits- Delmar easement closures Presentation - Delmar easement closures P. FUTURE AGENDA ITEMS: (ITEMS 19 - 21) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 19. 17-0441 Service Agreement for Emergency Medical Services (EMS) Billing and Collection Services Motion authorizing the City Manager or designee to execute a service agreement with Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation of Fort Lauderdale, Florida for Emergency Medical Services "EMS" Billing and Collection Services in accordance with Request for Proposal No. 984, based on best value with a not-to-exceed amount totaling $9,351,660.00. The contract not-to-exceed amount is the possible amount based on a 100% collection rate, and does not include the potential revenue that will be owed to the City. The current collection rate in 2015 was 36.95%, and in 2016 it was 39%. The recommended contractor has outlined a program to increase the collection rate. The term of the contract will be for three years with up to two additional one year extension option periods. Attachments: Agenda Memo- EMS Billing and Collection Services Service Agreement No 984 EMS Billing and Collections Services final 3 27 17 Form 1295-EMS Billing and Collection Services.pdf Matrix RFP 984 EMS Billing and Collection Services 20. 17-0421 Supply Agreement for solar portable restrooms at Packery Channel for Beach Operations Resolution authorizing the City Manager, or designee, to execute a supply agreement with A.M.S. Global, Inc., of DeKalb, Texas, to furnish solar portable restrooms at Packery Channel for Beach Operations in an amount not to exceed $302,668.00, with funding available in the FY2016-2017 Tax Increment Reinvestment Zone #2 Fund. Attachments: Agenda Memo-Solar Portable Restrooms Resolution Sole Source Solar Portable Restrooms vFinal 20170324 Photo Supply Agreement for signature -Solar Portable Restroom Trailers 3 14 17 Form 1295 Solor Portable Restrooms Rev 3.28.17 Letter to use schematic Corpus Christi Page 9 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 21. 17-0345 Approval for Amendments to Construction Inspection Staff Support Contracts (Council Priority -Streets) Motion authorizing City Manager, or designee, to execute amendments for twelve Construction Inspection Staffing Contracts totaling $1,530,435.50 for providing Construction Inspection Staff Support within the Engineering Services Department. Attachments: Agenda Memo-Construction Inspection Staff Support 4-3-17 Exhibit 1 Const Inspection-Construction Inspection Staff Augmentation.Wx CC Presentation-Construction Inspection Staff Support 4-18-17 Location Map-Construction Inspection Staff Augmentation.pdf Amendment No. 1 AGCM Bobby Barker-Construction Inspection Staff Augmen Amendment No. 1 AGCM Gene Perkins-Construction Inspection Staff Augmen Amendment No. 2 AGCM George De La Cerda-Construction Inspection Staff Amendment No. 2 AGCM Manuel Hernandez-Construction Inspection Staff Au Amendment No. 2 AGCM Marcus Garcia-Construction Inspection Staff Augme Amendment No. 1 AGCM Robert Munoz-Construction Inspection Staff Augmer Amendment No. 1 AGCM Russell Soike-Construction Inspection Staff Augmen Amendment No. 2 AGCM William Hammac-Construction Inspection Staff Augn Amendment No. 1 Ardurra Group Cary Butters-Construction Inspection Staff A Amendment No. 1 Freese Nichols Arturo Hernandez-Construction Inspection Amendment No. 1 LAN Andy Vigstol-Construction Inspection Staff Augmentatii Amendment No. 2 LNV Jose DeLeon-Construction Inspection Staff Augmentat Q. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. EXECUTIVE SESSION: (ITEMS 22 -25) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Corpus Christi Page 10 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 Closed Meeting in compliance with Chapter 551 the Texas Government Code. 22. 17-0400 Executive Session pursuant to Texas Government Code § 551.071 of the Texas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to litigation related to the case of Mary Zuniga vs. City of Corpus Christi, Texas, et al. including authorization of attorney's fees and expenses for further proceedings. 23. 17-0461 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning confidential legal issues related to the U.S. Fair Housing Act, the Americans with Disabilities Act, the City's regulation of social services, community homes, group homes, the City's Uniform Development Code, and other federal, state, and local laws related to disabilities, fair housing, and land use regulation. 24. 17-0462 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 (including TCEQ and EPA regulations) related to the provision of utility services in industrial districts, desalination, reuse, utility rate design, and water and wastewater treatment and distribution and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 25. 17-0474 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 provision of incentives pursuant to any previously executed or proposed economic development/ business incentive agreement(s) between the City and/or related entities and Upper Padre Partners, LP and/or North Padre Waterpark Holdings, Ltd. and possible development agreements or other funding mechanisms related to the construction of Park Road 22 and related infrastructure, including, but not limited to, bridges, culverts, canals, sewers, lift stations, pump stations, revetments, pilings, and ditches, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future Corpus Christi Page 11 Printed on 4/10/2017 City Council Meeting Agenda-Final April 11,2017 agenda, but no other action will be taken, and no public comment solicited. U. ADJOURNMENT Corpus Christi Page 12 Printed on 4/10/2017 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday, March 28,2017 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Rubio called the meeting to order at 11:30 a.m. B. Invocation to be given by Reverend Bruce Wilson, Church of Reconciliation. Reverend Bruce Wilson gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sylvia Carrillo, Assistant City Manager. Assistant City Manager Sylvia Carrillo led the Pledge of Allegiance. D. City Secretary Rebecca 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 Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8- Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Joe McComb,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn Corpus Christi Page 1 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 E. Proclamations /Commendations 1. Proclamation declaring March 26 - April 1, 2017, "Cesar Chavez Week". Proclamation declaring April 3 - 7, 2017, "Graduate and Professional Student Appreciation Week". Proclamation declaring April 4, 2017, "Mayor's Day of Recognition for National Service". Proclamation declaring April 4, 2017, "National Equal Pay Day". Proclamation declaring April 8, 2017, "Earth Day - Bay Day 2017". Proclamation declaring April 8, 2017, "Special Olympics Texas - Spring Games Day". Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor Pro Tem Rubio presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. G. MINUTES: 2. Regular Meeting of March 21, 2017 and City Council Retreat of January 13, 2017. Mayor Pro Tem Rubio referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Molina and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor Pro Tem Rubio referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council meeting. Gloria Scott,4422 S.Alameda,thanked the City Council for recognizing National Equal Pay Day and announced the 105th anniversary of Girl Scouts of America. Trian Serbu, 14310 Playa Del Rey, spoke in opposition to the use of sales tax funds to fund Park Road 22 Bridge. Rick Milby,4412 High Ridge Drive, provided information on the utilization of bike lanes and requested that the Corpus Christi Page 2 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 City Council reconsider incorporating bike lanes in the construction of streets. Margareta Fratila, 3606 Tripoli, asked the City to address squatters in rental properties. Trey Summers,401 Santa Monica Place, spoke regarding the cost implications to homeowners should developers be required to construct new residential streets using concrete. Mike Herring, 6908 Crosstimbers Drive, and Larry Herring, 6113 Beechwood,spoke regarding issues associated with the new on-line Development Services Inspection System. Sherry Sells, 5014 Wingfoot Lane,spoke regarding equality for the disabled and maintenance of sidewalks. Isabel Araiza, 326 Poenish, spoke regarding major industry companies receiving reimbursement of taxes which is affecting schools. Chris Phelan, 3806 Kingston,spoke regarding a Freedom of Information Act Request regarding entities in compliance with backflow prevention devices and the recent water issues. Steven Mikulencak,413 Village Creek Drive, Houston, Texas, informed the City Council and City staff of a workshop hosted by Texas A&M University on April 19 and 20,2017 in Corpus Christi and Robstown to bridge a discussion on planning and growth,storm surge and the impacts of flooding and interactive planning. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Rubio deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1)An update on the water chlorine disinfectant conversion.2)Water Director Clarence Wittwer recognized several water utilities employees who recently received professional licenses. 3) City Manager Rose congratulated Police Commander Kelly Isaacs for being recognized at the YWCA's 37th Annual Y Women in Careers Banquet.4)City Manager Rose recognized Firefighter of the Year, Firefighter II/EMS Daniel Sheppard and Firefighter Prevention Officer of the Year, Captain Elvin Bates. K. CONSENT AGENDA: (ITEMS 3 - 22) Approval of the Consent Agenda Mayor Pro Tem Rubio referred to the Consent Agenda.A citizen requested that Items 3 and 11 be pulled for individual consideration. Council members requested that Items 4, 5, 12 and 18 be pulled for individual consideration. A motion was made by Council Member Vaughn,seconded by Council Member Guajardo,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 6. Resolution to Authorize Food Program Purchase for Senior Centers and Summer Youth Programs Corpus Christi Page 3 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 Resolution authorizing the City Manager to execute all documents necessary to purchase up to $191,360.00 in food supplies for the City Senior Center Meals Program through the Coastal Bend Council of Governments (CBCOG) participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20; and ratifying the purchase of food supplies for the said program in January-February 2017 through the CBCOG participation in the TEXAS 20 Purchasing Cooperative in the amount of$46,898.11 from Labatt Food Services and $9,352.13 from Hill Country Dairies. This Resolution was passed on the consent agenda. Enactment No: 031095 7. Rental and Servicing of Portable Toilets for Beach Operations Motion authorizing City Manager, or designee, to execute a service agreement with Progressive Waste Solutions of TX, Inc., dba Skid-o-Kan, of Corpus Christi, Texas for rental and servicing of portable toilets for Beach Operations, in accordance with Request for Bid No. 816, based on the lowest, responsive, responsible bid for a total amount not to exceed $22,600, with an estimated expenditure of $11,300 in FY 2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12-month periods at the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-043 8. Construction Contract for Ocean Drive Park Improvements -Cole Park (Bond 2012, Proposition 4) Motion authorizing the City Manager, or designee, to execute a construction contract with JE Construction Services of Corpus Christi, Texas in the amount of$725,120 for the Ocean Drive Park Improvements - Cole Park for the base bid and additive alternates 1, 2 and 3 (Bond 2012, Proposition 4). This Motion was passed on the consent agenda. Enactment No: M2017-044 9. Construction Contract for South Alameda Street from Ayers Street to Louisiana Avenue (Bond 2012, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with CPC Interests, LLC Dba Clark Pipeline Services of Corpus Christi, Texas in the amount of$4,996,832.79 for Corpus Christi Page 4 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 South Alameda Street from Ayers Street to Louisiana Avenue for Base Bid 2. (Bond 2012, Proposition 1) This Motion was passed on the consent agenda. Enactment No: M2017-045 10. Construction Contract for Ayers Street from Ocean Drive to Alameda Street (Bond 2014, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with CPC Interests, LLC Dba Clark Pipeline Services of Corpus Christi, Texas in the amount of$6,254,181.88 for Ayers Street from Ocean Drive to Alameda Street for a total Base Bid plus Additive Alternates 1 and 3. (Bond 2014, Proposition 1) This Motion was passed on the consent agenda. Enactment No: M2017-046 13. Supply Agreement for Ferrous Sulfate for Wastewater Plants Motion authorizing City Manager, or designee, to execute a supply agreement with Pencco, Inc., of San Felipe, Texas for the purchase of Ferrous Sulfate ("chemical") in response to Request for Bid No. 1020 based on the lowest, responsive, responsible bid for a total amount not to exceed $290,250.00, with an estimated expenditure of$145,125.00 in FY2016-2017 and funded by the Wastewater Fund. The term of the agreement is for one year with an option to extend for up to four additional one year periods, subject to the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-048 14. Lease-Purchase of Two Vactor and One Vacall (Body and Chassis) Combination Sewer Trucks for Wastewater Motion authorizing the City Manager, or designee, to lease-purchase two Vactor combination sewer trucks and a Vacall chassis for combination sewer truck (for Vacall body listed below) from Houston Freightliner, of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council, and one Vacall body for a combination sewer truck from Waukesha-Pearce Industries, Inc., of Houston, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard; for a total amount not to exceed $1,167,613.39, with an estimated expenditure of$77,774.20 in FY2016-2017. This Motion was passed on the consent agenda. Corpus Christi Page 5 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 Enactment No: M2017-049 15. Purchase of 23 Police Vehicles and Upfitting Equipment for the Police Department Motion approving the purchase of 23 police vehicles from Caldwell Country Ford dba Rockdale Country Ford, from Caldwell, Texas and the upfitting equipment from Cap Fleet Upfitters from Temple, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $1,034,360.16. Funds have been approved for FY2016-2017. This Motion was passed on the consent agenda. Enactment No: M2017-050 16. Resolution Amending Council Policies Resolution amending City Council Policy Section 16 to reduce the number of City Council Members required to place an item on the agenda or to call a special or workshop meeting from at least five members to four members; and to update said policy regarding regular meeting time. This Resolution was passed on the consent agenda. Enactment No: 031097 17. Second Reading Ordinance -Amending Code of Ordinances, Chapter 39, Personnel Article III Employment Compensation and Classification System Section 39-303(a) and (e) (1st Reading 3/21/17) Ordinance amending the Corpus Christi Code of Ordinances Chapter 39 Personnel Article III Employee Compensation and Classification System Section 39-303 (a) and (e) by eliminating Pay Plan 400 to allow moving the Police Commander and Assistant Chief positions to the Pay Plan 200 repealing conflicting ordinances and rules; providing for effective date and providing for severence. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031098 19. Second Reading Ordinance - Closing a Utility Easement Located at 15401 Dyna Street (1st Reading 3/21/17) Ordinance abandoning and vacating a 233-square foot portion of an existing utility easement out of a part of Padre Island- Corpus Christi No. 4, Block 235, Lot 1, located at 15401 Dyna Street and requiring Corpus Christi Page 6 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 the owner, Hadi Mostaghasi d/b/a H & M Homes, to comply with the specified conditions. Collecting a one-time fee for fair market value of $830.06. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031100 20. Second Reading Ordinance - Closing a Utility Easement Located at 7185 Lake Placid (1st Reading 3/21/17) Ordinance abandoning and vacating an 87.3-square foot portion of an existing utility easement out of a part of Lake Placid Estates, Block 2, Lot 1, located at 7185 Lake Placid and requiring the owner, George A. Segundo and Estefany Segundo, to comply with the specified conditions. Collecting a one-time fee for fair market value of$102.14. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031101 21. Second Reading Ordinance - Closing a Utility Easement Located between Stampede Drive and Elizondo Drive (1st Reading 3/21/17) Ordinance abandoning and vacating a 0.030-Acre portion of an existing utility easement out of a part of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lot 30 & Rancho Vista Subdivision Unit 7, Block 15, Lots 10 and 23 and requiring the owner, Yorktown Oso Joint Venture, to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031102 22. Second Reading Ordinance -Appropriating Funds to Extend Taxiway "K" (Kilo) Construction for the Support of United Coast Guard Operations at Corpus Christi International Airport (1st Reading 3/21/17) Ordinance appropriating $622,950 from Federal Aviation Administration Grant No. 3-48-0051-050-2013, Amendment No. 4, in the No. 3020 Airport Capital Improvement Fund for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $622,950 each. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031103 Corpus Christi Page 7 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 3. Resolution to Authorize Submission of Grant Application for the Local Border Security Program Grant within the Police Department Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$189,612.88 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2017-18 Local Border Security Program Grant. Mayor Pro Tem Rubio referred to Item 3. Chris Phelan, 3806 Kingston Ave, spoke in opposition to the grant and the use of local law enforcement for border security. Police Chief Mike Markle clarified that the purpose of the funding is to facilitate directed actions to interdict criminal activity. Council Member Molina made a motion to approve the resolution, seconded by Council Member Vaughn. This Resolution was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031094 4. Public Art for Collier Pool Motion authorizing the City Manager or designee to execute documents necessary to purchase a work of art created in painted steel, by the artist group Monument Fine Art and Sculpture Conservation, in the amount of$17,500 for the Aquatic Facility Upgrades and Improvements - Collier Pool Project to fulfill the public art requirement. (Bond 2012 Proposition 4) Mayor Pro Tem Vaughn referred to Item 4. Director of Parks and Recreation Jay Ellington and council members discussed the following topics regarding Items 4 and 5: a maintenance plan for the art projects;the donation of art to honor the memory of Norma Urban; the use of funds to purchase art; and review of the policy for setting aside funds for art projects. Council Member Vaughn made a motion to approve the motion,seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-041 5. Art Donation Agreement for La Retama Park Corpus Christi Page 8 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 Motion authorizing the City Manager, or designee, to execute an agreement with Rhodes Urban for the donation and acceptance of a cast aluminum art sculpture known as "Community Column" by Artist, Jack Gron, Art Professor at Texas A&M Corpus Christi, as well as an internationally known artist, honoring the memory of Norma Urban, a member of the Downtown Management Group, to be placed at La Retama Park. This Item was discussed during the discussion on Item 4. Council Member Vaughn made a motion to approve the motion,seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-042 11. Construction Contract for City-Wide Water Distribution System Repair and Replacement Indefinite Delivery/ Indefinite Quantity Program (Capital Improvement Program) (Council Priority -Water) Motion authorizing the City Manager, or designee, to execute a construction contract with CPC Interests, LLC dba Clark Pipeline Services, LLP of Corpus Christi, Texas in the amount of$5,100,000 for the City-Wide Water Distribution System Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ) Program for one (1) year base contract with two (2) optional one (1) year extensions to be approved administratively subject to availability of funding and satisfactory contractor performance. Mayor Pro Tem Rubio referred to Item 11. Chris Phelan, 3806 Kingston Avenue, spoke in support of this item and stated that more money should be allocated to address the City-wide water distribution system repair and replacement rather than to fund a desalination pilot project, Future Agenda Item 34. Interim Executive Director of Utilities Dan Grimsbo and council members discussed the following topics: the age of the lines; on-going process to replace and repair the water distribution system; replacement of the 8-inch water line crossing Oso Bay; and Future Agenda Item 34, desalination pilot project. Council Member Garza made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Corpus Christi Page 9 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 Enactment No: M2017-047 12. Resolution authorizing Interlocal Agreement for Soil Analysis Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A & M AgriLife Extension Service for a soil testing program. Mayor Pro Tem Rubio referred to Item 12. Interim Executive Director of Utilities Dan Grimsbo and council members discussed the following topics:whether the City receives the soil analysis results; corrective actions that may be taken; education for citizens on use of pesticides and other chemicals; and benefits to the City. Council Member Garza made a motion to approve the resolution,seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031096 18. Second Reading Ordinance -Appropriating Funds for Park Improvements (1st Reading 3/21/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to appropriate $765,453.93 funds from sale of park properties in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. Mayor Pro Tem Rubio referred to item 18. Director of Parks and Recreation Jay Ellington and council members discussed the following topics:whether proceeds from the sale of parks can be redirected to other funds; the ballot language approved by the voters regarding the park proceeds;the process for the Parks and Recreation Advisory Committee to recommend the placement of funds; and a future discussion on the enrichment funds. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031099 L. RECESS FOR LUNCH Corpus Christi Page 10 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 Mayor Pro Tem Rubio called for a recess at 1:38 p.m. Mayor Pro Tem Rubio reconvened the Council meeting at 2:11 p.m. I. EXPLANATION OF COUNCIL ACTION: Council Member McComb made a motion to reconsider Item 11 from the March 21,2017 meeting, First Reading Ordinance adopting the London Area Wastewater Master Plan, an element of the Comprehensive Plan; adopting the London Area Storm Water Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; providing for severance; and providing for publication,seconded by Council Member Smith and passed unanimously(Council Member Garza abstained). Council members discussed the following topics: concern with breaching Oso Creek; confirmation that adopting the master plan would not obligate funding or commit any future development; adequate potential of capacity in the pipes to meet future demand; discussion of legal issues related to executive session Item 42;the technical requirements;the main purpose for considering 980 acres; and the SQR lease agreement. Assistant Director of Planning/ESI Daniel McGinn addressed the following questions: adoption of the plan is strictly for technical requirements and how to build the system; there is no obligation for payment;sizing of the force main; and lift stations. Upon the advice of legal counsel, Mayor Pro Tem Rubio called for an executive session to discuss the matter further before voting on the ordinance. EXECUTIVE SESSION: (ITEMS 42 and 40) Mayor Pro Tem Rubio deviated from the agenda referred to Executive Session Items 42 and 40. The Council went into executive session at 2:26 p.m. The Council returned from executive session at 3:36 p.m. 42. 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 annexation, the provision of water and wastewater services in newly annexed and unincorporated areas, the development of properties owned by the City, contractual obligations pursuant to the lease of property to SQH Sports & Entertainment, Inc. near the intersection of State Highway 286 and Weber Road, the City's wastewater-related trust funds, and the City's master plan for the provision of wastewater in the aforementioned area and areas adjacent thereto and pursuant to Texas Government Code § 551.072 to discuss and deliberate the lease and value of the aforementioned real property owned by the City when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. Corpus Christi Page 11 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 40. 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 TxDOT Harbor Bridge Project and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, TC Ayers Park and other City Property in vicinity of existing or proposed Harbor Bridge and said park) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. I. EXPLANATION OF COUNCIL ACTION: First Reading Ordinance - Ordinance adopting the London Area Wastewater Master Plan and the Storm Water Master Plan as elements of the Comprehensive Plan (Tabled 3/21/17) Ordinance adopting the London Area Wastewater Master Plan, an element of the Comprehensive Plan; adopting the London Area Storm Water Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; providing for severance; and providing for publication. Mayor Pro Tem Rubio returned to the discussion regarding reconsideration of Item 11 from the March 21,2017 City Council meeting. In response to a council member, Assistant Director of Planning/ESI Daniel McGinn stated that this item is a utility master plan for wastewater and storm water for 980 acres, located at the northwest corner of Crosstown and Weber Road. The project was initially started to look at a much broader area of approximately 5,500 acres. Through work with the Planning Commission, it was determined to scale down to the 980 acres to allow for review of the land planning for the area; growth; projections of how the area may develop;the road system; and the impact to utility locations for the entire London Area. The future sports project, related commercial development, and residential development is located within this sector. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Garza M. PUBLIC HEARINGS: (NONE) Corpus Christi Page 12 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 Q. BRIEFING: (ITEM 38) 38. Joint Land Use Study Status and Next Steps Forward Mayor Pro Tem Rubio deviated from the agenda and referred to Item 38,Joint Land Use Study status and next steps forward. Assistant Director of Planning/ESI Daniel McGinn introduced the presentation team including: Steven Banta, Commanding Officer with Naval Air Station -Corpus Christi (NAS-CC); Benjamin Polak, Community Plans Liaison Officer with NAS-CC; and Director of Intergovernmental Relations Tom Tagliabue. Commanding Officer Banta thanked the City Council,the City of Corpus Christi and Nueces County for the collaborative effort that has established and fostered an on-going, long-term working working relationship between NAS-CC and its neighboring communities through this Joint Land Use Study (JLUS). The City has significantly contributed to the success of combating encroachment of future land use surrounding airfields via land acquisition, rezoning and legislation. The JLUS is a great tool to protect the military training mission of NAS-CC; and protect the public health,safety, quality of life and economic development in the community. The presentation team presented the following information: a background of the JLUS; implementation actions; JLUS-related Navy actions and next steps including: additional city-initiated rezoning of public and private land at Waldron and Cabaniss Fields;seeking congressional authorization to swap City-owned land under Navy flight zones with Navy land not located under a flight zone; a resolution to add a non-voting ex-officio representative of NAS-CC to the Planning Commission; and applying for an Office of Economic Adjustment Grant. Council members discussed the following topics: rezoning at Waldron and Cabaniss Fields; land swap opportunities;surplus properties;vertical obstruction subzones; and support for clear air space. N. REGULAR AGENDA: (ITEMS 23 - 28) 23. Discussion and possible action related to Construction and/or other contracts for and related to improvements, renovations, and/or repairs in areas of and in the vicinity of TC Ayers Park, TC Ayers Pool, and/or the proposed Harbor Bridge, including, but not limited to, new or existing aquatic facilities, which may further include procurements necessary because of unforeseen damage to public machinery, equipment or other property and further including potential consideration of ordinance(s) appropriating funds for the aforesaid activities and declaring an emergency, if necessary. Mayor Pro Tem Rubio deviated from the agenda and referred to Item 23. Council Member McComb announced that he was abstaining from this item. City Manager Margie C. Rose stated that as part of the Harbor Bridge Project, the City committed to open the T.C.Ayers Pool, which is located within T.C. Corpus Christi Page 13 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 Ayers Park, by Memorial Day 2017 in conjunction with the opening of other City parks. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the FY 2017 Capital Improvement Program Budget by adding the T.C.Ayers Pool Improvements project; transferring and appropriating $712,558 from the General Fund Unreserved Fund Balance to the Parks and Recreation Capital Improvement Program Fund; and authorizing the execution of a construction contract with Barcom Construction, Inc. in the amount of $589,181; and declaring an emergency. Mayor Pro Tem Rubio referred to comments from the public.Adam Carrington, 2949 River Bend Court,stated that the pool is not the top priority for the community and recommended building a splash pad and pavilion. Council members discussed the following topics:the project not being in the best interest of the community and the need to honor the commitment made to the Texas Department of Transportation. The following ordinance was considered: Ordinance amending the FY 2017 Capital Improvement Program Budget adopted by Ordinance No. 030936 to add Project No. T17021 TC Ayers Pool Improvements;transfer and appropriate$712,558 from the Unreserved Fund Balance in No. 1020 General Fund to No. 3280 Parks and Recreation CIP Fund; authorizing the City Manager or designee to execute a construction contract with Barcom Construction, Inc. in the amount of$589,181 for TC Ayers Pool Improvements; and declaring an emergency. Mr. Smith made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on emergency and approved with the following vote: Aye: 5- Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 2- Council Member Garza and Council Member Vaughn Abstained: 1 - Council Member McComb Enactment No: 031104 24. Amending Ordinance Calling for May 6, 2017 Special Election Ordinance amending Ordinance No. 031081 by appointing Election Officials and identifying polling places for Special Election to be held on May 6, 2017 in the City of Corpus Christi for the election of Mayor; and declaring an emergency. Mayor Pro Tem Rubio referred to Item 24. City Secretary Rebecca Huerta stated that the purpose of this item is to amend the ordinance calling for the May 6, 2017 Special Election by establishing polling places; and identifying election officials, including precinct judges, alternate judges, and the early voting ballot board. There were no comments from the public. Council members and City Secretary Huerta discussed the following topics: Corpus Christi Page 14 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 including the language,Wynn Seale,to polling place 45; and the City Charter requirement regarding the vacancy for Mayor. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on emergency and approved with the following vote: Aye: 7- Council Member Garza, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Guajardo Abstained: 0 Enactment No: 031105 25. Appointment of Financial Advisor for Utility System Revenue Refunding Bonds, Series 2017A Motion authorizing the appointment of and approving the contract for M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2017A in an amount not to exceed $77,520,000. Mayor Pro Tem Rubio referred to Item 25. Director of Financial Services Constance Sanchez stated that the purpose of this item is to appoint M.E. Allison as Financial Advisor for a refunding opportunity for the City's utility system of up to $77,520,000 in relation to the Choke Canyon debt and any other utility system revenue bonds. There were no comments from the public. Council members discussed the following topics:the contract for Financial Advisor awarded with each issuance of bonds; the contract with Fulbright& Jaworski LLP for bond counsel; council direction to begin the request for proposal (RFP) process for Financial Advisor;the possibility of modifying the water rate structure; a discussion on the ability to provide customers a credit for using additional water; and coordinating with bond counsel to bring back the legal options to provide a rate structure that is more conducive to the use of water at certain times of the year. Council Member Garza made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: M2017-051 26. Second Reading Ordinance -Authorizing the Issuance of Refunding Bonds related to Choke Canyon Dam (1st Reading Corpus Christi Page 15 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 3/21/17) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Utility System Revenue Refunding Bonds", as further designated by series and lien priority of revenue pledge, in an amount not to exceed $77,520,000; making provisions for the payment and security thereof by a lien on and pledge of the net revenues of the City's Utility System which may be on a parity with certain currently outstanding Utility System revenue obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of one or more paying agent/registrar agreements, escrow agreements, and a purchase contracts; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. Mayor Pro Tem Rubio referred to Item 26. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the refunding of the note payable to the Bureau of Reclamation,which was used to pay for the construction of Choke Canyon Dam, and the potential refunding of any callable utility system revenue bonds in an amount not to exceed $77,520,000. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: 031106 27. Second Reading Ordinance -Authorizing the Issuance of Refunding Bonds with the Texas Water Development Board (TWDB) (1st Reading 3/21/17) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2017" in an amount not to exceed $51,300,000; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding Utility System revenue obligations; Corpus Christi Page 16 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval of an application to the Texas Water Development Board; authorizing the execution of a paying agent/registrar agreement, and an escrow agreement; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; complying with the regulations promulgated by the Texas Water Development Board; delegating the authority of certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. Mayor Pro Tem Rubio referred to Item 27. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of utility system revenue bonds from the Texas Water Development Board in an amount not to exceed $51,300,000. There were no comments from the public. Council members discussed the following topics:the potential savings over the life of the bonds and the expected interest rate. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: 031107 28. Second Reading Ordinance -Authorizing the Issuance of Solid Waste Certificates of Obligation (1st Reading 3/21/17) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2017" in an amount not to exceed $2,500,000 for the purpose of financing costs associated with making permanent public improvements to the City's Solid Waste System; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent/registrar Corpus Christi Page 17 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Mayor Pro Tem Rubio referred to Item 28. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of up to$2,500,000 in certificates of obligation to fund a Gas Collection and Control System and flare. There were no comments from the public. In response to a council member, Ms. Sanchez stated that the proceeds from the sale of bonds are not for operating costs. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031108 O. FIRST READING ORDINANCES: (ITEMS 29 -33) 29. First Reading Ordinance -Appropriating Funds from Reimbursement of Sexual Assault Examinations Ordinance appropriating $72,000 in General Fund No. 1020 from the reimbursement of forensic sexual assault examinations in the amount of$72,000, and changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $72,000 each. Mayor Pro Tem Rubio referred to Item 29. Police Chief Mike Markle stated that the purpose of this item is to appropriate$72,000 from the reimbursement of forensic sexual assault examinations associated with changes per State law. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 30. First Reading Ordinance -Accepting and Appropriating Funds Corpus Christi Page 18 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 from the State of Texas Law Enforcment Standards and Education (LEOSE)Account Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$26,758.85; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$26,758.85 in the No. 1074 Police Grants Fund for training of police personnel and purchase of training equipment. Mayor Pro Tem Rubio referred to Item 30. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$26,758.85 for training of police officers. There were no comments from the Council or the public. Council Member Vaughn made motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 31. First Reading Ordinance - Conveying City-Owned Property to Habitat for Humanity to Build Affordable Housing Ordinance authorizing the conveyance of property located within the city at 1906 Lipan Street, 1910 Lipan Street and 1914 Lipan Street to Habitat for Humanity for construction of single-family affordable housing, subject to specified conditions; authorizing the City Manager or designee to execute all necessary documents related to the transactions; and providing for severance. Mayor Pro Tem Rubio referred to Item 31. City Secretary Huerta announced that Council Member Molina was abstaining from this item. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to authorize the conveyance of three City-owned properties located at 1906 Lipan Street, 1910 Lipan Street and 1914 Lipan Street to Habitat for Humanity for the construction of single-family affordable housing. There were no comments from the public. Barb Sweeney, Executive Director of Habitat for Humanity, responded to council member questions. Council members discussed the following topics:the timeframe to build; clarification of the contract language referring to payment of closing costs and where the funding would come from; incentives for utilities;the last property conveyed to Habitat for Humanity; whether this program is available to other entities;the number of vacant lots; a policy regarding the right of redemption; the cost per home,size and income bracket. Corpus Christi Page 19 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Molina 32. First Reading Ordinance - Lease Agreement with Nueces County Community Action Agency for Birth-to-Five Head Start Program City-Owned Properties Ordinance authorizing the City Manager or designee to execute a ten year lease, with an option to renew for 10 years, with Nueces County Community Action Agency (NCCAA) for eight real and personal properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties; and providing for publication. Mayor Pro Tem Rubio referred to Item 32. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to execute a ten year lease agreement with Nueces County Community Action Agency(NCCAA)for eight City-owned properties which have eight Head Start Programs on the property. There were no comments from the public.Alma Barrera, Chief Executive Officer for NCCAA, responded to council member questions. Council members discussed the following topics:the ten-year terms of the lease agreement;the land belonging to the City and the buildings being owned and operated by NCCAA; and the renewal period. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 33. First Reading Ordinance -Approving the Amendments to the Tax Increment Reinvestment Zone Number Two Amended Project & Financing Plans Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project and Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas on July 22, 2014, February 21, 2017, and Corpus Christi Page 20 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 March 7, 2017 regarding Park Road 22 Bridge Project, Packery Channel monitoring and improvements, and updated information on other Packery Channel projects; appropriating $4,000,000 from the unreserved fund balance of the No. 1111 Reinvestment Zone No. 2 Fund; and amending the Fiscal Year 2016-2017 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $4,000,000. Mayor Pro Tem Rubio referred to Item 33. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve the amendment to the Tax Increment Reinvestment Zone#2 project and financing plans related to Park Road 22 Bridge project; Packery Channel monitoring and Exhibit H six pack projects. Mayor Pro Tem Rubio called for comments from the public.Johnny French, 4417 Carlton,stated that the six pack projects need to be completed before approving funding Park Road 22 Bridge. Council members discussed the following topics: amendments to the financing plan related to marine patrol and administrative functions;2014 amendments approved by the TRIZ#2 Board that were not approved by City Council;whether the Island Strategic Action Committee(ISAC)was presented with the 2014 amendments; and Exhibit J not being included in the financing plan. Council Member Smith made a motion to table to ordinance,seconded by Council Member Hunter. This Ordinance was tabled with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 34 - 36) Mayor Pro Tem Rubio referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had a planned presentation on Item 34. 34. Amendment No. 3 to the Professional Services Contract for the City of Corpus Christi Desalination Program (Capital Improvement Program) (Council Priority -Water) Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the professional services contract with Freese and Nichols, Inc. (FNI) of Corpus Christi, Texas in the amount of $1,202,750 for a total restated fee of$2,268,784 for the City of Corpus Christi Desalination Program for variable salinity desalination pilot implementation. (Capital Improvement Program) This item was presented. It was recommended that this item appear on the city Corpus Christi Page 21 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 council agenda after the city council has a workshop on this item. 35. Supply Agreement for Sodium Bisulfite for the Wastewater Treatment Plant Motion authorizing City Manager, or designee, to execute a supply agreement with Southern Ionics, Inc., of West Point, Mississippi for the purchase of Sodium Bisulfite ("chemical") in response to Request for Bid No. 1026 based on the lowest, responsive, responsible bid for a total amount not to exceed $372,677.81, with an estimated expenditure of$155,282.42 in FY2016-2017 and funded by the Wastewater Fund. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the supplier and the City Manager or designee. This Motion was recommended to the consent agenda. 36. Motion authorizing renewal of property insurance Motion authorizing the City Manager to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2017-May 5, 2018) and policy years 2018-19 and 2019-20 in exchange for an annual premium in amounts not to exceed the total amount of original bid ($2,001,750) and further subject to the reduced premium of$1,952,914.52 for upcoming policy year, of which $797,217.16 is required for the remainder of FY 2016-2017. This Motion was recommended to the consent agenda. Q. BRIEFING: (ITEM 37) 37. Process for City Charter Review Mayor Pro Tem Rubio referred to Item 37. City Secretary Rebecca Huerta stated that the purpose of this item is to begin preliminary discussions regarding review of the City Charter Review. Per state law,the Charter may not be amended more than every two years, 730 days. The next available uniform election date would be on November 5,2019. City Secretary Huerta provided the following discussion topics for City Council input:who would lead the comprehensive review of the Charter; the proposal process; and the appointment process the Council would prefer to use for the Charter Review Committee members. Council members discussed the following topics: an overall comprehensive review of the entire Charter; a charter commission comprised of citizens with support by in-house legal staff;simplifying the language in the Charter; nominations for the committee to be made by each individual council member Corpus Christi Page 22 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 and confirmed by a majority of the City Council; and revisiting the discussion after the upcoming special election for mayor. R. LEGISLATIVE UPDATE: Mayor Pro Tem Rubio referred to the Legislative Update. Director of Intergovermental Relations Tom Tagliabue provided updates on the following legislation: revenue cap bill;school financing;short-term vacation rentals; small cell node technology;transportation network companies; immigration enforcement;tree regulations; plastic bag bans; manufactured home communities; local debt issuance; use of the rainy day fund to address the Defense Economic Adjustment Assistance Grant(DEAAG) Program; possible budgets cuts for universities; transportation funding; prohibiting tax abatements for windfarms; and the seller's disclosure bill. Council members discussed providing feedback on the City's position on bills and fuel tax. S. EXECUTIVE SESSION: (ITEMS 39 and 41) Mayor Pro Tem Rubio referred to Executive Session Items 39 and 41. The Council went into executive session at 6:57 p.m. The Council returned from executive session at 7:54 p.m. 39. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation (In re Mark Scott) and other legal issues related to Article II of the Charter of the City of Corpus Christi, matters related to eligibility to serve on City Council, term limits, the application of term limits provisions of the City Charter to Mark Scott, the application of candidacy qualification provisions by the City Secretary and presiding officer, and timing issues related thereto, candidacy qualifications pursuant to the Texas Election Code, Texas Election Code 145.003, litigation relating to the aforementioned issues, and other legal questions related thereto. This E-Session Item was withdrawn. 41. 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 annexation, disannexation, apportionment of extra-territorial jurisdiction between municipalities, interlocal agreements with water districts and neighboring municipalities, contracts for the potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and wastewater services and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct Corpus Christi Page 23 Printed on 4/7/2017 City Council Meeting Minutes March 28,2017 economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. U. ADJOURNMENT The meeting was adjourned at 7:55 p.m. Corpus Christi Page 24 Printed on 4/7/2017 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Workshop Session Thursday, March 30, 2017 2:00 PM 1201 Leopard Street Basement Training Room Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Lucy Rubio called the meeting to order at 2:03 p.m. B. City Secretary Rebecca 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 Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present 8- Council Member Carolyn Vaughn, Council Member Lucy Rubio, Council Member Rudy Garza Jr., Council Member Michael Hunter, Council Member Greg Smith, Council Member Paulette Guajardo, Council Member Joe McComb, and Council Member Ben Molina Note: Council Member Joe McComb arrived at 2:08 p.m. C. BRIEFINGS TO CITY COUNCIL: 1. Proposed Annexation Policy and Infrastructure Financing Tools Mayor Pro Tem Lucy Rubio referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the Proposed Annexation Policy and Insfrastructure and introduced Assistant Director of Planning and ESI Daniel McGinn who presented information on the following topics: the benefits of planning; annexation; and Corpus Christi's annexation history. Corpus Christi Page 1 Printed on 4/6/2017 City Council Workshop Session Meeting Minutes March 30,2017 Senior Planner Keren Costanzo presented information on the following topics: why develop an annexation policy; planned development areas; Texas Municipal League's annexation policy recommendations; and proposed criteria. Reagan Brown, Peterson Development Company, 5830 McArdle Rd, addressed the council regarding the following topics: growth in the London corridor; San Patricio County area real estate/home building demands; and annexing the London area. A council member discussed the fiscal impact of annexation. Assistant Director Daniel McGinn presented information on the following additional topics: Texas cities with a population in excess of 300,000 that have an annexation policy; infrastructure financing options; purpose of the developer trust fund system; how the developer trust fund system works;trust funds and annexation; and the development platting process. Larry Urban, Urban Engineering,spoke regarding the history of fees for sanitary sewer, water and storm water in the Uniform Development Code (UDC). Council members discussed revising the UDC relating to fees for sanitary sewer, water and storm water;the City's requirement for developers to offer land or money in lieu thereof; how money in lieu of land is used; revisiting the City's Parks Master Plan relating to developers providing money versus land; and parks being cared for by local homeowners'associations. Reagan Brown, Peterson Development Company,spoke regarding dedicating larger parks and the provision of sufficient amenities in those parks. Assistant Director McGinn continued his presentation presenting information on: issues with the developer trust fund system; and current balance of trust funds. Council members and staff discussed the provision of wastewater to the southside of Oso Creek and where it would be installed across Oso Creek; evaluating impact fees versus acreage fees and including stakeholders in the discussion; and the part of the City's rate structure attributed to debt. Assistant Director McGinn went on to present information regarding: estimated needs and costs for lift stations in relation to future development; the sanitary sewer trunk system trust fund balance;vacant areas currently served by lift stations on the southside; and other vacant areas in the city. Larry Urban, Urban Engineering,spoke regarding the provision of wastewater infrastructure in the London area. Senior Planner Costanzo provided information on the following topics: Public Improvement Districts (PID)and Municipal Utility Districts (MUD); and adopting a policy as to when a PID or MUD should be used. Council members and staff discussed the following topics: the Rodd Field Road PID-like entity; the means by which the Padre Island bulkheads are managed;the benefits and drawbacks of PIDs and MUDS; and emergency service districts in annexed areas. Corpus Christi Page 2 Printed on 4/6/2017 City Council Workshop Session Meeting Minutes March 30,2017 Senior Planner Costanzo also presented information on 380 Economic Development Agreements. Assistant Director McGinn presented the following information regarding impact fees: what they are;why use them; what costs are recoverable through their use; how they are calculated; and a listing of some Texas cities that impose impact fees. Council members and staff discussed the following topics: developing a draft annexation policy; involving stakeholders, developers and city council in the annexation policy drafting process; addressing the developer trust fund system or impact fees separately; and timelines. D. ADJOURNMENT The meeting was adjourned at 4:12 p.m. Corpus Christi Page 3 Printed on 4/6/2017 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Workshop Session Wednesday,April 5, 2017 3:00 PM 1201 Leopard Street Basement Training Room Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Lucy Rubio called the meeting to order at 3:02 p.m. B. City Secretary Rebecca 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 Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present 8- Council Member Carolyn Vaughn, Council Member Lucy Rubio, Council Member Rudy Garza Jr., Council Member Michael Hunter, Council Member Greg Smith, Council Member Paulette Guajardo, Council Member Joe McComb, and Council Member Ben Molina Note: Council Member Carolyn Vaughn arrived at 3:08 p.m. and Council Member Michael Hunter arrived at 3:35 p.m. C. BRIEFINGS TO CITY COUNCIL: 1. Water Utility Rates, Drought Contingency Plan and Winter Quarter Averaging Mayor Pro Tem Lucy Rubio referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding Water Utility Rates, the City's Drought Contingency Plan and Winter Quarter Averaging and introduced Assistant City Manager Mark Van Vleck who announced that the City is not proposing any Corpus Christi Page 1 Printed on 4/6/2017 City Council Workshop Session Meeting Minutes April 5, 2017 new rates at this time. Assistant City Manager Van Vleck presented the following information relating to the City's Water Utility Rates: system components; utility rate breakdown; unit cost breakdown; expenditures and revenues; calculation of unit cost; unit cost inputs; and that costs are comprised of debt and operations and maintenance(O&M). Assistant City Manager Van Vleck provided information on the following components of water operations and maintenance expenses (O&M): assumptions; cost control measures;salary-related expenses; materials and supplies for crews;vehicle replacement;services from other departments; contracted services; purchase of Lake Texana water; purification chemicals; light and power; storm water system O&M; ditch maintenance; and storm water quality monitoring. Council members and staff discussed the following topics: Take-or-pay water contracts;the City's various sources of water;the priority in which the City's water sources are used; and interruptable water supply and its cost. Assistant City Manager Van Vleck presented the following information on Capital Improvement Program (CIP) Debt Service: assumptions;existing and projected water fund debt without stormwater; raw water CIP and demand; treatment CIP;transmission CIP; distribution CIP; and the storm water CIP, which includes costs in conjuction with street improvements. Council members and staff discussed the following topics: when to replace/ not to replace storm water infrastructure when making street improvements; standards for road building; and when to/when not to construct curb-and-gutter. Assistant City Manager Van Vleck went on to provide information on water-related adjustments and Choke Canyon Reserve adjustments. Council members and staff discussed the following topics: the current debt owed on Choke Canyon Reserve; pursuing forgiveness of Choke Canyon Reserve debt and that time is of the essence in doing so given the potential for rising interest rates and the debt refunding program recently approved by city council. MOTION OF DIRECTION Council Member Greg Smith made a motion of direction directing the City Manager to contact federal authorities regarding the Bureau of Reclamation forgiving debt related to Choke Canyon Reserve, as expeditiously as possible, seconded by Council Member Vaughn and approved unanimously. Assistant City Manager Van Vleck presented information on water-related true-ups and water loss. Council members and staff discussed the following topics: flushing dead-end mains; flushing from fire hydrants versus use by residents; Uniform Development Code(UDC) requirements regarding developers not building dead end mains;the quantity of water used per year for flushing; total gallons of water produced annually; public perception of the City's flushing program; Corpus Christi Page 2 Printed on 4/6/2017 City Council Workshop Session Meeting Minutes April 5, 2017 water loss due to main breaks and leaks;the potential benefits of using chlorine dioxide;the Texas Commission on Environmental Quality's (TCEQ) interpretation, application and enforcement of state regulations related to recent boil-water notices;the economic impact of boil-water notices; and federal versus state water quality requirements. Assistant City Manager Van Vleck went on to present information on the following topics: residential, commercial and large-volume inside-city-limits minimums; non-operating revenue; debt coverage;water supply development reserve;Water Fund costs;water volume; and assumptions in the water rate model. Water Resource Manager Steve Ramos presented the following information related to the City's Drought Contingency Plan (DCP): history; purpose; state requirements;elements; and the five drought stages. Council members and staff discussed the following topics: the city is currently in stage 2 of 5;why the city is in stage 2 given the City's various water sources;that the City's current DCP is based on the water supplies in Lake Corpus Christi and Choke Canyon Reservoirs;that a more gradual transition from one stage to the next is made possible due to the City's use of water from Lake Texana and Mary Rhodes Phase II;whether the DCP should be updated to reflect the water from Lake Texana and Mary Rhodes Phase II;water-related expenses versus revenues; updating the DCP to reflect the City's current water situation,to include considering changes in supply levels and new industrial customer usage since the DCP was last updated; past city council direction regarding the DCP; how the DCP affects the City's revenues; and Corpus Christi's water rates compared to water rates in other Texas cities. MOTION OF DIRECTION Council Member Vaughn made a motion of direction directing the City Manager to review the City's Drought Contingency Plan and rates, based on current consumption and supply, and bring recommended changes to city council, seconded by Council Member Smith, and approved unanimously. Water Resource Manager Steve Ramos completed his portion of the presentation by presenting information on key stage water use restrictions. Assistant City Manager Van Vleck presented details on the following additional information: raw water,treatment, transmission, distribution and storm water; in-city-limits residential trend; rate structure methodologies; and calculating block rates. Interim Assistant Director of Support Services for Utilities Treatment Reba George presented: a sample utility bill and information on utility bill calculations. Assistant City Manager Van Vleck provided information on winter quarter averaging of waste water rates and discussed various methods of waste water rate calculations that could be presented to city council for consideration before the next budget cycle. MOTION OF DIRECTION Council Member Smith made a motion of direction directing the City Manager Corpus Christi Page 3 Printed on 4/6/2017 City Council Workshop Session Meeting Minutes April 5, 2017 to re-evaluate the billing rate structure for the City's waste water system, seconded by Council Member Molina, and approved unanimously. D. ADJOURNMENT The meeting was adjourned at at 5:20 p.m. Corpus Christi Page 4 Printed on 4/6/2017 City Of Corpus Christi AIRPORT BOARD BOARD DETAILS SeatsSIZE 10 The Airport Board advises the City Council concerning matters relating to the TERM LENGTH 3 Years aviation interests of the City of Corpus OVERVIEW TERM LIMIT 6 YearsChristi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Ten (10)members appointed by the City Council for three-year staggered terms. F-�'kCREATION/AUTHORITY Section 2 175, Code of Ordinances;Ord. Nos. 17012,4 28 82; 17748,7 27 83; DETAILS 19829, 7-07-87;20327,5-24-88;021661,5-25-93; 023755,8-31-99. ............................................................................................................................................................................................................................................................................................................................... MEETS 3rd Wednesday of every month,3:30 p.m., International Airport Board Room. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Aviation .............................................................................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE AGENDAS OTHER INFORMATION AIRPORT BOARD Page 1 of 1 Airport Board Members April 11, 2017 Four(4)vacancies with terms to 4-4-20. IF MBoardName Luis F.Buentello AIRPORT BOARD Seeking reappointment District 5 Partial 04/04/17 Member 67% 6/9 (2 exc.) Donald Feferman AIRPORT BOARD Met the six-year term limitation District 4 2 04/04/17 Chair Harold Kaffie,Jr. AIRPORT BOARD Seeking reappointment District 4 1 04/04/17 Member 67% 6/9 (3 exc.) Robert Williams AIRPORT BOARD Seeking reappointment District 5 1 04/04/17 Vice-Chair 100% 9/9 Joseph Wise AIRPORT BOARD Active District 4 1 04/04/18 Member Paul A.Cameron,Jr. AIRPORT BOARD Active District 4 Partial 04/04/18 Member Curtis Clark AIRPORT BOARD Active District 5 1 04/04/18 Member Karl Tomlinson AIRPORT BOARD Active District 4 1 04/04/19 Member Alex Garcia,Jr. AIRPORT BOARD Active District 5 2 04/04/19 Member Mary Helen Dunnam AIRPORT BOARD Active District 4 2 04/04/19 Member Airport Board Applicants April 11,2017 Greg K.Afuso Airport Board District 4 Naismith Engineering 4501 Gollihar Road Corpus Christi TX 361-814-9900 Richard Bailey Airport Board District 2 Retired Eric J.Cantu Airport Board District 5 Self-Employed 4908 Up River Rd. Corpus Christi TX 361-980-9999 Jeremy L.Coleman Airport Board District 2 P.O.Box 6564 Corpus Christi TX 361-883-1009 Roy L.Cotham Airport Board District 3 Retired-American Eagle Airlines,Inc 602 International Drive Corpus Christi TX 361-289-0730 Wallace W.Echols Airport Board District 4 Holiday Inn Corpus Christi Airport/Hotel Equities 5549 Leopard St. Corpus Christi TX 361-289-4119 Glenna Ellif Airport Board District 1 Retired Martin L.Evans Airport Board District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd,Ste.560 Corpus Christi TX William(Bill)L.Givens Airport Board District 4 Isla Custom Homes LLC 15109 Tesoro Corpus Christi TX 361-903-5901 Marc Gonzalez Airport Board District 4 Corpus Christi Army Depot 308 CRECY Corpus Christi TX 361-961-0082 Keith Heavilin Airport Board District 4 Corpus Christi AutoPlex 6422 South Padre Island Drive Corpus Christi TX 361-334-7400 Rick Jones Airport Board District 5 Mike Shaw Toyota 3232 IH 69 Access Rd. Robstown TX 361-241-3277 Andrew Lehrman Airport Board District 3 Self-employed Attorney with Law Firm 1001 3rd St. Corpus Christi TX 361-884-4981 Gordon Lester Airport Board District 5 Sikorsky Aircraft Corporation 203-400-8907 Michael McCauley Airport Board District 4 Ostarch Hilmy&Hall 615 N.Upper Broadway#800 Corpus Christi TX 361-884-1961 John D.McMullan,P.E. Airport Board District 5 Urban Engineering 2725 Swantner Drive Corpus Christi TX 361-854-3101 John Montalvo Airport Board District 4 Lockwood,Andrews&Newnam,Inc. 500 N.Shoreline Blvd.,Suite 905 Corpus Christi TX 361-792-7230 James A.Morgan Airport Board District 1 Corpus Christi Housing Authority 3701 Ayers Corpus Christi TX 361-889-3352 Merced V.Pena Airport Board District 4 Retired Heriberto A.Pineda Jr Airport Board District 5 United States Government 401 Battaan Corpus Christi TX 361-961-5259 Jon Reily Airport Board District 5 SapientRazorfish 300 6th Avenue,Ste.1600 Austin TX 512-532-2000 Samuel Saldivar,Jr. Airport Board District 5 HDR,Inc. 555 N.Carancahua St.,Suite 1600 Corpus Christi TX 361-696-3325 Lyndon E.Smiling Airport Board District 4 Sikorsky Aircraft Corporation 308 Crecy Street Corpus Christi TX Mario Tamer Airport Board District 5 United States Navy 504 Bataan Way Corpus Christi TX Barry R.Thornton Airport Board District 5 Retired,DHS/CBP Air&Marine 4306 Crested Butte Dr. Corpus Christi TX 361 850 9844 Robert Trevino Airport Board District 5 Corpus Christi Army Depot Coprus Christi TX 361-961-4296 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 31, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Greg _ K. Afuso Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 4 What district do you live in? lmmmwm� Primary Phone Alternate Phone Naismith Engineering Prosect Architect Employer Job Title 4501 Gollihar Road Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State 78411 Work Address-Zip Code Greg K. Afuso Page 1 of 4 (361) 814-9900 Work Phone g af uso@ naismith-enginee ring.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) M.Arch. Arizona State University, Professional Architect, Toastmasters International Registered Voter? r• Yes r No Current resident of the city? r Yes r No 18 years If yes,how many years? GKA_RESUME.pdf Upload a Resume Please upload any additional supporting documents Demographics Asian or Pacific Islander Greg K. Afuso Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Greg K. Afuso Page 3 of 4 Board-specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Greg K. Afuso Page 4 of 4 Greg Afuso Greg Afuso,AIA—Project Architect Education: M.Arch, Masters of Architecture, Arizona State University B.A., Environmental Design, University of California, Los Angeles (UCLA) Employment History: Project Architect: • NEI, Inc.—2.8 years (June 2013 to Present) • LNV, Inc.—2.5 years (December 2010 to May 2013) • WKMC Architects—3 years (June 2007 to December 2010) • Dykema Architects—2 years (June 2005 to June 2007) • ArchitecTKO— 1 year(June 2004 to June 2005) Architectural Designer: • WKMC Architects -7 years (June 1997 to June 2004) Civil Engineering Designer/Surveying Technician: • DES Architects and Engineers—2.6 years (Jan. 1992 to June 1994) • JNR Civil Engineer-2 years (Jan. 1989 to Dec. 1991) • City of Chino/City of Montebello -2 years (Jan. 1987 to Jan. 1989) Instructor: • Del Mar College,Architectural Technology Instructor—4.5 years (Jan. 2008 to May 2012) • Stowell Learning Center, Math/Special Education Instructor—1 year(Oct. 1990 to Oct. 1991) Summary of Qualification: • Mr. Afuso has been in the built-environment design profession for over 24 years • Board of Directors American Institute of Architects, Corpus Christi Chapter, (2011 to 2014) • Toastmaster International (Since 2008) Selected Projects: • Project Architect: Flour Bluff ISD Natatorium, Corpus Christi,Texas. Project consists of a 40,000 s.f. natatorium housing a long-course competition swimming pool, (Currently in Bid). • Construction Project Architect: City of Alice Multi-Use Complex Natatorium, Alice,Texas. Project consists of a 35,000 s.f. natatorium housing a competition swimming pool and an outdoor leisure pool. • Project Architect: City of Pearsall Police Department, Pearsall,Texas. Project consists of a new 8,000 s.f. Police Department with offices, training facility, interrogation rooms and records room. • Project Architect: Kenedy County Sheriff's Office, Kenedy,Texas. Project consists of a new 9,000 s.f. Sheriff's office with offices,training facility, interrogation rooms and an emergency operations center. • Design Architect: Del Mar College Kinesiology Department expansion, Corpus Christi,Texas. 16,000 s.f. addition to the Kinesiology Department Gymnasium and Pool facilities including a new 6,000 s.f. weight training room and a 8,000 s.f. dance studio. • Lead Designer/ Project Manager: IBC Main Bank, Corpus Christi Texas. This new operations facility includes office space, processing and meeting areas along the Corpus Christi Bayfront. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 15, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Richard _ Bailey Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 2 What district do you live in? lmmmwm� Primary Phone Alternate Phone Retired Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Work Address-Zip Code Richard Bailey Page 1 of 4 Work Phone r.bai leysr@ hotmaiI-com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Last served on a board in 2006, The Transportation Safety Advisory board. Education, Professional and/or Community Activity (Present) BBA, MBA Registered Voter? r• Yes r No Current resident of the city? r Yes r No 60 years If yes,how many years? Bailey Resume Active.doc Upload a Resume Please upload any additional supporting documents Demographics African American Richard Bailey Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Richard Bailey Page 3 of 4 Board-specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Richard Bailey Page 4 of 4 Richard W. Bailey Emirm Objective Seeking a challenging position that will continue to utilize my skills, experience and education in the area of Continuous Improvement, Lean Manufacturing and Supply Chain Logistics. ( 2003 - Present) DuPont Experience Lean Six Sigma Green Belt, Lean Practitioner, Production System Black Belt- Certified Facilitator- • Successful implementation of a Lean Production System as a Production System Expert. The DuPont Production System is an integrated system designed to deploy best practices, develop people and organizational capability, and find creative new ways to utilize assets and eliminate waste. Its scope is to "make and deliver"at all DuPont owned/operated manufacturing units. The system is focused on safely serving customers, understanding and outperforming competition, and fully engaging everyone in continuous improvement. It parallels the Toyota Production system in concept and purpose. - Implementation included a diagnostics phase, which identified $14.2 million of potential improvement projects and was achieved over a 2 year period. • Successfully implemented TRACC best practices at the Corpus Christi site using lean six sigma tools. TRACC is an Enhancement Toolset for Lean Production System execution. • Personally led several Black Belt and Kaizen projects which delivered over$1.8 million in hard savings. • Facilitated (part of 3 man team) over 20,000 man hours of training. • Coached and trained site leadership New Mindsets and Behaviors concepts of a Lean Production System. ( 1997 - 2007) Supply Chain Logistics Team Lead- • Managed the Shipping and Logistics Department. • Responsible for reporting site inventory accuracy metrics to corporate Business Managers. • Site Manufacturing Lead (SME) "Subject Matter Expert'for its Enterprise System "SAP". Functional member of the SAP implementation team from design through "go live". • Corporation Fleet Manager for more than 500 units of mobile equipment. (tanker cars, trailers, ISO containers) • Responsible for Manufacturing Sarbanes Oxley Reporting. • Responsible for the Production Accounting Group. • Working knowledge of Industrial manufacturing processes, process technology and/or product development. 10 years experience as a manufacturing supervisor on shift rotation. 2 years experience as a project supervisor on$100 million project. • Certified in D.O.T regulatory compliance Education (1998—2006) Texas A& M University Corpus Christi, Texas ■ M.B.A. 2006 ■ B.B.A. Information Systems Applications 2002 ■ Studied and toured the New York Financial Markets in 2005 ■ Preformed regression analysis to support a Financial Publication (not published)concerning Mutual Fund Activity in 2006 ■ Advanced Excel,Access Database, SAP R2/R3, knowledge/training ■ Top of my class in Strategy Analysis (Personal Analysis of The Symantec Corporation) ■ Offered opportunity to present co-authored paper at University Conference in Las Vegas Nevada. 2006 Interests Ballroom Dancing, football, baseball, fishing and golf Civic Involvement (2005-2007) Vice Chair of the Transportation Safety Advisory Committee for the City of Corpus Christi Texas. Appointed by Mayor Henry Garrett (2005 -2007) Advisor to the San Patricio Rural Rail District for San Patricio County (2005—2007) Industry representative to the Harbor Safety Committee of the City of Corpus Christi Texas References available upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 05, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Eric _ J Cantu Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? INNNNNN� Primary Phone Alternate Phone SELF EMPLOYED SELF EMPLOYED Employer Job Title 4908 UP RIVER RD Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City TEXAS Work Address-State 78407 Work Address-Zip Code Eric J Cantu Page 1 of 4 3619809999 Work Phone ECANTU@a LONESTARWRECKERCC.COM Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NONE. Education, Professional and/or Community Activity (Present) Registered Voter? r' Yes c No Current resident of the city? r Yes r No 31 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Hispanic Eric J Cantu Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Eric J Cantu Page 3 of 4 Board-specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Eric J Cantu Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 20, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Jeremy _ L Coleman Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, HUMAN RELATIONS COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Street Address Suite or Apt oft City State Postal Code District 2 What district do you live in? lmmmwm� Primary Phone Alternate Phone Employer Job Title P.O. Box 6564 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State 78466 Work Address-Zip Code Jeremy L Coleman Page 1 of 5 361-883-1009 Work Phone j.lanecoleman@gmail.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Graduate of Richard King High School 1999 Del Mar College - 2years Community: Regional Director for South Texas Young Voters DMS, Member of NAACP Registered Voter? c' Yes c No Current resident of the city? r Yes ( No 35 If yes,how many years? CC Board Resume.docx Upload a Resume Please upload any additional supporting documents Demographics African American Jeremy L Coleman Page 2 of 5 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Jeremy L Coleman Page 3 of 5 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? (-. Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Have you held public office during the past 3 years? r Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Are you over 25 years of age? rYes rNo Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r= Yes (- No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Jeremy L Coleman Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? r-- Yes r No Jeremy L Coleman Page 5 of 5 Jeremy L. Coleman Resume Jeremy Lane Coleman OBJECTIVE: To become active within volunteer city government boards and commissions. HIGHLIGHTS OF QUALIFICATIONS: • Eight years office management experience • Three years instructional experience working with public administration and public education • Five years of supervisory and department head experience • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Well organized; strong in planning and implementing programs • Able to set and achieve goals • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Excellent communication skills —verbal and written • Skill in dealing with sensitive populations in a professional and concerned manner • Able to handle a multitude of details at once, meeting deadlines under pressure • A decision maker; resourceful, and works well independently or as a cooperative team worker • Self-motivated; able to learn anything on own initiative • Exceptional organizational skills PROFESSIONAL EXPERIENCE: • Manage and maintain executives' schedules • Prepare invoices, reports, memos, letters, financial statements and other documents using word processing, spreadsheet, database and presentation software • Read and analyze incoming memos, submissions, and reports to determine their significance and plan their distribution • Develop and analyze general operational budgets • Strong business skills in accounts receivable, payroll, and accounts payable • Open, sort, and distribute incoming correspondence, including faxes and email • File and retrieve corporate documents, records, and reports • Prepare responses to correspondence containing routine inquiries • Perform general office duties such as ordering supplies, maintaining records, management systems and performing basic bookkeeping work • Prepare agendas and make arrangements for committee, board, and other meetings • Served as liaison to company executives on employee relations and job performance for call center • Enforce administration policies and rules governing business • Prepare and lead weekly managers' trainings • Evaluate and counsel employees • Hire, interview and carry out disciplinary action in various departments TECHNICAL SKILLS Computer literate —Word, Excel,Access, PowerPoint, internet, QuickBooks, P.D.S., Quicken, Grassroots, data entry programs, 10-key by touch, most office equipment including fax machine and copiers EMPLOYMENT HISTORY New Development Manager Brooks Chapel E.C.D.C., Inc. August 2001 — September 2003 1517 Winnebago Street Corpus Christi, TX 78401 Chief of Staff N.A.A.C.P. Corpus Christi, Inc. November 2003—January 2006 1519 N. Chaparral St. Corpus Christi, TX 78401 Church Secretary St. John Baptist Church December 2007—April 2013 5445 Greenwood Drive Corpus Christi, TX 78418 Sales Representative T-Mobile USA, Inc. June 2013 —February 2015 Area Operations Manager GMet Communications, Inc. February 2015—June 13, 2015 5848 Kostoryz Road Corpus Christi, TX 78406 Director of Life Enrichment Capital Senior Living September 11, 2015— Dec. 6,2016 5813 Esplanade Drive Corpus Christi, TX 78414 EDUCATION (currently pursuing)B.A./Business Administration Texas A&M CC Corpus Christi,TX Graduate Richard King High School Corpus Christi,TX Certification QuickBooks Pro2008 Del Mar College Corpus Christi,TX Certification TOPS Certification ESC2 E.S.C.2 Corpus Christi,TX PROFESSIONAL AND COMMUNITY ASSOCIATIONS • Former Chairman— Brooks Chapel Early Childhood Center, Inc. • Past President of Ignite Political Action Committee • Past Board Member- Sister City Council of Corpus Christi • Past County Board Member— Nueces County Community Action Agency • Former Chairman and President—Youth Council & Foundation of Corpus Christi • Former Board Member—Mayor's Advisory Council • National Board Member— Camp Fire U.S.A. • Former Chairman of Health Committee — N.A.A.C.P. • Past Secretary — N.A.A.C.P. Executive Committee • Past President—City-Wide Youth Council of Corpus Christi • Former Member of Student Government Association/Del Mar College • Regional Director—Texas YD Council BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 23, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Roy _ L Cotham _ Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 3 What district do you live in? lmmmwm� Primary Phone Alternate Phone Retired - American Eagle Airlines, Inc Aviation Professional Employer Job Title 602 International Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State 78406 Work Address-Zip Code Roy L Cotham Page 1 of 4 361-289-0730 Work Phone LimaCharlie3@hotmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Graduate of Del Mar Regional Police Academy - 1989. Nueces County Deputy Sheriff 1989-2007. American Eagle Airlines, Inc 1995-2014, Ticket Agent, Operations Agent, Ground Security Coordinator. Received the U.S. Coast Guard Meritorious Public Service Award in 2003 for assisting U.S. Coast Guard operations while working with the Governor's Task Force on Homeland Security. 2004 Nominee for the Caller Times Jefferson Volunteer Award. Registered Voter? (-. Yes r' No Current resident of the city? r. Yes r- No 46 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Roy L Cotham Page 2 of 4 Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Roy L Cotham Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Roy L Cotham Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 09, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Wallace W Echols jr Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, ARTS & CULTURAL COMMISSION, ETHICS COMMISSION Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Holiday Inn Corpus Christi Airport / Hotel Equities Employer 5549 Leopard St Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78408 Work Address - Zip Code Director of Sales and Marketing Job Title Wallace W Echols jr Page 1 of 5 3612894119 Work Phone wade.echols@himarina.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: not at this time Education, Professional and/or Community Activity (Present) 1998 - 1999 Spartan School of Aeronautics Tulsa, Ok 2005 Short Course at Conrad Hilton Hotel Houston, TX 2003-2005 2006 - 2008 Del Mar College Hospitality Program Corpus Christi, TX PROFESSIONAL MEMBERSHIPS / AWARDS 2006-2007 Webmaster for the Coastal Bend Hotel Sales and Marketing Association 2005-2006 Secretary of the Coastal Bend Hotel Sales and Marketing Association Past member of Corpus Christi Chamber of Commerce Past member of the year Corpus Christi Hispanic Chamber of Commerce 2007 Member of the year, Coastal Bend Hotel Sales and Marketing Association 2009 Texas Western Sales Manager of the Year, South Texas Region 2001 -Present Greater Corpus Christi Hotel and Motel Association Registered Voter? Yes No Current resident of the city? Yes r No 10 If yes, how many years? Upload a Resume Please upload any additional supporting documents Wallace W Echols jr Page 2 of 5 Demographics Caucasian/Non-Hispanic Ethnicity Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Wallace W Echols jr Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Wallace W Echols jr Page 4 of 5 Wallace W Echols jr Page 5 of 5 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 28, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Glenna Ellif Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 1 What district do you live in? Primary Phone Alternate Phone Retired Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Glenna Ellif Page 1 of 4 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) RETIRED. GRADUATED FROM ROBSTOWN HIGH SCHOOL; ATTENDED TEXAS A&I UNIVERSITY AT KINGSVILLE, TEXAS; SERVED ON NUECES WATER BOARD #3; FORMER GENERAL MANAGER/OWNER OF JENNINGS CHEVROLET CO. IN ROBSTOWN, TEXAS. Registered Voter? Yes r No Current resident of the city? r: Yes ` No 17 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Glenna Ellif Page 2 of 4 Caucasian/Non-Hispanic Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Glenna Ellif Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Glenna Ellif Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 14, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Martin L. Evans Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, NUECES COUNTY TAX APPRAISAL DISTRICT, PLANNING COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX 11111111111.1111 Street Address Suite or Apt 111 City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Freedom Investment Counsel LLC Owner Employer Job Title 101 North Shoreline Blvd, STE 560 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Martin L. Evans Page 1 of 5 TX Work Address - State 78401 Work Address - Zip Code Work Phone Marty@Freedom-ic.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BS Political Science & History Ed, Texas A&I University Registered Voter? Yes No Current resident of the city? Yes No 50 If yes, how many years? City _Board _Resume.doc Upload a Resume Please upload any additional supporting documents Martin L. Evans Page 2 of 5 Demographics Unknown Ethnicity Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Martin L. Evans Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * • Financial Institutions Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you transportation disadvantaged? • Yes r No Martin L. Evans Page 4 of 5 Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? c; Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT. Have you resided in the District for at least 2 years? r• Yes r No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? r Yes C No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes c No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? Yes r No Martin L. Evans Page 5 of 5 MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS & ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+ personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non -criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama (Operation Just Cause) Aviation issues briefing officer for Commander US Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras & El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written & verbal Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Information analysis and reporting Project development and oversight Budgeting EXPERINCE: May 2009 — Present Financial planning and analysis Training and Teaching Computer and Internet savvy Marketing and sales P & L analysis Registered Principle/Owner — Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995 -Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994 -Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991 -Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5 -person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight -state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991 -Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990 -Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986 -Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite Windows NT MS Word MS Excel Group one life & annuity insurance license Education: NASD Series 7 Series 63 ACT Contact Management data base MS PowerPoint Series 65 Series 31 Investment Management Consultant Internet savvy Graduated Calallen Highschool 1969, BS in Political Science & History ED, Texas A & I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 10, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile William (Bill) L. Givens Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Isla Custom Homes, LLC Co -Owner and CFO Employer Job Title 15109 Tesoro Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78418 Work Address - Zip Code William (Bill) L. Givens Page 1 of 5 (361) 903-5901 Work Phone islahomesllc@yahoo.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, but I have previously contacted my city council member about a nomination for the Planning Commission and the Sister City Committee. Education, Professional and/or Community Activity (Present) Dual Master's degree in Management & Leadership and Human Resource Development. Adjunct Instructor (Aircraft Maintenance Technology) Del Mar College. Over 30 years of civil and military aviation maintenance experience that started right here at Corpus Christi International Airport. Registered Voter? cYes r'No Current resident of the city? rr Yes r No 38 years (30 while in the USAF) If yes, how many years? William L. Givens Resume Summer 15- 1.docx Upload a Resume Please upload any additional supporting documents Demographics William (Bill) L. Givens Page 2 of 5 Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree William (Bill) L. Givens Page 3 of 5 Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? r` Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. William (Bill) L. Givens Page 4 of 5 William (Bill) L. Givens Page 5 of 5 William L. Givens Comprehensive leadership and resource management experience. Proven at leading/assessing both people and mission -focused cross -functional teams at operational and strategic levels. Experienced motivator and problem solver committed to short and long-term organizational success. Develops/implements policy, emergency response, safety programs and training development Strong Work Ethic/ Program Management/ Aviation Technical Advisor/ Organizational Change/ Resource Development/ Process Analysis/ Lean Thinking/ Effective Communicator/ Technical Writer/ Employee Relations/ Complex Problem Solving/Root Cause Analysis/ Policy Development/ Team Building/ MS Office Suite PROFESSIONAL EXPERIENCE Isla Custom Homes, LLC Corpus Christi, TX Co -Owner and CFO Jan 2015 to Present Responsible for planning, implementing, managing and controlling all business and financial - related activities. Paul Braly Framing (Construction) Corpus Christi, TX Site Operations Manager Nov 2014 to Present Plans, directs and coordinates residential and commercial construction projects. Responsible for resource management and safety. Preferred framing company for Caleb Custom Homes INC, Newport Custom Homes and Isla Custom Homes, LLC. Headquarters United States Air Force Pentagon, Washington DC Senior Program & Human Resources Manager May 2012 to Nov 2014 Responsible for manpower, organization and training policy for 104,000 world-wide full/part time aircraft maintenance workforce. Directly influenced AF's annual $10 billion formal training budget ensuring efficient use of funds and priorities. Routinely briefed/advised senior logistics leaders and senior corporate partners on mission and cross -functional employee matters. 30 -year United States Air Force Veteran Nov 1984 to Nov 2014 EDUCATION Dual Masters of Arts in Management & Leadership and Human Resource Development Webster University, St Louis, MO Bachelor of Science, Professional Aeronautics; minor in Business Administration & Safety Embry -Riddle Aeronautical University, Daytona Beach, FL Associates of Arts, Aircraft Maintenance Technology Community College of the Air Force Pursuing Project Management Professional Certification Syracuse University, NY CERTIFICATIONS/ SPECIALIZED TRAINING Adjunct Instructor (Aircraft Maintenance Technology) Del Mar College, Corpus Christi, TX FAAAirframe and Powerplant License Safety Program Management Certificate (Embry -Riddle) Numerous Mid and Senior Level USAF Leadership courses Active Top Secret/SCI Clearance (Expires Feb '19) PROFESSIONAL AFFILIATIONS • Member, Builder's Association of Corpus Christi • Member, Association for Talent Development (formerlyASTD) Metro DC Chapter • Member, Aircraft Maintenance Technology (AMT) Society • Member, Texas Aviation Association References and additional information provided upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 29, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Marc Prefix First Name Email Address Middle Initial Gonzalez Last Name Which Boards would you like to apply for? AIRPORT BOARD, WATER RESOURCES ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone DEPT. OF THE ARMY, CORPUS CHRISTI ARMY DEPOT Employer 308 CRECY Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78419 Work Address - Zip Code Alternate Phone DIRECTOR, INFRASTRUCTURE OPERATIONS Job Title Marc Gonzalez Page 1 of 5 361-961-0082 Work Phone Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) MBA, TAMU-CC - IN PROGRESS; MASTER OF AERONAUTICAL SCIENCE, ERAU, 2006; BA, UTSA, 1996; COMMISSIONED OFFICER US AIR FORCE 1990-2008; RESPONSIBLE FOR ALL FACILITIES, CONSTRUCTION, ENVIRONMENTAL AND WASTEWATER TREATMENT; LEADERSHIP CORPUS CHRISTI - CLASS 39, 2011. Registered Voter? cYes r'No Current resident of the city? rr Yes r No 5 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Marc Gonzalez Page 2 of 5 Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Marc Gonzalez Page 3 of 5 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 1`J Residential Customer and Home Owner of City's Water System IW Military Facility Representative Marc Gonzalez Page 4 of 5 Marc Gonzalez Page 5 of 5 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 14, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Keith Heavilin Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, MARINA ADVISORY COMMITTEE, PLANNING COMMISSION Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Corpus Christi AutoPlex General Manager Employer Job Title 6422 SPID Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78418 Work Address - Zip Code Keith Heavilin Page 1 of 5 3613347400 Work Phone keith@ccautoplex.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Registered Voter? t: Yes No Current resident of the city? c Yes r No 1 If yes, how many years? Keith Heavilin Resume 2016.docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Keith Heavilin Page 2 of 5 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Keith Heavilin Page 3 of 5 Board -specific questions (if applicable) Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? Yes No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Have you held public office during the past 3 years? cYes 6 -No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Are you over 25 years of age? 6' Yes rNo Question applies to MARINA ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * TJ None of the Above Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes No Keith Heavilin Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Keith Heavilin Page 5 of 5 Keith Heavilin WORK EXPERIENCE General Manager CC AutoPlex, Corpus Christi, TX April 2016 -Present • Oversee all operations of a start-up buy -here -pay -here car dealership, related finance company, and service shop • Responsible for establishing and implementing all processes and procedures to insure a profitable and compliant dealership and finance company. • Responsible for vehicle procurement, sales and collection operations and all accounting and financials. General Manager Smart Auto Inc., Knoxville, TN June 2010- May 2015 • Oversaw all operations of bicoastal, $38 million portfolio buy -here -pay -here car dealership, related finance company, and service shops • Directly managed 15 key managers including Sales, Service, Finance, General Counsel, Business Development, and Dealer Support personnel • Responsible for growing portfolio by 30% in 5 year tenure as General Manager Supported four full-service car dealership locations, hired key managers, developed and executed successful operational policies and procedures in all departments • Continually identified areas of improvement throughout the organization, developed strategic plan for improvement, managed process until goal metrics were reached Service Manager Smart Auto Inc., Knoxville, TN January 2010 • Changed parts ordering process to save $250,000 per year per location • Established Asset Management performance metrics and buying guides for buyers in all locations • Streamlined reconditioning process of assets to reduce cost by $250 per unit • Exceeded all established performance goals while reducing overhead and employee headcount Customer Relationship Manager/Underwriter Smart Auto Inc., Knoxville, TN August 2009 • Responsible for daily, weekly, and monthly collection goals including: cash collected, delinquency, repossessions, and charge offs. • Performed all underwriting of vehicle loans on site to buy from related sales company • Maintained relationships with customers throughout life of auto loan ensuring timely payments to the finance company SKILLS EDUCATION • Proficient manager of teams and individuals • Highly adaptable to new and changing conditions • Expert at finding bad/inefficient processes and procedures and implementing corrections for efficiency and profitability • Expert user of FEXDMS, Dialing Systems, Accurint, GPS Tracking Systems University of Tennessee, Knoxville, Tennessee BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Rick Jones Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone MIKE SHAW TOYOTA GENERAL MANAGER Employer Job Title 3232 IH 69 ACCESS RD. Work Address - Street Address and Suite Number ROBSTOWN Work Address - City TX Work Address - State 78380 Work Address - Zip Code Rick Jones Page 1 of 4 361-241-3277 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SUPPORT WIFE IN JUNIOR LEAGUE; DUCKS UNLIMITED; NUECES COUNTY JUNIOR LIVESTOCK SHOW; KINGSVILLE NAVAL AIR BASE (SUPPORT); RECIPIENT CORPUS CHRISTI UNDER 40 AWARD; RECIPIENT GM STANDARDS FOR EXCELLENCE; RECIPIENT TOYOTA PRESIDENT AWARD; FASTING GROWING DEALERSHIP RECOGNITION; Registered Voter? cYes r'No Current resident of the city? rr Yes r No 5 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Rick Jones Page 2 of 4 Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Rick Jones Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Rick Jones Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 01, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Andrew Lehrman Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 3 What district do you live in? Primary Phone Alternate Phone Self employed attorney with law firm Employer 1001 3rd St Work Address - Street Address and Suite Number corpus christi Work Address - City Tx Work Address - State 78404 Work Address - Zip Code Partner Job Title Andrew Lehrman Page 1 of 4 3618844981 Work Phone alehrman@albmlaw.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) B.S. from Univ of Florida;law degree J.D. from Marshall School of Law/involved previously as Board Member for several boards; past President Corpus Christi Bar Assoc/Congregation Beth Israe/ Registered Voter? r• Yes r No Current resident of the city? t7 Yes ` No 40 yrs If yes, how many years? AJL Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Andrew Lehrman Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Andrew Lehrman Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Andrew Lehrman Page 4 of 4 RESUME OF ANDREW J. LEHRMAN Business Address: New Mexico Office: NI= EDUCATION: B.S., University of Florida, With Honors, 1973 J.D. Law Degree, Marshall School of Law, With High Honors, 1976 Admitted by the State Bar of Texas, May, 1976; Admitted by the State Bar of New Mexico, April 2010, Admitted to practice in all State Courts of Texas, U.S. District Courts for the Southern and Western Districts of Texas, U.S. District Court of New Mexico, U.S. Courts of Appeals for the Fifth Circuit, and U.S. Supreme Court Certified Mediator • Texas Mediator Credentialing Association (Certified Mediator); mediating and arbitrating since 1996; • Have mediated/arbitrated in excess of 4,000 cases; • Arbitrator in a fourteen (14) week arbitration in Austin, Texas, involving contractual and insurance issues; EMPLOYMENT Briefing Attorney, Thirteenth Court of Appeals, 1976 Assistant County Attorney -Prosecutor, Nueces County Attorney's Office, 1976-1978 Managing Partner and Partner, Anderson, Lehrman, Barre & Maraist, LLP, 1978 -Present ACTIVITIES Texas Board of Legal Specialization, Board Certified, Civil Trial Law since 1982; re -certified 1987, 1992, 1997, 2002, 2007, and 2012 Certified Mediator, Texas Mediator Credentialing Association, 2004 Corpus Christi Bar Association, Past President, 1990-1991 "AV" rated, Martindale -Hubbell Attorneys -Mediators Institute -Basic Mediation Training, 1996 Areas of experience and subject matters include, but not limited to: . . personal injury consumer law oil and gas insurance disputes business/contractual disputes medical and legal malpractice maritime claims . . . . . discrimination claims bankruptcy construction defects real estate disputes catastrophic death cases products liability ABOTA (American Board of Trial Advocates), Member National Academy of Distinguished Neutrals, Member State Bar of Texas, Member, Alternative Dispute Resolution Section State Bar of New Mexico, Appointed to ADR Committee U.S. District Court, Southern District of Texas and U.S. Bankruptucy Court, Southern Division of Texas, Appointed to the Approved Provider (ADR) List, 1997 -Present Equal Employment Opportunity Commission Mediation Panel, Appointed to Panel, 1998 Better Business Bureau of Corpus Christi, General Counsel, 1980-2009 Civil Service Board, City of Corpus Christi, Chairman and Member, 1997-2004 Civil Service Commission, City of Corpus Christi, Vice Chairman and Member, 1997-2004 Special Master, Appointed by the 214th District Court, Nueces County, Texas, to oversee all the discovery in Castillo v. General Motors and Suzuki Corporation Advanced Civil Trial Seminar, Lecturer, Corpus Christi Bar Association: Update on Daubert v. Robinson, 1996 Texas Monthly, Named to "Super Lawyer" List for Alternative Dispute Resolution, 2005-2014 Leadership Corpus Christi XV, Graduate Member and/or Former Member: Board of Directors for National Kidney Foundation, Boys Club of Corpus Christi, Better Business Bureau, United Way, Coastal Bend Consumer Foundation Practicing Trial Lawyer in area of civil litigation, including: business litigation, insurance law, medical malpractice law, personal injury law, consumer law, banking law, consumer credit; extensive litigation experience in all areas of civil litigation. PERSONAL Married to Iris Lehrman; two children, Leslie and Jeffrey BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Gordon Lester Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone SIKORSKY AIRCRAFT CORPORATION CHIEF PILOT Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Gordon Lester Page 1 of 5 203-400-8907 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) CURRENTLY CHIEF PILOT AND EXPERIMENTAL TEST PILOT FOR SIKORSKY AIRCRAFT. FAA COMMERCIAL CERTIFICATE IN AIRPLANES (SE &ME), HELICOPTERS, AND GLIDERS. CERTIFIED FLIGHT INSTRUCTOR. IN 2004-2009 WAS SIKORSKY PROGRAM MANAGER FOR PARTNERSHIP WITH CCAD. MARRIED WITH TWO DAUGHTERS, WHO BOTH GRADUATED FROM MARY CARROLL HIGH SCHOOL AND NOW ATTEND TEXAS STATE UNIVERSITY. MASTERS IN BUSINESS FROM WEBSTER UNIVERSITY. BACHELOR OF ARTS IN AIRPORT MANAGEMENT FROM TROY UNIVERSITY. Registered Voter? Yes No Current resident of the city? Yes r No 8.5 If yes, how many years? Upload a Resume Please upload any additional supporting documents Gordon Lester Page 2 of 5 Demographics Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Gordon Lester Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Gordon Lester Page 4 of 5 Gordon Lester Page 5 of 5 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 28, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Michael Prefix First Name Email Address McCauley Middle Initial Last Name Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Ostarch Hilmy & Hall Attorney Employer Job Title 615 N. Upper Broadway #800 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code Michael McCauley Page 1 of 4 3618841961 Work Phone mmccauley@ohhlaw.net Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BA- History; JD- Law; Past Travel Agency owner of 10+ years; full time attorney; active and involved in community; City of Corpus Christi's #1 fan!! and avid traveler who frequently uses the CC Int Airport Registered Voter? r• Yes r No Current resident of the city? r: Yes ` No 50 If yes, how many years? Resume - McCauley updated Dec 15 .doc Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Michael McCauley Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Michael McCauley Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Michael McCauley Page 4 of 4 MICHAEL A. McCAULEY EDUCATION BARRY UNIVERSITY SCHOOL OF LAW, Orlando, Florida Juris Doctor Degree, December 2005 Class Rank: Top 20% Activities: Student Bar Association, 2L Class Senator SOUTH TEXAS COLLEGE OF LAW, Houston, Texas Visiting Student, Summer & Fall, 2005 SOUTHERN METHODIST UNIVERSITY, Dallas, Texas Bachelor of Arts in History, August, 1988 Minor: Business PROFESSIONAL EXPERIENCE OSTARCH, HILMY, HALL & McCAULEY, PLLC, Corpus Christi, Texas Attorney, Partner July 2007 - present NUECES COUNTY DISTRICT ATTORNEY, Corpus Christi, Texas Assistant District Attorney June 2006 to July 2007 Responsible for daily County Court docket, preparing cases for trial, prosecuting cases and arguing motions before the court. Extensive plea bargaining experience with opposing counsel. McCAULEY TRAVEL SERVICE, Corpus Christi, Texas General Manager & Travel Agent 1991 - 2002 Owner & manager of multi-million dollar travel agency. Founded McCauley Travel in 1991 and subsequently grew the business into one of the top producing travel agencies in Corpus Christi. Responsible for motivating and supervising 5 employees as well as marketing, business development & day to day operations of the business. Sold the business in 2002 to go to law school. Extensive business and community experience as owner/operator of local small business. HOBBIES & INTERESTS • History • Travel • Hunting • Investments • Politics BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 20, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile John Prefix First Name Email Address D McMullan P.E. Middle Initial Last Name Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, TRANSPORTATION ADVISORY COMMISSION, WATER RESOURCES ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Urban Engineering Project Engineer Employer Job Title 2725 Swantner Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State John D McMullan P.E. Page 1 of 5 78404 Work Address - Zip Code 361-854-3101 Work Phone dougm@urbaneng.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not currently serving on a City Board or Commission. Served on the Zoning Board of adjustment from 2010 to April 2016. Education, Professional and/or Community Activity (Present) Bachelor or Engineering, Civil Engineering. Currently representing the Corpus Christi Branch the American Society of Civil Engineers as the Texas Section Director. Registered Voter? cYes No Current resident of the city? Yes r No 20 If yes, how many years? Resume Doug McMullan2.pdf Upload a Resume Please upload any additional supporting documents Demographics John D McMullan P.E. Page 2 of 5 Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 14 I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree John D McMullan P.E. Page 3 of 5 Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * V Engineer Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? cYes No John D McMullan P.E. Page 4 of 5 Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Residential Customer and Home Owner of City's Water System John D McMullan P.E. Page 5 of 5 J. Douglas McMullan, P.E. Project Engineer Engineering Experience Urban Engineering, Project Engineer (2011 to Present) Freese and Nichols, Project Engineer (2008 to 2011) Urban Engineering, Project Engineer (1997 to 2008) Ainley & Associates, Ltd., Project Engineer (1995 to 1997) Barrie Inspection & Testing Field Engineer (1994 to 1995) Henderson Paddon & Assoc, Ltd., Engineering Technician (1987 to 1992) During his eighteen years as a project engineer Mr. McMullan has provided design and project management services on water/wastewater utility, wastewater treatment, street rehabilitation and environmental projects. Mr. McMullan has prepared fee proposals, negotiated with clients and facilitated the design, bidding and construction administration of projects. Mr. McMullan has also prepared the scope of services for electrical, geotechnical, structural and environmental sub- consultants and negotiated contracts with them to undertake the work. Mr. McMullan has provided direction to drafting and technical leads in the design and preparation of contract documents. He has supervised the preparation of permit applications for TxDOT, USACE, TGLO, TPDES (wastewater discharge), re -use of treated effluent and air emissions. Through his design and project management experience Mr. McMullan has assisted many clients in realizing their project goals in an economical and efficient manner. Selected Major Projects Water: • Padre Island Water Line and Gas Line Extension Phase 2 (E10172), Project Manager • Padre Island Water Supply Improvements Phase 1 (E10172), Project Manager • Valero Three Rivers Water Supply Improvements • Harbor Island Water Supply Improvements, Project Manager • Staples Street Pumping Station New 10 MGD Pumps (E12004), Project Manager • City Wide Water Distribution System Repair and Replacement IDIQ Procurement (8610), Project Manager • Southside Water Transmission Main Phases 2through 6, Project Engineer/Project Manager Wastewater: • Park Road 22 Lift Station and Force Main, Project Engineer, Project Manager • City -Wide Wastewater Collection System R & R IDIQ, Project Manager • City of Corpus Christi - Arcadia Lift Station Odor Control, Project Engineer • Broadway Basin S50 -1/I and Rehabilitation Stage II, Project Manager • Broadway Basin Sanitary Sewer Evaluation Study, Project Manager • Broadway WWTP Basin Service Area Sewer Line Rehabilitation, Project Manager • City of Three Rivers -Treated Effluent Force Main, Project Engineer, Project Manager • City of Rockport Sanitary Sewer Rehabilitation, Project Manager LEURBAN ENGINEERING Experience 22 years Education Lakehead University — Thunder Bay, Ontario, Canada (1994) B.S. Engineering in Civil Engineering Registrations Licensed Professional Engineer, PE (2003), Texas Board of Professional Engineers Licensed Professional Engineer, P. Eng. (1998) Professional Engineers of Ontario, Canada Certification Registered as a Project Management Professional, PMP (2012) PMI Memberships American Society of Civil Engineers (2004) American Water Works Association (2017) Water Environment Federation (2008- 2017) Project Management Institute (2010) Civic Volunteering City of Corpus Christi, Zoning Board of Adjustment (2010- 2016) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 24, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix John First Name Middle Initial Email Address Montalvo _ Last Name Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Lockwood, Andrews & Newnam, Inc. Employer 500 N. Shoreline Blvd., Suite 905 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code Sr. Construction Manager Job Title John Montalvo Page 1 of 4 361-792-7230 Work Phone JMontalvo@lan-inc.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Master of Science - Architectural Engineering University of Texas at Austin 1 1991 Bachelor of Environmental Design - Architecture Texas A&M University 1 1986 Active in the Corpus branches of the following professional organizations. * American Society of Civil Engineers — ASCE * American Planning Association — APA * American Water Works Association — AWWA * Water Environment Association of Texas — WEAT Registered Voter? cYes r'No Current resident of the city? rr Yes r No 20+ (counting prior residency) If yes, how many years? John Montalvo - resume 3-24- 17.pdf Upload a Resume Please upload any additional supporting documents Demographics John Montalvo Page 2 of 4 Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree John Montalvo Page 3 of 4 Board -specific questions (if applicable) John Montalvo Page 4 of 4 JOHN MONTALVO Education Master of Science 1 Architectural Engineering Focus: Construction Engineering and Project Management College of Civil Engineering University of Texas at Austin 1 1991 Bachelor of Environmental Design 1 Architecture College of Architecture Texas A&M University 1 1986 University of Houston 1 1999 — 2000 Successfully completed half of the graduate coursework toward a Master of Science degree in Civil Engineering No degree University of Texas at Austin 1 1988 - 1989 Successfully completed two years of undergraduate civil engineering course work as pre -requisite for master's degree No degree Del Mar College 1 1981-1983 Corpus Christi, Texas Successfully completed core undergraduate coursework No degree Richard King High School 1 1981 Corpus Christi, Texas Professional Affiliations American Society of Civil Engineers — ASCE American Institute of Architects — AIA* American Planning Association — APA Construction Management Association of America — CMAA American Water Works Association — AWWA Water Environment Association of Texas — WEAT Houston Hispanic Architects & Engineers — HHAE** *membership renewal pending ** past board member — non-active moved to Corpus Christi Civic Work Super Neighborhood No. 88 (Houston, TX)*** Houston Country Club Place Civic Club (Houston, TX)*** ***past officer— non-active moved to Corpus Christi Background John has over 25 years of experience in all phases of design and construction. John previously worked for Hensel Phelps Construction Company in their general contracting, program management and international divisions, and is currently working for Lockwood, Andrews & Newnam, Inc. in their infrastructure water conveyance group and previously with their architectural aviation group. John's experience includes architectural and civil engineering, construction phase services, resident engineer/architect, program management, resident construction manager, inspection, consultant City project manager in construction branch of public works department, and cost estimating on a wide variety of projects, and contract types, ranging from lump sum and unit price, competitive sealed proposals, conceptual estimating, to a CMAR cost plus fixed fee with a guaranteed maximum price. Projects have ranged up to a $300M design - build fast-track 24/7 complex high-tech project. John has a proven proactive management approach to completing projects on time, within budget and in accordance with the contract documents, from NTP to testing, startup, commissioning and project closeout, with the proven ability to promptly respond and prepare or assist with solutions to unforeseen and differing conditions, including the timely, fair and judicious use of work change directives that avoid or minimize time and cost impacts. John maintains constant and timely communication with clients and their operation and maintenance staff, and effectively coordinates with the design team, contractor, inspectors, testing labs, permitting agencies, general public, public officials, tenants, management districts, private utility owners, manufacturers, suppliers, and other stakeholders. John has developed and implemented management information systems for various programs and projects, and has assisted clients with updating or creating management process manuals, document control systems, general conditions and general requirements. John has extensive constructability review experience, and value engineering, cost estimating experience, including the development of a cost model for a 108 -inch diameter waterline transmission program for estimating project costs when key variables are changed such as pipe diameters, pipe thickness, trench width, trench depth, types of backfill material, forecasted price of steel, assumed production rates for urban and rural locations, forecasted bid dates, etc. John has successfully managed and assisted Clients with breach of contract terminations (ex., contractor non-performance, bankruptcies), including effectively working with the Client and Surety to retain an acceptable take-over contractor to complete the remaining work. Aviation Projects William P. Hobby Airport Central Concourse, Ticketing and Central Plant Upgrades — Houston Airport System, Houston, TX, $77M (2000 — 2003): John was the resident design representative for this program. The primary project in the program was the construction of a new 374,000 SF central concourse with 20 gates for Southwest Airlines, including a new ticketing facility, pedestrian connector Updated: 3/24/17 John Montalvo Page 1 of 6 bridge and baggage handling and central plant facilities. The new facility was built primarily with cast -in-place concrete, structural steel, glass curtain walls, skylights, and standing seam metal roofs. The work included a utility tunnel, underground hydrant fueling system, fire suppression and fire alarm systems, MEP, telecommunication systems, security systems, elevators, moving walkways, baggage handling systems, central plant renovations that included 4 new chillers with variable speed drives, piping, pumps, electrical and SCADA upgrades, including installation of temporary chillers before existing could be demolished to make room for the new chillers. John was responsible for coordinating with the owner, program manager, contractors, the Houston Airport System's managers and operators, various airlines and tenants, various inspectors, code enforcement, permitting, various design consultants, testing labs, contractors, etc. He provided on-site design support to clarify design issues, identify and resolve contractor deficiencies, facilitate solutions to unforeseen and differing conditions, including contractor deviations and deficiencies, and assist with various Client and Airline requested modifications to minimize cost and schedule impacts. John's responsibilities required multi -discipline coordination from civil, architectural, structural, environmental, electrical, mechanical, security, communications, elevators, and baggage handling in order to coordinate with design consultants, clients, airlines, end users, inspectors, testing labs, contractors, subcontractors, and code enforcement. Mail Sort Facility and Police Dog Kennels at Bush Intercontinental Airport—Continental Airlines and City of Houston, Texas (1998-1999): John was a project manager in the program management division of Hensel Phelps Construction Co. providing program management services for the former Continental Airlines. He was responsible for managing the design team and the contractor and testing lab, which included conducting various meetings, pay estimates, RFIs, submittals, change orders, and managing the project schedule and costs. John successfully helped with a major design change that required shifting the entire facility and worked closely with design team, Continental Airlines, the Houston Airport System and City permitting department to expedite a solution that minimized the cost and schedule impacts. Projects — Lockwood, Andrews & Newnam Nueces County Hazard Mitigation Action Plan (HMAP) – Multiple Jurisdictions, Nueces County, City of Corpus Christi, et al., TX (2017 -current): Team member assisting with the research, data acquisition, analysis and writing of the HMAP, and successfully completed the Local Mitigation Planning Workshop conducted by the Texas Division of Emergency Management. Ayers Street Pedestrian Improvements and Turn Lane Addition, from SPID to Gollihar, Bond 2014 – City of Corpus Christi, TX (2016 – current): Prepare the technical specifications and utility matrix, and perform constructability review. Project consisted of widening approximately 3,000 linear feet of Ayers Street from approximately SPID to Gollihar Road to accommodate the addition of a continuous center dual turn -lane, and provide pedestrian and drainage improvements. Alameda Street – Lipan to Kinney, Bond 2014 – City of Corpus Christi, TX (2016 -current): Provide construction phase services. The project consists of full -depth asphalt roadway reconstruction with curb and gutters, driveways, sidewalks, ADA curb ramps, pavement markings, signage, storm water drainage, and utility improvements. Bulk Terminal Storm Water System Quality Improvements, Project 15-046A – Port of Corpus Christi, TX (2016 -current): Prepare the technical specifications and perform constructability review. The project consists of restoring the capacity of the public storm water detention ponds, storm water infrastructure modifications to the existing storm water filtration system at the bulk terminal, including removing and replacing concrete channels, adding weirs, headwalls, retaining walls, slabs, weirs, ramps, storm pipes, and inlets, utility relocations, and pavement, curbs, site grading improvements. Northeast Transmission Line Program (over 90 miles and over $500M of large diameter waterlines up to 108 -inch diameter) – City of Houston, TX (2015 -current): Responsible for preparing a cost model for the program, TxDOT tunnel permit assistance, specification assistance, assistance with unique details, presenter on constructability issues at workshop hosted by the City, and performed constructability reviews on the following initial projects in the ongoing program. • WBS No. 5-000900-0126-3 (Contract 99B-2), $29.0M - 108 -inch Water Line Along City Easements from Smith Rd. to Lee Rd. — This project primarily consists of construction of 108 -inch large diameter water transmission line, public utility adjustments, access road with a detention pond and construction of one (1) 42 -inch and one (1) 54 -inch Interconnection from the proposed 108 -inch water line to existing 42 -inch and 66 -inch water lines, respectively. The proposed 108 -inch water line will be tunneled under a TxDOT bridge, Union Pacific Railroad tracks, Harris County Flood Control District Channel and existing roadways. • WBS No. 5-000900-0156-3 (Contract 99C-1), $20.5M - 108 -inch Water Line Lee Rd. to Vickery Dr. – This Project primarily consists of constructing a 108 -inch and 54 -inch water transmission line, a 12 -inch waterline, a 16 -inch waterline, roadway reconstruction including drainage replacement along with sidewalk construction and replacement on Updated: 3/24/17 John Montalvo Page 2 of 6 portions of Crosswinds Blvd. and Aeropark Dr. Construction of the proposed 108 -inch water line includes connections to the other NETL "work around solution" projects: a proposed 108 -inch water line and a proposed 54 -inch water line (by others), and also includes various public utility adjustments. • WBS No. S-000900-0140-3 (Contract 99B-1) $31.3M - 108 -inch Water Line Along City Easements from East of Bellow Falls Ln to Smith Rd — This Project primarily consists of construction of 108 -inch large diameter water transmission line, public utility adjustments and one (1) 60 -inch interconnection from the proposed 108 -inch water line to the existing 84 -inch water line. Main Canal Siphon at IH -10 Slope Failure Repair — Coastal Water Authority, Baytown, TX (2016): Construction Manager responsible for construction management and inspection services on a critical slope failure repair to the raw water canal on the slope immediately above three 108 -inch PCCP siphons crossing under Interstate Highway 10. Surface Water System Improvements Program — City of Conroe, TX — Water Plants Project (2014-2016): Construction Manager responsible for construction management and inspection services for modifications to 6 existing ground water pump plants to accept surface water from the SJRA's new surface water treatment plant, including 3 new natural gas emergency generators, construction of a new pump building with new pumps and chlorine system and new and refurbished pumps at 5 existing pump facilities, including new post chlorination systems, including associated electrical, SCADA and security modifications. Work is scheduled and sequenced in phases to avoid service disruptions. Surface Water System Improvements Conroe, TX — Water Distribution System Construction Manager responsible management and inspection services Program — City of Project (2015- 2016): for construction on 4 new pressure reducing valve facilities, 4 new emergency service valve facilities, with new precast buildings for each facility, and 3 new small diameter waterlines, including chlorine analyzers, associated electrical, SCADA and security. Improvements are necessary to receive surface water from the SJRA's new surface water treatment plant. John developed and prepared an initial draft of proposed procedures and test report forms for disinfection and hydrostatic testing of waterlines which is still under review by the City. Groundwater Reduction Program — San Jacinto River Authority, Montgomery County TX (subconsultant to KBR) — 60 -inch & 54 -inch Waterlines, Project T1, Project T2 & Project T3, and South Receiving Facility Project (2013-2015): Provided design phase constructability reviews, permitting assistance, cost estimating, and committee member for the competitive sealed proposal selections. John provided construction management and inspection services for 3 concurrent large diameter waterline projects totaling approximately 12 miles of 54 -inch and 60 -inch waterlines, including 25 tunnels crossing dam spillways, TxDOT highways, railroads, creeks, gas pipelines, golf cart tunnel, and numerous roads, including impressed current cathodic suppression systems and fiber optic conduits and pull boxes. John also provided CM&I services on the south facility project concurrent with the waterline projects, which included various improvements at seven water plants consisting of new small diameter waterlines, new buildings, ground storage tank modifications, chlorine systems, control systems, electrical modifications, new emergency generator systems, and new water line pressure and flow control stations. John developed and prepared the initial draft of proposed procedures and test report forms for disinfection and hydrostatic testing of all of the waterlines in the program that was ultimately edited and implemented. Surface Water Transmission Program (SWTP) — City of Houston, TX (2000 - 2015): Since 1985, LAN has provided planning, design, Program Management and construction management and inspection services to convert from groundwater to surface water to reduce the effects of subsidence. The City's $400 million SWTP Program which has provided more than 250 miles of transmission and distribution mains up to 96 -inches in diameter. As part of this program, LAN has managed, designed, coordinated more than 100 engineering design projects, including water system analysis and design, water treatment facility and pump station design, ground storage and well system design, open cut, tunneling, aerial pipe crossings, railroad crossings, waterline rehabilitation using trenchless technology, and the construction management and inspection for each project. The City of Houston estimates LAN's involvement has saved $40 million to date. John has worked on many of these projects (including concurrent while managing other projects), providing services ranging from route analysis, site investigations, condition assessments, constructability reviews, cost estimates, cost models, specification preparation, permitting, construction phase services, butterfly valve witness testing, with the majority being construction management and inspection services. Some of these projects also included improvements and additions to numerous water plant pump stations, pressure reducing valve stations, air relieve valve rehabilitation, and other facilities. All of these projects typically included public and private utility relocates, drainage modifications, concrete and asphalt pavement removal and replacement, tunnels, aerial crossings, impressed current cathodic protection Updated: 3/24/17 John Montalvo Page 3 of 6 systems, disinfection and hydrostatic testing, interconnections, etc. See partial list of projects and services listed below. Staff Augmentation Project Management Services, Construction Branch, Public Works City of Houston, TX (2004- 2006): John was a project manager responsible for LAN's staff physically located in the Public Works building augmenting the City's construction project managers. John was responsible for managing multiple projects in various stages of construction as an acting City Project Manager. As an acting City Project Manager John was responsible for directly managing projects as well as managing projects managed by other consultant construction managers. John also assisted the City with various other tasks and services such as perform constructability reviews on numerous projects, participate on committees to improve existing and add new modules in the City's web based construction management system called CIPMS, perform independent peer review of claims and disputed issues for other City PMs, worked with the City's Construction Branch senior assistant director, supervising engineer, and the City attorney in preparing and executing the first ever debarment of two contractors and their key principals by the Public Works Department. John's responsibilities also included coordinating with various City departments, North Harris County Regional Water Authority, permitting department, City surveyors, City utility maintenance, City plant operators, the City's geo- environmental group, various design and construction management consultants, laboratories, TxDOT, Harris County, private utilities, Harris County Flood Control District, various management districts, Sureties, City Legal, City Real Estate, Council Members, the public and various other stakeholders. The following is a brief list of some of the SWTP projects John worked on and his role (see footnote for John's roles). (1) City PM —Staff Augmentation (2) LAN Design Phase Services (3) LAN CPS Services (4) LAN CM Services * Independent peer review of major $1M+ claim only • Water Main Replacement Near Northside (1*) (GFS# S -0035 -NN -3) $2.6M (2002-2003) • 36"WL along Beamer from Dixie Farm Rd to Bay Area Blvd (1) (GFS# 5-0900-78-3) $6.1M (2002-2004) • 30" WL along Briar Forest... and Jersey Village Pump Sta. (1) (GFS# 5-0900-52-3) $6.5M (2003-2004) • 60" WL along Dolly Wright, Dubois and Victory (1) (GFS# 5-0900-59-3) $3.4M (2001-2002) • 54" WL along Tidwell, from Hollister to Old Hempstead (1) (GFS# 5-0900-62-3) $3.9M (2001-2003) • 54" WL along Ella Blvd, from W. 24th to West 43 Street (1) (GFS# S-0900-68-3) $4.3M (2002-2003) • WL Grid Extension Pkg 1— various locations (1) (GFS# S-0700-56-3) $1.0M (2003-2004) • Watermain replacement in Bennington (1) (GFS# S -0035-A3-3) $1.6M (2005-2005) • 36" WL along Hillcroft, Holly, Dunlap & N. Braeswood (1, 4) (GFS# S-0900-89-3) $5.3M (2004-2005) • Rehabilitation of Air Relief Valve Package #1 (1, 4) (GFS# S-0701-02-3) $3.9M (2004-2005) • (71A - Greenspoint) 66" WL along World Houston... (1, 4) (S-0900-99-3) $13.4M (2005-2005) • (71B - Greenspoint) 66" WL along Aldine -Westfield... (1, 4) (S -0900-A1-3) $11.7M (2005-2005) • (71C - Greenspoint) 66" WL along Old Greens...(1, 4) (GFS# S -0900-A2-3) $7.7M (2005-2006) • (71D - Greenspoint) 66" WL along Green Rd...(1, 4) (GFS# S -0900-A3-3) $8.9M (2005-2006) • (Greenspoint) 12",16" & 20" WL Service Upgrades and Grid Extensions in the Greenspoint area (1, 4) • (GFS# S -0900-A4-3) $1.3M (2005-2006) • Slipline of existing 42" WL with 36" HDPE from Holmes Rd., to Sims Bayou Pump Station (1, 4) (GFS# S -0900-A8-3) $8.2M (2005-2005) • Katy Addicks Pump Station and Spring Branch Pump Station Improvements (1, 2, 3, 4) (GFS# S-0900-83-3) $1.8M (2004-2005) • 48" WL and 20 & 24" well collection lines along N. Dairy Ashford, Old Katy Rd, Well Site No. 2 (1, 2, 3, 4) (GFS# S-0900-84-3) $4.9M (2004-2005) • 36" WL along Westview & Wisterwood...(1, 4) (GFS# S-0900-85-3) $4.4M (2004-2005) • 42" WL along Scenic Ridge Dr, Oak Spring Dr., Timberline Rd., Brittmore Rd... from Katy Addicks Pump Sta. (1, 4) (GFS# S-0900-86-3) $4.0M (2004-2005) • 48" WL & 30" Well Collection Line along Wickchester, Moorwick, Wickhollow....(1, 4) (GFS# S-0900-87-3) $4.2M (2004-2005) • 24" WL along State HWY 6 from Bakers Point Lane to Grisby St. and Conrad Sauer Pig Launching/Receiving Facility (1) (GFS# S-0900-96-3) $1.1M (2005-2005) • 36" WL along N. Eldridge, from IH10 to Sandbridge (1, 4) (GFS# S-0900-97-3) $4.3 (2004-2005) • PRV Station Improvements Package 2 (1) (GFS# S-0900-79-3) $1.8M (2003-2004) • PRV Station Improvements Package 3 (1) (GFS# S -0900-A7-3) $1.5M (2006-2007) • On -Call Water Main & Sanitary Sewer Pkg 1 (1) (GFS# S -0801-P4-3) $1.5M (2004-2006) • On -Call Package #4 Large Dia. Waterlines (1, 2, 3, 4) (GFS# S-0701-01-3) $2.6M (2004-2006) • 24" WL along Post Oak Blvd from Westheimer to IH610 (1, 4) (GFS# S-0521-19-3) $3.5M (2005-2005) • On -Call Package #3 Large Dia. Waterlines (2, 3, 4) (GFS# S-0701-01-3) $2.7M (2004-2006) • 12" WL along Post Oak, from Richmond to Westheimer (1, 4) (GFS# S-0521-15-3) $1.4M (2005-2006) • 48" WL along Almeda from N. MacGregor to Holcombe Blvd, and along Holcombe Blvd. from Almeda to Cambridge (1, 4) Updated: 3/24/17 John Montalvo Page 4 of 6 • 54" WL along Dolly Wright from W. Montgomery to Acres Home Pump Station, and Pump Sta. Improvements (1) (GFS# S -0900-A9-3) $4.6M (2006-2006) • 42" WL along Tidewater, South Post Oak, W. Orem, Croquet from Candleshade to Sims Bayou Pump Station (3, 4) (GFS# 5-0900-B7-4) $8.5M (2010-2011) Greenspoint Water Line Program, Construction Management and Inspection Services – City of Houston, Houston, TX: John was initially the consultant Project Manager for construction management and inspection team and subsequently the acting City PM of 45,000 LF of 66 -inch transmission mains and 5,000 LF of 8- and 12 -inch distribution lines on a fast-track schedule to meet an EPA mandate. Due to the EPA's deadline, it was necessary to take a proactive approach to design and construction of this project. This program required extensive coordination with numerous high profile stakeholders, significant traffic management efforts, several critical tunnels, significant utility relocations, and pavement removal and replacement. The project was completed on time, in 18 months, and under budget by $2.3 million. Almeda Sims Sludge Processing Facility, City of Houston, Houston, TX – $38M including dryer equipment (2006 – 2009): John was the construction manager for the new sludge processing facility that consisted of new metal building to house the 2 new dryer units, 2 new belt filter presses, 1 remanufactured belt filter press, 3 refurbished belt filter presses, polymer feed system, sludge feed system, sludge day tanks with aeration system, cake conveyance system, water booster pump system, HVAC, plumbing, electrical, fire suppression and alarm system, SCADA, control room, offices, elevators, and a new truck load out building and 2 concrete silos, truck scales, stair tower, and a new TWAS pump station and new NPW pump station. The project encountered numerous significant unforeseen and differing conditions, acts of god, contractor deficiencies, and design modifications, including significant unforeseen contaminated soils, delays due to hurricane. John successfully utilized and issued numerous work change directives that helped to minimize the cost and schedule impacts associated with these various challenges. HVAC Improvements at Electrical Buildings at the Water Treatment Plant and Industrial Pump Station – Gulf Coast Water Authority, Texas City, TX – $295k (2012 – 2012): John took the lead at the 90% design stage to assist the EOR in splitting out the contract documents into alternate bid, prepare the front end documents, and assist with advertising, bidding and award. John also provided construction phase services and was the construction manager. The project required the replacement of the existing HVAC equipment in the electrical buildings at the water treatment plant and the industrial pump station which provides raw water to numerous petrochemical refineries. The work was successfully scheduled, sequenced and managed to avoid service disruptions to the public and refineries. New Flow Meters, Vaults, Radio Antennas and Solar Panel Systems for Various Raw Waterlines – Gulf Coast Water Authority, Texas City, TX – $916k (2013 – 2013): John took the lead at the 90% design stage to assist the EOR in completing the design for multiple proposed flow meters, vaults and radio/solar power systems on existing raw water lines servicing multiple petro chemical refineries. The vaults were located inside and outside of the refineries. John coordinated closely with the refineries to perform extensive SUE investigation to locate the various buried gas pipelines, utilities and raw waterlines to determine where the proposed flow meter vaults could be safely located, as well as coordinate with the local electrical company to determine where the proposed precast concrete utility poles for the radio antennas and solar panels could be located so they wouldn't conflict with the numerous overhead power lines. Kimberly Drainage Project - TIRZ 17, Houston, TX: John was the construction manager on this project located in the highly urbanized Memorial City Mall area, which consisted of slip lining a 54" sanitary sewer, installation of a temporary by-pass system, installation of dual reinforced concrete box culverts, new waterlines, new signalized street lights, new concrete pavement, concrete pavers, sidewalks, handicap ramps, driveways, decorative street lights, and landscaping. Projects — Hensel Phelps Construction Co. International and Special Projects; San Jose, California (1997- 1998): John was part of the corporate team selected to begin a new division to pursue international and special projects. His responsibilities varied from estimating (hard bid and conceptual) to developing new systems, forms, and procedures to overseas site visits to meet with potential clients, local officials, business leaders, contractors, and architects. Engineering School, MP Training Facility, Chemical Defense Training Facility, Museum, Barracks, Dining Halls, Soccer Fields, and Officer Housing—US Army Corps of Engineers, Fort Leonard Wood, Missouri (1996-1997): As Senior Project Engineer, John provided guidance to four project engineers and was responsible for setting up the contractor's management systems for all the projects. John was directly responsible for the engineering school, officer housing and soccer fields which included management of contractor's staff, laborers, equipment and materials, as well as managing the subcontractors and suppliers. Barracks, Dining Halls, Central Plant, Roads, and Utilities—US Army Corps of Engineers, Fort Huachuca, Arizona (1992- 1993): John was a field engineer responsible for performing the engineering, drawings, surveying, and construction layout and verification for the civil portion of the project. His responsibilities required reviewing the contract drawings and Updated: 3/24/17 John Montalvo Page 5 of 6 specifications, as well as the product data, shop drawings, and field conditions in order to develop construction layout drawings which included all components necessary to comply with the contract documents. John also managed the geotechnical testing lab, all heavy and light construction equipment, material suppliers, and a 10 -man crew of operators and laborers for all civil work. Semiconductor Facility Program—Samsung Corporation, Austin, TX (1995-1996): John had dual responsibilities as a member of the construction management team, and as a member of the contractor team constructing the main semiconductor building. John was the senior project engineer responsible for setting up the management information systems for the design -build fast-track $330M program for the construction management team and coordinated with the client, design team, and contractors. Contractor team responsibilities included management of staff, laborers, equipment, and materials, as well as managing the subcontractors and suppliers. John also conducted progress meetings, pay estimates, RFIs, submittals, change orders, and managed project schedule and costs. Wastewater Treatment Plant—US Army Corps of Engineers, Holloman, New Mexico (1996): John was brought in to perform a complete audit of the contractor's and independent testing lab's daily reports, inspection records, and test reports to determine if all contractually required testing was performed. The audit was due to a government investigations as a result of allegations made by a disgruntled former employee. John's detailed extensive audit determined that some tests were inadvertently not performed, but there was no willful intention to save money or cut corners by not performing the tests. The contractor proposed corrective fixes for the tests that were not performed. The government investigation agreed with John's findings and with the contractor's proposed fixes. South Oak Cliff Line Segment 1 and West Oak Cliff Line Segment 1—Dallas Area Rapid Transit (DART), Dallas, TX (1994-1995): John was the project engineer on a new light rail system, including train stations. His responsibilities included management of contractor's staff, laborers, equipment and materials, and subcontractors and suppliers. John also worked closely with the bonding company for the specialty light rail subcontractor to complete the projects. Light Rail -Service and Inspection Facility—DART, Dallas, Texas (1993-1994): John was the chief field engineer on a large complex service and inspection facility. He was responsible for managing the field engineering staff to perform the engineering, drawings, surveying, and construction layout and verification. John's responsibilities required reviewing the contract drawings and specifications, as well as the product data, shop drawings, and field conditions to correlate the various design disciplines in order to develop a consolidated set of construction layout drawings which included all components necessary to complete the work such as the numerous complicated pits for the various equipment that would service the trains, erect the various structural steel buildings, layout the complex rail tracks in the rail yard, the various utilities, driveways, parking lots, etc. Research Asst. & Internship — Grad. School University of Texas, College of Civil Engineering and Construction Industry Institute (CII), Austin, TX (1990-1991): While a graduate student in the Construction Engineering & Project Management program in the College of Civil Engineering, John was a graduate research assistant to the director of the program (Dr. Richard Tucker, P.E.) who was also the director of the Cll. One notable project John assisted with while working at CII was researching and drafting the introduction and several chapters for the CII director, and reviewing/editing the remaining chapters prepared by professors from other universities, and compiling, formatting and preparing the TOC, chapters, exhibits, appendices and index for a publication funded by the National Science Foundation on the Japanese construction industry. This work and research led to a graduate student internship opportunity with one of the largest Japanese full-service engineering, land development, and construction companies, the Taisei Corporation, in their Research & Development Division located in their corporate headquarters in Tokyo, Japan. John worked directly with their engineering researchers and scientists on the various construction methods and materials they were researching and developing. This research also included numerous site visits to various active construction project sites around Japan, ranging from several mid -rise office and residential buildings, to a highway tunnel project crossing under a bay constructed of precast concrete box segments, to several mega airport projects including the expansion/renovation of the Haneda Airport, and construction of the manmade island and connector bridge in Osaka Bay for the totally new Kansai International Airport. This research also included touring the research and development facilities of not only Taisei, but also the facilities of one of their major competitors, the Kajima Corporation, where new methods and materials were tested and developed. Projects — Carpenter's Helper Residential and Small Commercial Projects, Various Clients, Corpus Christi, TX (1975-1988): John worked on various residential and small commercial projects as a carpenter's helper and estimator on weekends and summer breaks starting in seventh grade and through college. Projects were primarily small private residential additions and remodels, with a few small office renovations, dentist office renovation, renovation of several low income government housing units, and volunteer work to build various shelters and structures for a Boy Scout camp. Updated: 3/24/17 John Montalvo Page 6 of 6 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 16, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile James A Morgan Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 1 What district do you live in? Primary Phone Alternate Phone Corpus Christi Housing Authority Employer 3701 Ayers Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78415 Work Address - Zip Code SVP Human Resources, IT & Risk Mgmt Job Title James A Morgan Page 1 of 4 (361) 889-3352 Work Phone james.morgan@hacc.org Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BS Accounting, CPA, SPHR Registered Voter? r• Yes r No Current resident of the city? 'Yes` No 3 years, 5 months If yes, how many years? Resume HR.doc Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic James A Morgan Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree James A Morgan Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. James A Morgan Page 4 of 4 James A. Morgan, SPHR, CPA Objective: To obtain a position within a responsible and growing organization, where I can contribute to improving organizational performance utilizing my accumulated human resources, financial and business management expertise. Profile: Human Resources: Employee Relations, HR Development and Training, HR Strategic Management, Comp and Benefits, Change Management, Workforce Planning and Employment, Recruiting/Staffing, Payroll, Risk Management. Software: ADP Payroll/HR Perspective HRIS, ABD HRIS, Dataforce HRIS, OrgPlus, EthicsPoint, Essential Learning. Profile: Financial & Organization Management: IT, Insurance, Controllership, Financial Systems, Mergers and Acquisitions, Budgeting, Treasury, Auditing, Cost Analysis, Project Management, General Ledger, Monthly Closings, Operations Analysis, Organizational Development, Operations and Improvement. Software: Oracle, QuickBooks, Peachtree, MS Office. Professional Experience: Corpus Christi Housing Authority Sr. Vice President for Human Resources, IT and Insurance: (October 2012 -Present) — Directs the Human Resources, IT and Insurance functions for the housing authority (HA) operating in thirteen separate locations, serving 9,000 residents. - Member of the executive leadership team, setting strategic direction for HA's programs and structure - Responsible for all employee relation's activities including grievance procedures and corporate governance - Rewrote the HA's Personnel Policies and Procedures manual - Standardized new -hire procedures and documentation - Responsible for benefit selections, administration and employee communications - Improved recruitment and retention with changes to pay classifications, employee leave policies and pension plan - Initiated an awards program to recognize achievements and service at quarterly all -hands meetings - Developed and standardized HR metrics reporting for HA management and board of commissioners - Created new HR department. Implemented ADP Workforce Now HR and Benefits HRIS module and achieved major improvements in service delivery and internal/external perception of the department - Developed and managed departments budgets - Sourced and improved commercial liability, workers compensation and windstorm insurance programs - Upgraded critical enterprise network and wireless capabilities. Standardized PC software and operating system Morgan Consulting Group Business Consultant: (February 2010 -September 2012) — Consulting engagements primarily in the areas of Human Resources, Accounting and Operations for established businesses and start-ups. Specific areas included HR policies and Procedures, recruitment and credentialing procedures, employee contracts, pay scale evaluations, payroll processing procedures, benefits evaluations, accounting system implementation, policies and procedures for billing and collections, client service agreements, creating website content, marketing plans and proprietary web based scheduling systems,. - Established administrative HR practices and procedures - Recruited staff and implemented credentialing standards for physicians - Developed client service agreements and physician employment contracts - Implemented accounting systems (QuickBooks Premier, ADP Payroll) creating procedures and practices for time/expense billing, payables, payroll, etc. - Designed pricing structures for client services - Directed development of proprietary online scheduling system for clients and physician associates - Wrote all content for client website and marketing materials - Designed and implemented marketing plans LFS Carolinas VP for Human Resources: (March 2008 to January 2010) — Directed the human resources department in all HR functional areas for this 500 -employee not-for-profit human services agency. LFS served the regions' most vulnerable populations from four program hubs located in both North and South Carolina. - Member of the executive leadership team, setting strategic direction for agency programs and structure - Responsible for all employee relation's activities including grievance procedures and corporate governance - Responsible for benefit selection, communication and administration including restructure of agency pension plan - Active contributor in agency change management activities including agency restructuring, program management and delivery models. - Amended agency compensation practices including agency structure, incentive and awards programs - Improved compliance with employment related laws (Title VII, FSLA, ADA, FMLA, EEO, etc.) - Implemented e -learning system (Essential Learning) and corporate governance system (EthicsPoint) for all agency employees. Reduced cost and improved agency contract compliance reporting ability - Developed and standardized HR metrics reporting for agency management and board of directors - Created new HR department with accredited professionals Set high standards for department competence (ADP Payroll and ADP HR Perspective, Org Plus) and achieved major improvements in service delivery and internal/external perception of the department. Relocated the HR department from Raleigh to Charlotte, NC. - Develop and manage HR budget. Assisted program managers with understanding the budget process Morgan Resources, Inc. President/CEO: (1993 to 2007) - Developed and directed all aspects of this regional healthcare and administrative staffing company; human resources, financial, IT, training, and client service. The company recruited, and placed approximately 500 applicants per year. Human Resources: - Performed all staffing and recruitment activities for exempt and non-exempt professionals - Candidate sourcing, interviewing, assessment and placement (full cycle recruiting) - Salary and pay scale analysis. Benefits selection and administration - Client consultation/recommendation; advising clients on sensitive/difficult hiring and employment issues and problems - HRIS system selection and implementation for applicant tracking, hiring management and employee self-service - Developed training program for staffing consultants - Responsible for all employee relations activities, both internal and contract staff - Public Speaking engagements to management groups and associations on areas of human resources, specifically hiring practices and employment law Financial: - Budgeting and financial reporting - Banking relations. - Accounting systems and procedures - A/R, A/P, G/L, payroll, cash flow - Government reporting, Contracts, Compliance Business Operations: - Established strategic direction for company via detailed business plan and ongoing environmental scan - Overall business operations management and IT systems selection providing organizational capacity to support growth (Accounting, Client Service, HRIS) - Obtained major commercial contracts and government contracts with GSA and VA - Developed/implemented sales and marketing plans. Directed day-to-day sales/marketing effort of staff - Created company best practices, policies and procedures (administrative, accounting, personnel), brochures, forms, print ads ICI 1 Zeneca (Currently: BASF/ AVECIA / AstraZeneca) Pan Americas Controller, Zeneca Colours, (1991-1993) — Internal promotion. - Financial, Human Resources, IT and Administrative executive with international responsibility for the Americas (1,200 employees in USA, Canada, Mexico, and South America). A $900 million international business unit specializing in textile dyes and specialty chemicals - Change Management / Restructuring. Provided direction in achieving international business objectives including development and implementation of strategic business plans requiring realignment of manufacturing assets in Mexico and Brazil, and closure of facilities in the USA - Lead change agent in labor relations regarding facilities closures in the USA and downsizing in Mexico and Brazil. - Developed all budgets and forecasts for the Americas region - Provided timely and accurate consolidation and reporting of regional operating results and staffing metrics - Direct reports included country controllers, plant controllers, HR, and IT and managers in the USA, Mexico and Brazil Controller, Stauffer Management Company (SMC) (1989-1991) — Internal promotion. - Coordinated divestment of discontinued operations - Managed accounting staff for monthly closing and management reporting - Motivated and influenced colleagues having no direct reporting relationship to me - Preparation of all budgets/forecasts. Preparation and analysis of financial reports; Balance Sheet, P&L and Cash Flow Senior Financial Analyst (1987-1989) — Internal promotion. - Merger & Acquisition analysis and due diligence for ICI Group merger and acquisition activities in the United States - Monthly business commentary and cost variance analysis in support of Specialty Chemicals Division - Delivered formal presentations, executive business analysis and commentary for Specialty Chemical Division Education: BS, Accounting, The Pennsylvania State University, State College, PA. Certifications: Senior Professional in Human Resources, (SPHR) Certified Public Accountant (CPA). Certificate number CA -21000-L Military Service: US Navy. Honorable Discharge. Cryptographic Communications. TS SI Security clearance Professional Affiliations: Society for Human Resource Management (SHRM) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 23, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Merced V. Pena Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Retired Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Merced V. Pena Page 1 of 4 Work Phone Mercedormybizness@gmail Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) High school, associate degree,counselor, administrator Registered Voter? r• Yes r No Current resident of the city? 'Yes` No 70 years If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Hispanic Merced V. Pena Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Merced V. Pena Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Merced V. Pena Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 29, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Heriberto A Pineda Prefix First Name Middle Initial Last Name Email Address Jr Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone US Gov Quality Assurance Specialist Employer Job Title 401 Battaan Work Address - Street Address and Suite Number Corpus Christi NAS CC Work Address - City TX Work Address - State 78419 Work Address - Zip Code Heriberto A Pineda Jr Page 1 of 5 361-961-5259 Work Phone heriberto.pineda@navy.mil Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Current member of the Board of Adjustment. Term is expiring. Education, Professional and/or Community Activity (Present) Defense Acquisition University Corpus Christi, TX United States. Major: Quality Assurance Relevant Coursework, Licenses and Certifications: Completed Fundamentals of Systems Acquisition management (ACQ 101) Risk Management (CLC 017) Basic Math (CLC 024) Introduction to Lean Enterprise Concepts (CLC 004) Modeling and Simulation for Systems Engineering (CLC 011) Technical Reviews (CLE 003) Introduction to lean Enterprise Concepts (CLE 004) Modeling and Simulation for Systems Engineering (CLE 011) Continuous Process Improvement Professionals (CLE 025) Contracting for the Rest of Us (CLC 011) Predictive Analysis and Quality Assurance (CLC 042) Certified ISO9001-2008 Lead Auditor, Serial No. 112282 Completed Government Ground Flight Representative GGFR Course Completed Fundamentals of Systems Acquisition management ACQ 101 Completed Intermediate Systems Acquisition ACQ 201A/B Intermediate Production, Quality and manufacturing PQM 201 A/B Risk Management CLC 017 Basic Math CLC 024 Introduction to Lean Enterprise Concepts CLC 004 Modeling and Simulation for Systems Engineering CLC 011 Technical Reviews CLE 003 Introduction to lean Enterprise Concepts CLE 004 Modeling and Simulation for Systems Engineering CLE 011 Continuous Process Improvement Professionals CLE 025 Contracting for the Rest of Us CLC 011 Predictive Analysis and Quality Assurance CLC 042 July 2006- Completed Principles of Management course, May 1985 - Shipboard Aircraft Fire Fighting, July 1985- Avionics Corrosion Control, July 1985- F/A-18 Armament Systems, May 1989- Shipboard Aircraft Fire Fighting, March 1990- TA -4J Aircraft Armament Systems, December 1991- Strike Armament Systems Intermediate Maintenance, October 1993- A/A47U-3 and A/A47U-4 Reeling Machine Launchers, July 1995- Introduction to Word processing, May 2003- Naval Explosives Safety Supervisors/Managers, May 2004- Navy Manpower And Personnel, December 2004 - Consequence Management Planning Registered Voter? r• Yes r No Heriberto A Pineda Jr Page 2 of 5 Current resident of the city? Yes r No 13 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Hispanic Male Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Heriberto A Pineda Jr Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. r! I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Heriberto A Pineda Jr Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Heriberto A Pineda Jr Page 5 of 5 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 06, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Jon Reily Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Vice President, Strategy, Omni- SapientRazorfish Channel Commerce Employer Job Title 300 6th Avenue, STE 1600 Work Address - Street Address and Suite Number Austin Work Address - City TX Work Address - State 78701 Work Address - Zip Code Jon Reily Page 1 of 5 (512) 532-2000 Work Phone jon.reily@razorfish.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not serve at this time. I am however very interested in Aviation as well as Airport Management and fly over 100,000 miles per year. Education, Professional and/or Community Activity (Present) Professional Activity: Frequent national speaker about eCommerce and Digital technology Education: Bachelor of Science, Computer Information Sciences, University of Washington Computer Science Certification, Harvard University Extension Social Psychology Certification, Harvard University Extension Interaction Design Certification, Cooper U Design School Competent Leader Certification, Toastmasters International Competent Communicator Certification, Toastmasters International Certified Business Analysis Professional, International Institute of Business Analysis Registered Voter? Yes No Current resident of the city? Yes r No 2 If yes, how many years? Jon Reily resume 0217 1 .doc Upload a Resume Please upload any additional supporting documents Jon Reily Page 2 of 5 Demographics Caucasian/Non-Hispanic Ethnicity Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Jon Reily Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Jon Reily Page 4 of 5 Jon Reily Page 5 of 5 JON REILY +1-206-659-1069 • jon@jonreily.com • linkedin.com/in/jonreily • CONFIDENTIAL GLOBAL DIGITAL EXECUTIVE Omni -Channel Commerce • Digital Marketing • Organizational Development • User Experience Strong digital executive who understands how to accomplish broad goals using collaboration, interpersonal skills and a wide experience skill -set. Extensive experience in leading leaders, building relationships, working with executives at all levels, and using strategic planning, execution and creative problem solving to get things done. Drives complex initiatives and strategies using proven project management, communication and organizational skills. Enjoys working under pressure and is a master at working in ambiguous environments to achieve company goals. CAREER SNAPSHOT • Americas, Europe, APAC, AMEA, China, Japan, India, Brazil Omni -Channel Commerce, Digital Marketing, User Experience, Customer Acquisition, Vendor Management • Leader of SapientRazorfish's Global Omni -channel Commerce group and Practice Leader of Publicis.Sapient's Connected Retail Experience and Artificial Intelligence verticals • Former leader of Amazon Kindle's global brand and product design consisting of 20+ cross -functional teams totaling 100+ contributors (e.g. marketing, product management, development, user research, customer service, finance), cultivating and managing relationships with dozens of partners in on multiple continents • Builds teams across diverse skill sets that think outside the box to innovate the future • Managed up to 10 direct reports, organizations over 200, and P&L up to $100MM • Published thought leader and speaker on Digital Trends, Transformation and the Future of Retail Recognized for blending IQ (facts, analyses, user -centered design principles) to design and meet deadlines with EQ (intuition, connection, diplomacy) to inspire best performances from team members while delivering exceptional products to customers. PROFESSIONAL EXPERIENCE SAPIENT-RAZORFISH 2015 - Present Part of Publicis Groupe (FR), world's largest digital interactive agency; Revenue: $9.68+ (est FY15) 1 Employees: 20,000 Vice President — Strategy, Omni -Channel Commerce Digital Marketing & Strategy 1 Omni -Channel Commerce 1 Business Development 1 Program Design & Launch Senior leader in SapientRazorfish's Global Commerce Practice. Consults with Fortune 500 companies to develop comprehensive global Omni -channel strategies including infrastructure and plans for brick and mortar as well as online for mature, maturing, and new market entry. Leads and directs eCommerce and UX strategic programs, providing concept, direction, vision and critical evaluation as well as organizational and best practices consulting. Creates alignment within the company through external partners and internal teams while providing thought leadership and strategic thinking by refining the strategy, KPIs, budgets and execution plans of the program. Supports business development initiatives across the enterprise. Defines experience roadmaps and support of shopper paths on client properties to include: retail strategy, customer acquisition and retention, merchandising, personalization, customization, web and retail checkout, site navigation, performance marketing and analytics, as well as defining global digital commerce strategy for distributed and mobile eCommerce as well as in-store. Frequently presents to CEO and other C -Suite level executives of client companies to build partnerships as well as consensus and trust. Jon Reily • 206-659-1069 • jon@jonreily.com • linkedin.com/in/jonreily AMAZON.COM (NASDAQ: AMZN), Seattle, WA (HQ)............................................................... 2014 to 2015 World's largest eCommerce company; Fortune 35; Revenue: $100B+ (est FY15) 1 Employees: 150,000 Head of User Experience and eCommerce Design • Kindle Stores (Bookstore, Newsstand, 1P & 3P apps) Design, Marketing & Mobile Strategy 1 Customer Engagement & Analysis 1 Program Design & Launch Customer experience design, eCommerce strategy, and marketing design for high -visibility Kindle eCommerce line, accountable for world-wide online customer experience for all Amazon sales (1P and 3P). Partner with 50 cross -functional team members (product, development, marketing, customer service, etc.) and global stakeholders to optimize online sales. Manage 8 direct reports, organization of 125+. • Launched online sales presence and brand for 8 new Kindle Fire tablets, 4 Android and iOS tablet/store apps, 7 new Kindle eReaders, and 13 major program launches and overhauls. Includes: - Product page and feature design, and purchasing/device management experience development for Kindle Fire & FireTV programs Amazon's top 10 strategic investments. - Incremental improvements (A/B, multivariate testing, etc.) to lift revenue post launch - Consumer and partner facing management tools for Amazon programs • Developed and enacted 2 -year eCommerce strategy for Amazon device sales, as well as customer engagement/review strategies and guidelines adopted as best practice on every release since and replicated across 3+ peer divisions. • Frequently present and secure buy -in from CEO and 20 -member senior management team for new programs and designs including assisted sales experiences, mobile application design, and new marketing touch -points responsible for 500 basis point increase in overall conversion. AMAZON.COM (NASDAQ: AMZN), Seattle, WA (HQ) 2012 to 2014 World's largest eCommerce company; Fortune 35; Revenue: $100B+ (est FY15) 1 Employees: 150,000 Head of User Experience • Device Sales Design, Marketing & Mobile Strategy 1 Customer Engagement & Analysis 1 Program Design & Launch Customer experience design, eCommerce strategy, and marketing design for high -visibility Kindle line, accountable for worldwide online customer experience for all Amazon manufactured hardware and electronic content sales (1P and 3P). Partner with 50 cross -functional team members (product, development, marketing, customer service, etc.) and global stakeholders to optimize online sales. Manage 6 direct reports, organization of 75+. • Launched online sales presence and brand for 8 new Kindle Fire tablets, 4 Android and iOS tablet/store apps, 7 new Kindle eReaders, and 13 major program launches and overhauls. Includes: - Product page and feature design, and purchasing/device management experience development for Kindle Fire & FireTV programs Amazon's top 10 strategic investments. - Incremental improvements (A/B, multivariate testing, etc.) to lift revenue post launch. - Consumer and partner facing management tools for Amazon programs Jon Reily • 206-659-1069 • jon@jonreily.com • linkedin.com/in/jonreily • Developed and enacted 2 -year eCommerce strategy for Amazon device sales, as well as customer engagement/review strategies and guidelines adopted as best practice on every release since and replicated across 3+ peer divisions. • Frequently present and secure buy -in from CEO and 20 -member senior management team for new programs and designs including assisted sales experiences, mobile application design, and new marketing touch -points responsible for 500 basis point increase in overall conversion. GUITAR CENTER Westlake Village, CA (HQ) 2009 to 2012 World's largest musical instrument retailer 1 Revenue: $3.1B+ (FY15) 1 Employees: 10,000+, 350+ retail locations Head of User Experience & eCommerce Multi -Channel eCommerce & POS Design 1 User Research 1 Operational Efficiency, New Team Building eCommerce user experience design, online and physical customer experience design for 6 multi -channel brands. Management of 12 -member design/development team supporting $750MM online sales across 6 digital properties in US and Canada. Increased operational efficiency in design and development by relocating/reallocating resources into a central service for the entire enterprise. This allowed the company to move to an Agile software development lifecycle and improve deployment frequency four -fold; 16 times per year vs. 4. • Designed a new payment system allowing customers to use multiple forms of payment per transaction responsible for a YOY increase of $75MM in online and offline environments. • Created and executed 2 -year strategy and operational planning for migration of 3 high - traffic eCommerce sites from disparate home-grown solutions to a scalable ATG eCommerce framework. • Increased online business across three brands by $350 million over 2 years using user research. • Proposed, planned, and executed staff reallocation of disparate design teams across three different nationwide offices to one central location and built new team of top -tier designers and developers. • Modernized an outdated design/development process to improve productivity and development speed. GODADDY.COM Scottsdale, AZ (HQ) 2006 to 2009 World's largest domain registrar 1 Revenue: $1.48+ (FY15) 1 Employees: 4,000+ Senior Architect • Product Development Application & UX Design 1 Feature Set Prioritization 1 Product Planning & Team Management Design ownership for GoDaddy's suite of application management software including web hosting, email client, domain management, and public -key infrastructure (PKI). Additionally, set direction for internal and external user testing, launch schedule, and deployments. Gathered post -launch data to reduce customer service support calls and improve operational efficiency. Awarded Employee of the Year, 2008 for patent on mobile hosting management. • Led the design of 3 large-scale enterprise -level programs worth over $10 million in new recurring revenue. All of these designs are still in use 7 years later. Jon Reily • 206-659-1069 • jon@jonreily.com • linkedin.com/in/jonreily • Spearheaded project to define personas and refine the customer segments for the enterprise to allow tailored/personalized presentations to specific segments to increase conversion. EARLY CAREER: Prudential Financial, Information Architect, Scottsdale, AZ, 2005 to 2006 Scholastic, Inc., Technical Field Manager, New York, NY, 2003 to 2005 Optimal Health Systems, Deputy Director - Design, Phoenix, AZ, 2002 to 2003 Attenza.com, Sr. Technical Writer, Phoenix, AZ, 2000 to 2002 Headline Graphics, Systems Manager, San Diego, CA, 1998 to 2000 BookTV.com, Co-Founder/CTO, Seattle, WA, 1996 to 1998 Kitsap Business Journal, Production Manager, Seattle, WA 1994 to 1997 EDUCATION: Bachelor of Science, Computer Information Sciences, University of Washington CERTIFICATIONS: Computer Science Certification, Harvard University Extension Social Psychology Certification, Harvard University Extension Interaction Design Certification, Cooper U Design School Competent Leader Certification, Toastmasters International Competent Communicator Certification, Toastmasters International Certified Business Analysis Professional, International Institute of Business Analysis BOARD MEMBERSHIPS: Location and Privacy Board Member - Global Mobile Marketing Association Volunteer Board of Directors - Marketing and Advertising, Seattle Feline Rescue President, Toastmasters International Club - Scottsdale, AZ Vice President, Rotary International, Port Orchard, WA Jon Reily • 206-659-1069 • jon@jonreily.com • linkedin.com/in/jonreily BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 19, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix Samuel First Name Middle Initial Email Address Saldivar _ Last Name Jr Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone HDR, Inc. Employer 555 N. Carancahua St, Suite 1600 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code Alternate Phone Civil Program Leader Job Title Samuel Saldivar Jr Page 1 of 4 361-696-3325 Work Phone samuel.saldivar@hdrinc.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other City board, commission or committee. Education, Professional and/or Community Activity (Present) Bachelor of Science in Civil Engineering, Licensed Profession Engineer in Texas and Utah, Carroll Soccer Booster Club (2011-2015), President of Carroll Soccer Booster Club (2013-2015), Texas Society of Professional Engineers Nueces Chapter (Secretary, President -Elect 2015-2016) (President 2016 - current) Registered Voter? cYes r'No Current resident of the city? rr Yes r No 41 If yes, how many years? SaldivarSamuel Master Resume 05 25 2016.docx Upload a Resume Please upload any additional supporting documents Demographics Samuel Saldivar Jr Page 2 of 4 Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Samuel Saldivar Jr Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Samuel Saldivar Jr Page 4 of 4 SAMUEL SALDIVAR EDUCATION Bachelor of Science, Civil Engineering (Bachelor of Science in Civil Engineering), Texas A & M Univ Kingsville, 1997 REGISTRATIONS Professional Engineer, Texas, United States, No. 92638 Issued: 12/10/2003, Expires: 09/30/2016 Professional Engineer, Utah, United States, No. 7339397- 2202 Issued: 04/30/2009, Expires: 03/31/2017 PROFESSIONA L MEMBERSHIPS TSPE-Nueces Chapter(2015 current) INDUSTRY TENURE 19 years HDR TENURE OFFICE LOCATION Corpus Christi, TX AWARDS Texas AGC / TxDOT Design Samuel Saldivar Civil Grou • Leader Mr. Saldivar's design experience includes knowledge and design of horizontal and vertical alignments, super elevation, bridge layouts, traffic control, construction pollution mitigation, design cross-sections, earthwork, typical sections, utility layouts, plan and profile sheets, drainage details, hydrology, urban storm sewer design, bridge class culverts, striping layouts, signing layouts, retainin wall la outs, and construction management. RELEVANT EXPERIENCE A&W Highway Contractors, 11400 South at 1-15 Design Build, Salt Lake City, UT Construction/reconstruction of 11400 South from 3600 West to State Street (US - 89); northbound and southbound 1-15 auxiliary lane construction from 11400 South to 10600 South; an overpass over the UPRR/UTA railroad Right of Way at approximately 400 West; and a large overpass bridge structure to accommodate a single point urban interchange (SPUI) at 1-15 and 11400 South. Mr. Saldivar designed a segment of the 11400 South road and provided design support for the 1-15 corridor and SPUI. He had oversight of horizontal and vertical geometry and design cross-sections. He also coordinated the roadway design with multiple discipline teams that included structures, drainage, utility conflicts/relocation, proposed utilities, right of way acquisition, MOT (maintenance of traffic), signing, striping, and signal layouts. Role: Roadway Task Leader A&W Highway Contractors, 11400 Interchange; State Street to Bangerter Highway Reconstruction, Salt Lake City, UT HDR assisted Ames Construction with the development of preliminary engineering (concept and feasibility) design plans for a five -mile section of roadway to be upgraded from a two-lane facility to a five -lane roadway, and a two-mile section of freeway, including the construction of a new single -point urban interchange (SPUI). A&W Highway Contractors, 1-15 New Interchange at 11400 South Design - Build, Salt Lake City, UT Mr. Salvidar led a team to design the improvement of 11400 South from a rural section to an urban boulevard section for three miles. In addition, he assisted in developing geometry for the single -point urban interchange (SPU1). Responsibilities included overseeing geometry, utility relocation, right-of-way acquisition, retaining wall, drainage, signing, striping, MOT, and cross-section development. Sam was involved with developing the "footprint" for the project which delineated the ROW needs for all parcels abutting the project limits. The project also won an award from DBIA - Rocky Mountain Region in 2011. Role: Roadway Segment 1 Lead Date: 08/2011 City of Corpus Christi, TX, 2008 Bond Program Assistance, TX Provided preliminary engineering services to develop the scope, budget and schedule for 11 individual street projects as part of the CIP and Bond 2008 Issue Award (2004) SAMUEL SALDIVAR projects. These projects were each estimated to cost $10 to $12 million and required reconstruction to meet the City of Corpus Christi's Urban Transportation Plan. The projects included a full compliment of improvements to the utilities, storm water drainage, and roadway. Role: Design Engineer Date: 10/2008 City of Corpus Christi, TX, Airline Road Improvements, Corpus Christi, TX Bond 2008 improvements to Airline Road between Saratoga Boulevard and Rodd Field Road. Project consists of upgrading the existing two -land rural road without shoulders to a five -lane urban road with curb, gutter, and sidewalks. Also included utility upgrades and repairs (water, wastewater, gas) and significant stormwater improvements, as well as traffic signalization and area lighting improvements. City of Killeen, Texas, FM 2410 and US 190/Rosewood Dr. Overpass Project, Killeen, TX HDR prepared the application for the Pass -Though Finance Plan for improvements to three separate roadways including Farm to Market (FM) 2410, extension of Rosewood Dr and a new US 190/Rosewood Dr grade -separated interchange. The application was successful and HDR prepared Categorical Exclusion (CE) environmental documentation for the FM 2410 portion of the project and plans, specifications and estimate (PS&E) package for the FM 2410, US 190/Rosewood Dr overpass and Rosewood Dr extension. These plans included acquisition of right-of-way, signing, pavement markings, traffic control, erosion control, pavement assessment and design, utility coordination and field surveying. In addition, due to the proximity of the project to Skylark Field Airport, FAA Form 7460-1 Notice of Proposed Construction or Alteration was prepared and submitted for both construction activities as well as the proposed final design. Role: Roadway Lead Date: 02/2015 City of Pflugerville, Pflugerville Parkway (Eastern Segment), Pflugerville, TX HDR was selected to provide schematic design and final plans specifications and estimates to upgrade a five mile segment of the 2 lane roadway to a 4 lane divided arterial roadway. The project incorporates TxDOT criteria based on the 4c funding provided by CAMPO. Additionally, HDR provided traffic warrants, and signal, roadway, and stormsewer design. Date: 06/2004 City of Round Rock, Arterial Storm Water Pump Station Preliminary Sizing, Round Rock, TX Provided services related to the design of an underpass for the City of Round Rock Arterial A under the Union Pacific Railroad. Date: 12/2001 City of San Antonio, Reed Road Improvements: Culebra to Military, Antonio, TX HDR provided preliminary engineering and final design services for the Reed Road: Culebra to Military project, a $6.1M project to reconstruct and widen approximately 5,800 feet of roadway from a two-lane non -curbed section to three lane section to include left turn lanes, bicycle lanes, curbs, sidewalks, driveways, underground storm drain system and traffic signals. The scope of services included preparation of a Preliminary Engineering Report that outlined the SAMUEL SALDIVAR Imn controlling design criteria and set vertical and horizontal alignment allowing the right of way needs to be determined. Final design services included preparation of plans, specifications, and estimates. Date: 09/2010 Fort Bend Grand Parkway Toll Road Auth., Grand Parkway SH 99 Segment D Section 2 (New Territory Overpass), Sugar Land, TX Responsible for the design of PS&E of Section 2 of Segment D which included the overpass at New Territory Blvd. and two bridges over Ditch "M" south of New Territory Boulevard. The project also included the design of the main -lane pavement geometrics, 9 retaining walls, SWPPP, and construction cost estimates for the project along the SH 99 (Grand Parkway) corridor. Date: 00/2014 Gignac Associates, Chaparral) Street Improvements, Corpus Christi, TX See PM Date: 07/2014 HDR Engineering, Arterial A Alignment (SA as sub to Austin), Austin, TX The City of Round Rock Public Works Department contracted HDR's Austin office to prepare plans, specifications, and estimates for a new alignment of a 6 -lane major arterial divided roadway. The project limit was from Joe DiMaggio Boulevard to Forest Creek Drive, totaling 1.14 miles. Project elements included retaining walls, storm sewer system, Chandler Creek Bridge and Brushy Creek Bridge and a railroad bridge over Arterial A. The San Antonio office assisted with preparing plans for drainage, SW3P, traffic control plans, signing and striping. Role: Transportation Engineer Date: 02/2008 HDR Engineering, U.S. Army Corps of Engineers - Fort Worth ECSO IDIQ, Rio Grande Valley Border Fence, engineering subcontract This project entailed providing metes and bounds surveys and legal deed descriptions associated with the proposed "Border Fence". The project limits included Starr, Cameron, and Hidalgo Counties. Role: Project Manager NAVFAC Southeast, NAVFAC SE IDIQ, Basewide Signage Field Inspection and Design, Corpus Christi Naval Air Station, TX HDR helped the Navy achieve signage uniformity and consistency by conducting field work to catalogue and inventory existing signs. Five engineering plan sets were prepared for sign replacement. Role: Project Manager Date: 10/2010 Port Authority of San Antonio, TIGER Grant Application, San Antonio, TX Mr. Saldivar coordinated communication between the Port of San Antonio, HDR, and Pape -Dawson. He led the team in laying out horizontal geometry, planning conceptual drainage improvements, opinions of probable cost, and project schedules for a preliminary engineering plan and estimate of probable cost for TIGER grant application. Role: Project Manager Date: 09/2009 SAMUEL SALDIVAR TxDOT- Dallas District, US 75 Reconstruction, McKinney, TX The HDR Team designed 3.3 miles of the reconstruction of US 75 through McKinney, Texas including two diamond intersections, one single point urban interchange, eight mainlanes, new ramps and new frontage roads. TxDOT- El Paso District, Evergreen 2006, El Paso, TX HDR was selected by TxDOT - El Paso for a two year evergreen contract. One Task Order has been issued for the rehabilitation of IH -10 in El Paso County. This project is the rehabilitation of 4.77 miles of existing east- and west -bound frontage roads. The work is overlay, mill and inlay, and base repair to be done at specific locations as designated by TxDOT. The project also included rehab of 0.84 miles of mainlanes and base repair and resurfacing of one exit ramp. Role: Project Manager Date: 07/2008 TxDOT Houston District, TxDOT Houston IH 45/IH 610 Direct Connector TxDOT Houston, Houston, TX HDR prepared PS&E for IH45 south to IH610 east direct connector, SH35 south connector, IH45 bridge widening at Woodridge, IH610 bridge widening at Telephone and IH610 bridge widening at Broad and IH610 widening for approximately 2.5 miles. Date: 00/2014 TxDOT- Pharr District, Border Safety Inspection Facilities, Pharr, TX HDR was selected for the development of Border Safety Inspection Facilities, which will provide the needed safety inspection of trucks at the Port of Entry while providing for optimum through put of the inspected trucks. Key project elements are inspection bays, roadway elements, queuing areas, parking areas, weight -in - motion (WIM) scales, support buildings and coordination of facilities with the INS using Intelligent Transportation Systems. Role: Transportation Engineer Date: 06/2009 TxDOT- San Antonio District, Planning Evergreen, Task Order 1- SH16/SH46: The project consisted of designing a conceptual intersection layout that upgrades an existing 4 -lane undivided highway with at - grade intersections to a 4 -lane divided highway with a grade separation at the intersection of SH16 and SH46. Allowance for future lanes was included. HDR provided horizontal and vertical alignments, ROW impact analysis, retaining wall analysis, matrix outlining the options for alignments, construction cost, and ROW impacts/costs. Role: Project Engineer TxDOT- San Antonio District, US 281- Loop 1604 Revisions, San Antonio, HDR designed the revised geometric alignments to allow for the addition of proposed tolled managed lanes along Loop 1604 and direct connectors that feed traffic into and out of the proposed managed lanes of Loop 1604 onto the proposed general purpose main lanes of Loop 1604 and US 281, as well as the proposed tolled main lanes along 281 N. HDR provided associated cost estimates and constructability reviews for each of the proposed eight direct connecting bridge structures and approach roadways. SAMUEL SALDIVAR Role: Transportation Engineer Date: 01/2008 TxDOT- Waco District, US 190 Reliever Route, Copperas Cove, TX The HDR Team will design the US 190 Bypass around Copperas Cove, Texas. The project is a new location and will include engineering a four -lane freeway with grade separations. The design will consist of freeway mainlanes, cross street bridges, entrance ramps, exit ramps and the moving of an existing landfill from the right of way of the proposed bypass. USPS, USPS WO #4 - Cedar Elm Paving, San Antonio, TX HDR was responsible for the redesign of the existing layout of the Cedar Elm Postal Facility. This included revising the site layout to accommodate increased traffic loads, circulation plan, drainage design, site grading, ADA compliance, demolition and cost estimates. Date: 07/2008 NON -HDR EXPERIENCE Kostoryz Road Widening, Corpus Christi, TX Widened 2 lane urban road with roadside ditches to a 5 lane curb and gutter section. Designed Vertical Alignment. Performed Hydrologic Analysis for contributing drainage areas. Designed the curb and gutter storm system. Designed the Design Cross -Sections and calculated earthwork volumes. Role: Engineer In Training SH 286/ SH 358 Interchange Upgrade existing interchange from 3 legs to 4 legs with direct connectors and clover leaf ramps. Designed storm sewer system for interchange. Designed grading layouts. Designed horizontal and vertical alignments for minor roadway sections. Designed soil nailed wall layouts. Role: Engineer In Training SH 35 Upgrade a rural 2 lane road to a rural 4 lane divided. Designed the Pavement Structure. Designed the striping layout and calculations. Role: Engineer In Training SH 89 Design of rural 4 lane divided highway with 8 grade separations. Designed vertical and horizontal alignments, designed cross-sections & earthwork volumes, coordinated hydrology & hydraulics. Oversight of traffic control plan, bridge layouts, P&P sheets, and retaining wall layouts. Role: Project Manager US 181 Phase 2 Widen a 4 lane divided to a 6 lane freeway facility with overpasses. Designed Striping Layout and Calc's. Designed curb and gutter storm sewer for frontage roads. Designed driveway pipes for side streets. Role: Engineer In Training US 181 Phase 3 Designed vertical and horizontal alignments for mainlanes and ramps. Created SAMUEL SALDIVAR design cross-sections and calculated earthwork volumes. Oversight on drainage design. Designed traffic control plan. Oversight of SW3P. Role: Project Manager US 59 Super 2 Design of intermittent passing lanes from Beeville to Goliad. Managed total P.S.&E. Designed bridge class structure and traffic control plan. Oversight of P&P sheets, culvert structure sheets, SW3P sheets, striping and signing sheets, and design cross-section work. Role: Project Manager US 77 Rehabilitation Rehabilitate a 5 lane curb and gutter section. Designed the striping layout for the project and calculated associated quantities. Layout consisted of a five lane curb and gutter section which included a -RA/LTL and multiple school crossings. Role: Engineer In Training BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 06, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Lyndon E Smiling Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, ELECTRICAL ADVISORY BOARD, OIL AND GAS ADVISORY COMMITTEE, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, TRANSPORTATION ADVISORY COMMISSION, WATER RESOURCES ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Sikorsky Aircraft Operations Manager Employer Job Title 308 Crecy Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Lyndon E Smiling Page 1 of 5 78419 Work Address - Zip Code Work Phone lyndon.e.smiling@lmco.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Human Relations Commission Education, Professional and/or Community Activity (Present) BS Technical Management MS Management Supply Chain and Logistics MS Project Management Project Management Professional (PMP) Registered Voter? Yes No Current resident of the city? Yes r No 16 If yes, how many years? Smiling Aug 2016 rev 1.docx Upload a Resume Please upload any additional supporting documents Demographics Lyndon E Smiling Page 2 of 5 Other Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Lyndon E Smiling Page 3 of 5 Board -specific questions (if applicable) Question applies to ELECTRICAL ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Not Connected with Electrical Industry Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Not Connected with Oil and Gas Well Industry Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? r'Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Lyndon E Smiling Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? r1° Yes c No Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? c Yes r: No Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * TW Residential Customer and Home Owner of City's Water System Lyndon E Smiling Page 5 of 5 Lyndon E.K. Smiling E'M Summary of Qualification: • Over 30 years of military materials management and control experience that includes maintenance and accountability of multi-million dollar inventories. • 10 years of experience in Project Management. • Computer literate: Windows 10, MS Office Suite, MS Project, IFS ERP system • Documented history of sustained, superior work performance. Key Attributes: Management/Supervision Instructor Specialized Databases Financial/Accounting Work Experience Budgeting Data Management/Reporting Shipping/Receiving Procurement Inventory Control October 2012 -Present: Sikorsky Aircraft Operations Manager: Responsible for the coordination of the Materials, Technical support and Engineering teams for Sikorsky Aircraft's Technical, Engineering, Logistics Support and Services (TELSS) contract with Army Material Command for the Corpus Christi Army Depot(CCAD). Assists the CCAD Program Manager in managing all business activities associated with the Technical, Engineering, and Logistic goals in accordance with established metrics for the H-60 components and airframes contracted for the partnership. I assist in the management of process improvement, production material and material support services, information technology, and warehousing activities for the program. I work closely with the Program Manager and the Material Planning and Control Manager on all aspects of the TELSS contract, from contract award to the end of the contract period of performance, encompassing the coordination and/or support of the Program Operating Plan, Program Implementation Plan, and Program Execution Plan. Other responsibilities include: - Management of the day-to-day operations for the Sikorsky on-site teams. - Coordination and monitoring the work of the departments involved in production, warehousing, and distribution. - Participate in all CCAD Operations / Production meetings. - Actively manage all (Sikorsky on site) Facility, Manpower, Production Systems, Production Scheduling, and Production Performance initiatives as they pertain to the execution of this contract and its schedules. - Actively manage daily Sikorsky production operations meeting to identify material shortages and aircraft status - Contribute to short and long-term organizational planning and strategy as a member of the program management team - Manage and increase the effectiveness and efficiency of support services through improvements to each function as well as coordination between support and business functions February 2010 -October 2012: Derco Aerospace Inc. Director of Logistics Programs: Represents and advocates for the organization, bringing an understanding to and developing, articulating and facilitating an agenda for the promotion and marketing of the corporation. Responsible for the management and execution of multiple logistics programs. Acts as liaison between cross -contract entities, customer and corporate interests. Led Derco Logistics team to AS 9120 Certification, VPP Star Certification and ACE Bronze compliance. Oversaw the material forecasting and supply chain management for T34/44 aircraft and UH -60 Blackhawk components. Ensured supplier compliance to the United Technologies Corporation Quality Standard. I was responsible for a 25% increase in revenue for the CCAD program. November 2003 -February 2010. Derco Aerospace Inc. Project Manager: Through various projects and roles, coordinated the efforts of the warehouse team to ensure timely and efficient receipt, storage, picking and delivery of Blackhawk Helicopter parts in support of the recapitalization of Sikorsky's Blackhawk Helicopter and components at the Corpus Christi Army Depot. Responsible for the forecasting, purchasing and overall supply chain management of the materials required for the overhaul of 23 unique Blackhawk Components managed by Derco Aerospace. Critical shortages were reduced from 30% to less than 0.1%. May 1983 -October 2003. United States Navy. Aviation Repairables Manager: Directly responsible for maintaining 100% inventory accuracy and stock levels at various duty stations in the Continental United States, Overseas and shipboard locations. Skills: • Continuous Improvement: Qualified Associate of United Technologies Corporation ACE operating system. • Leadership: Lead several diverse teams and departments with successful results. • Project Manager: Project Manager for the successful implementation of SAP in the warehouse • Software Integration Team: Key player in the implementation of ERP upgrades • Database Administrator: Maintained data integrity of specialized Naval shipboard supply systems database. Performed weekly backups and reviewed output products for accuracy. Education/ Training • Project Management Institute (PMI). —Certified Project Management Professional (PMP). • Embry -Riddle Aeronautical University. —MS Project Management. • Embry -Riddle Aeronautical University. —MS Management. (Logistics and Supply Chain) • Embry Riddle Aeronautical University. —BS Technical Management. Magna Cum Laude • Saint Michael's College, Belize City, Belize. -High School Diploma BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 01, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Mario Tarver Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone U.S. NAVY Naval Aviator Employer Job Title 504 Bataan Way Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code Mario Tarver Page 1 of 4 Work Phone Mario.Tarver@navy.mil Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BS in Aerospace Science Engineering ATP, Civil Air Patrol member, Organization of Black Aerospace Professionals Registered Voter? r• Yes r No Current resident of the city? r: Yes ` No 1 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics African American Mario Tarver Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Mario Tarver Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Mario Tarver Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 16, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Barry R Thornton _ Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Retired , DHS/CBP Air & Marine Employer 4306 Crested Butte Dr. Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78413 Work Address - Zip Code Program Manager Job Title Barry R Thornton Page 1 of 4 361 850 9844 Work Phone barry.thornton@gmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BAST, Aviation Management, Thomas Edison State University Level I Program Manager U.S. Customs and Border Protection (Air & Marine Div) Registered Voter? r• Yes r No Current resident of the city? t7 Yes ` No 30 If yes, how many years? Resume BRT.docx Upload a Resume PM.pdf Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Barry R Thornton Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Barry R Thornton Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Barry R Thornton Page 4 of 4 Resume for Barry R. Thornton INMK I have recently retired from the Federal Government and am seeking to fill a vacant position on the Corpus Christi International Aviation board where my forty-five years of aviation related experience could be called upon to assist the Board and City Council in any way possible. Experience 2008-2016 — Program Manager- U.S. Customs Air and Marine Program (P-3 aircraft) 2003-2008 —Aviation Maintenance Officer - U.S. Customs Air and Marine Program (P-3 aircraft) 1995-2003 —Aviation Maintenance Inspector - U.S. Customs Air and Marine Program 1990-1995 — Flight Engineer - U.S. Customs Air and Marine Program 1989-1990 — Assistance Site Manager — Northrop Aircraft — US Customs maintenance 1985-1989 — Instructor/Curriculum Development Supervisor — US Navy 1983-1985 —Air Wing Flight Deck Coordinator — USS Independence (CVA -62) 1980-1983 —Attack Squadron Flight Deck Coordinator — USS Eisenhower (CVN 69) 1976-1980 — Reconnaissance Squadron Maintenance Control Chief/Flight Engineer 1972-1976 —Antisubmarine Squadron Flight Engineer/Quality Control Manager 1969-1972 —Aviation Power -Plants Technician Education 1963-1967 —Amherst Regional High (HD) 1970-1974 — University of Maryland (core course work) 1975-1980 — Embry -Riddle Aeronautical University (core course work) 1985-1988 — Thomas Edison State University (BAST Aviation Management) Federal Aviation Administration Licenses Airframe & Powerplant Mechanic Turbopropeller Flight Engineer Homeland Security Certified Acquisition Professional Program Manager - Level I In recognition as a professional in the acquisition career field as evidenced by the attainment of experience, education and training goals prescribed by the Department of Homeland Security, this certificate is presented to Certification Expires. December 30, 2012 Barry R. Thornton Date of Issuance: December 30, 2008 Certified Acquisition Professional Since: December 30, 2008 tS) Donna Jenkins Chair, DHS Acquisition Certification Board BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Robert Trevino Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, COMMITTEE FOR PERSONS WITH DISABILITIES, MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone CORPUS CHRISTI ARMY SUPERVISOR/DIRECTORATE DEPOT OF MFG./PROC. PRODUCTION Employer Job Title Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78419 Work Address - Zip Code Robert Trevino Page 1 of 4 361-961-4296 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF INCARNATE WORD ACADEMY. B.S. IN PROFESSIONAL AERONAUTICS (EMBRY RIDDLE AERONAUTICAL UNIVERSITY). RETIRED UNITED STATES ARMY (AIR TRAFFIC CONTROLLER). Registered Voter? Yes r No Current resident of the city? r: Yes ` No 9 If yes, how many years? TREVINO.pdf Upload a Resume Please upload any additional supporting documents Demographics Robert Trevino Page 2 of 4 Hispanic Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Robert Trevino Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Robert Trevino Page 4 of 4 05/05/2014 20:26 3619614444 tlnlinrt Yea Treviso Availability: Job Type: Permanent, Term. Iniernshgls Work Schedule. Full -Time. Shin Work Work Experience: Corpus Christi Army Depot Serie:+; lB'Ifr Pay Plum: WS Grades Is 3P0 Crary Curet Corpus Christi, TX 75419 United Stoles 01/2007 • Present Morn urn per work. 40 Supervisor (This is n federal job) Duties, Accum plinhmmom and Related Skills.: Serves AS a Supervisor of fourteen cmplayces in the rcpn t and refurbishing of airernRcomponent containers Picots use ofnuhardinnleworker; equipment fneililics. and mater als on 11 week to -week or month-to-month both. establisher dead'rnes, priorities. and work sequences, and plans work assignments based an general work schedules, methods and policies set by higher level management. n$ fetttered, coordinates work with s,lppnrting ns. reltled work functions contmised by ether wpervirorr Assigns work In cmpfayect Observes work 'n progress, investigates wok minted proh'ents (e.g. law productivity, worklond imbnleince, ;pact rearrangement. and ncquisitron or development of apectoli.cd n+nle rte ), and determiner ermines. implements correettvc aenong within the authority to resolve work prob`cros. resolves stnninh. engineering requirements. end work operations problems Recommend solutions to coordination problems between work operation and other production find support organitsilinns la Include rcqucar for summit scrvsees from line and/or staff emotions (c g Prado t on Control). Plen and eslabltsh overall leave schedules. Counsel employees rm perfarmaree, Promote n positive work environment for all employees. Supervinor Fred Mehnry Okay to canon ihisi Stoners kw. Yes U. S. Army Armed Forces Pncific Korea. Republic of Cp Husnphler , South Karen 04/2004.0S/2005 Salary: 42.00000 USD Per Year Moira per week: 40 Air Traffic 1 innn/Plntnan gtrgrnnt Duties, Accomplishments And Related SkIIIj: Supervised aver an organizntiunnl segmenr of the i;it t and was responsible In planning and directing work operatic -is and corseted nilminisuative authority Regarded u the top subject molter expels for the irides And occupations in the nrga11r7.ntiollal unit under the incumbents supervision. perform safety duties and functions in support of the Army Safety Program. and rhe inrcy moon of risk management iron the Army processes Planned use ofsubordinnle workers' equipment, toed cries, and materials on a week to wcck or north to month boils C inblished deadlines, prinnt`es, and work ncqucnccn. and plane work auignmenu bussed on gcncr•.1 word; s.hcdnles<, methods. and policies act by Iirghcr level management Corned out rano: control dunes it ensure the safe conduct of limning in accordance with Bth Army relfulnbons, pnkeieq rind erne Supervisor Cpt. Kevin C. marine Okay la contact thin Supervisors Yes U. S. Army Pt Campbell, KY United Sudo 10/21101 - 0312004 Salary: 40,000 00 USD Per Year Noun per week: 40 9ahreTower Podgy Chief Doric, Accomplishments and Itelnted Skills: Served ns a Fac Arty Chief/Air fnaa l: Control Specialist (Tcrminid)nt Sabre Army I4cli,n Tnwcr Resent hie rrir the tnrc Arddly mid ewpedinnn:t Row of al rcnA npertuing in Sabre 'tower Areh or refptins ihility, U tiliscd tower rAdar And viS'iat (lieu ride. insrrtrment dight rules, specinl and corer VFR rn cReet sepnrahnn between arriving, deporting and enrosne sir uafiie. Checked proposed route of night for crossing dangerous or rcatrictcd cress rind for ATC information requires) fine proper entry int*the correct contrailing agenc. Received and trnnsmiucd .11 wrnther and safety worniogs Alerted troth crew in rhe event of n,rern0 emergencies. Mnintnincd IllIca on flying haps://my.usajobs.gov/Applicant/Resume/ListResumes PAGE 03 Pagel of3 SEC .._ MAY 062014 5/5/2014 05/05/2014 20:26 3619614444 regulations. informnunn publications. And navigational air Information Mirmlamedboth Individual Plight Record: Felder and Indivrdent Aircrew 7rninien Folder IAW FM 1-300 and AR 95-1 nested and updated the NOTAM file dally Relayed weather ifnrmation as received from NAS Weather Office. c+c. that could affect the flight. to include weaiher warnings. nJarmo, ohrcrvntians. and forccAsu Provided OIT rntrtin+on find guidance in trainee controllers involved In quinlineaunn tri nmg let their FAA Cl'f) cent0cnte Counseled soldiers on perForrrrnnce, set performance stnndnrda and made !urinal appralsol+ of subordinates' wnr1 performance Recommended soldiers for promotion and fir ronsatgnment. Reviewed job description for currency and nccurncy and made nccesanry change+ Counseled soldiers on problems and lJlutled rnformnl compininIt through discussion with the saltier initiated prnposals for formal disciplinary action as needed Supervlaor Jonnlhnn R Hnlloc OLny to vintner Ihis Snperviso h r c U. S. Army Fon Rucker. AL 36262 United Staten 11511999 . 09f2001 5alory 3R.000 00 USD Pcr Yenr Hours per week! 40 10ttruclor/W'nrer Oulirs. Accempliahmeol+ and Related Skills: Conducted college level inalrucunn for U 5. Army Avinenn Center ,ns+ruemr+nnrning developers in this insnuecerTra.nmg Course .nd the Syiletns Approach to Training (SAT) Cnurse and using the SAT process m thy to day nth tidies Graduated from the Middle Managers Course Fncililaledmoll group instruction for 5-6 sluden $ trnvided Instruction to both Mi Mery and Crvd an personnel, a+ well as, foreign smilents at. And to he instructors at the Army Av+stton War fighlcr Center and nbmitd. Fvoluatcd 1) S Army Aviation !minima for Ilse 11+mletnr recognition promos. Conducted research. educiitiennl studies and developed raining mnterinI ns required Deve'oped and adjusted qualiry eanunl sed inspection requirement+. mit ucnons. methods techniques and procedure+ Researched new .nfnrmal+nu about subjects atudred to clarify and validate results Collected. reviewed, evaluated, and interpreted data Prescnterl findings. options. and recommendli.tn+. via briefings, srsff reports. projects, papers. etc Preluded reports of disrrapnneies, fnllnwed up and implemented enrreerwe action Reviewed. nnnlyzed, rind inierprcied regulations. publications nnd dinning! penmen' to quality systema nnil technical work requirements Performs duties ns a lead Trainer In preparing lesson pians, upon; and conducts quahiy audit+ Skill in developing end presenting wt+nen And ern) moment And non.rechnical Information Supervisor Cnig A Allem/1M Okay to cornett thin Supervi U.S. Army F1 Wninwright. AK United Smits 04 1956 - 0511991 5nlaryt 36,000 00 USD PCT Yenr ilours per -Ceti' 40 Air Traffic Control Spreinlint Shift Lender Dudes. Aerompli1hmenra and Related Skillrt Served as Air Traffic Control Speelahat for n Viiuol Flight Rule f,VFRl tower and a Nem (inn Approach Cnntml Radar Approach Alternately performed radar enntrni tied tower rc+pnnsihr!nce+ Wet a+cigned to Other po+.pmts of nrcretion 41 requiredin include shift supervisor and lrarn.ng supervrrnr. Cnntmlled nlrcrnfl ucin0 radar, ensuring preel is alignment ofitnth search end precision ender }croons Pslnttl+shed nnrl mnintnined liosdive mini identilient 0n 01'nirerdfl.13111100 turns and nititude to as to ctlnblish rind maintain appropriate sepnrM.ona Vectored nircrnfl to the final approach 10111110 by issuing glide path and nzunul1 intermanon On final oputoac°,, ensured dist s.rcrsfl'ming vectored remained wrth•n the airfields deter itcd Airspace Considered mbar equipment enpnbi. diel, nitcmfls position, speed and 'dike a in respect 10 terrain efearnnce. control towers traffic density. priorities emergencies. wenther and wind. lost communication and toil rador procedures. how approach will terminate. and airfield ct nditions. Made decisions involving die order of departure+ and arrivals. dcsignstlnn of aetive runway and possible simultaneous use of runway and nailer landing peens f3stred mnntetions and clearnncea to aircraft operating in the tower's area rf responsibility Considered the poainor, rypc. speed, direction, numbernnd capabilities to atremft wishing to depart from nr'and or this nirpnrt Considered rhe man direction. condition of runways, nonronehes .n progress- none nbatement requirements, wake lurtiulenee and inose inrerrention. Mode deem one involving the rime and direction nt dcpanures.arrivnls. owed Instrument Flight Rules I I FR) clearances teccived PAGE 04 Page2of3 https://my.usajobs.gov/Applicant/Rcsumc/ListResumes 5/5/2014 05/05/2614 20:24 3619614444 Frnm FA] Approach Control rn pr vide Inih3I rcpat on between IFR aelval.Jdopan1u ruceeuive virval flight note wrlvdddcparturre U. S. Army Fed Recker, Al. 363d2 Unimd not= 0617 919 - 031177 Salary' 32,000,00 USD Per Yeu Nauru per 'mkt 10 PAGE 02 Page 3 of 3 City Of Corpus Christi ANIMAL CARE ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 7 TERM LENGTH 3 Years TERM LIMIT 6 Years The Animal Care Advisory Committee advises the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Committee shall be advisory only. DETAILS COMPOSITION It shall consist of seven (7) members. Terms will be for three -years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at -large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager or his representative and the Animal Care Services Manager shall serve as ex -officio members of the Committee without vote. The Committee, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Committee and a Vice - Chairman who shall act as president in the absence of the Chairman. The Animal Care Services Manager or his designated representative shall serve as the secretary of the Committee. The Animal Care Advisory Committee is designated as the Animal Shelter Committee required by the Health and Safety Code. CREATION / AUTHORITY Section 2-1 15, Code of Ordinances. Ord. Nos. 14214 - 2/22/78; 17573 - 4/20/83; 17748 - 7/27/83; 20294 - 5/3/88; 024461 - 5/22/01; 030405 - 1/20/15. MEETS 3rd Thursday of every month, 12:30 p.m., Animal Care Facility Conference Room, 2626 Holly. TERM DETAILS Three-year terms. DEPARTMENT Corpus Christi Police Department COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION ANIMAL CARE ADVISORY COMMITTEE Animal Care Advisory Committee Members April 11, 2017 Three (3) vacancies with terms to 5-31-18 and 5-31-20 representing the following category: 3 - Community At -Large. Linda A. Gibeaut Michelle Sanders Megan Winn Samantha Person Cheryl Martinez Megan Tisdale Dr. Sara Andux ANIMAL CARE ADVISORY COMMITTEE ANIMAL CARE ADVISORY COMMITTEE ANIMAL CARE ADVISORY COMMITTEE ANIMAL CARE ADVISORY COMMITTEE ANIMAL CARE ADVISORY COMMITTEE ANIMAL CARE ADVISORY COMMITTEE ANIMAL CARE ADVISORY COMMITTEE Seeking reappointment Not seeking reappointment Resigned Active Active Active Active District 2 1 05/31/17 District 5 Partial 05/31/17 District 5 1 05/31/18 District 5 1 05/31/19 District 1 2 05/31/18 District 4 1 05/31/19 District 5 1 05/31/19 Community At -Large Community At -Large Community At -Large Animal Welfare/Shelter Animal Welfare Community At -Large Veterinarian Member 100% 1/1 Member Member Vice -Chair Chair Member Member MINIM ElimMillmE11111111 Melissa D. Bruton ANIMAL CARE ADVISORY COMMITTEE District 4 CCRV 8045 IH 37 Corpus Christi TX 361-289-5400 Sharon Ray Keera E. Seiger Jake A. Trevino ANIMAL CARE ADVISORY COMMITTEE ANIMAL CARE ADVISORY COMMITTEE ANIMAL CARE ADVISORY COMMITTEE District 5 Gulf Coast Humane Society 3118 Cabaniss District 4 Texas A&M University - Corpus Christi 6300 Ocean Dr. District 1 CC Area Oil Spill Control Corpus Christi TX 361-225-0845 Corpus Christi TX 1231 Navigation Blvd. Corpus christi TX 361-438-6612 Carrie L. Withers ANIMAL CARE ADVISORY COMMITTEE District 4 Corpus Christi Army Depot 308 Crecy Street Corpus Christi TX 361-961-5541 Animal Care Advisory Committee Applicants April 11, 2017 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 10, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Melissa D Bruton Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone CCRV sales representative Employer Job Title 8045 IH 37 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78409 Work Address - Zip Code Melissa D Bruton Page 1 of 4 361-289-5400 Work Phone melissa@ccrv.net Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) former zookeeper, volunteered at numerous animal care facilities, ran a pet sitting business, managerial experience Registered Voter? r• Yes r No Current resident of the city? t7 Yes ` No 3 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Melissa D Bruton Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Melissa D Bruton Page 3 of 4 Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * F. None of the Above Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Melissa D Bruton Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 11, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Sharon Ray Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Gulf Coast Humane Society Director Employer Job Title 3118 Cabaniss Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78415 Work Address - Zip Code Sharon Ray Page 1 of 4 3612250845 Work Phone Director@gchscc.org Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Science 1991 Muncie IN. Registered Voter? r• Yes r No Current resident of the city? 'Yes` No If yes, how many years? Executive Director Candidate Sharon Ray.docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Sharon Ray Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Sharon Ray Page 3 of 4 Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * F. Animal Shelter Operator Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Sharon Ray Page 4 of 4 Sharon Ray 1991 • The Salvation Army college for officer training —Atlanta, GA 1996 CAREER BACKGROUND: • Corps Officer — Arlington, VA ; Wilson, NC, Minneapolis MN — June 1996 — June 2005 • Divisional Youth Secretary — Missouri/ Southern Illinois June 2005 — June 2007 • Divisional Youth Secretary — North/South Carolina — June 2007- June 2011 • Associate area Commander and Kroc Administrator — Biloxi, MS. — June 2011- June 2013 • Associate Regional Commander — Corpus Christi, Texas — June 2013 - Present MEMBERSHIPS/ORGINAZATIONS/OTHER: • The Salvation Army • SALARY EXPECTATION 45-60K BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 30, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Keera E Seiger Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Texas A&M University - Corpus Christi Student Employer Job Title 6300 Ocean dr. Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code Keera E Seiger Page 1 of 4 Work Phone kseiger@islander.tamucc.edu Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Junior level Political Science student at TAMUCC, Bank Teller at Frost Bank for 2 years Registered Voter? r• Yes r No Current resident of the city? 'Yes` No 21 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Keera E Seiger Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Keera E Seiger Page 3 of 4 Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * F. None of the Above Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Keera E Seiger Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jun 20, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Jake A Prefix First Name Middle Initial Email Address Trevino Last Name Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, ARTS & CULTURAL COMMISSION Street Address Suite or Apt City State Postal Code District 1 What district do you live in? Primary Phone Alternate Phone Cc area oil spill control Hazmat tech Employer Job Title 1231 navigation blvd Work Address - Street Address and Suite Number Corpus christi Work Address - City Texas Work Address - State 78403 Work Address - Zip Code Jake A Trevino Page 1 of 5 3614386612 Work Phone jakstax457@gmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Registered Voter? t: Yes No Current resident of the city? c Yes r No 25 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Hispanic Jake A Trevino Page 2 of 5 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Jake A Trevino Page 3 of 5 Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * F. None of the Above Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * i Public Art / Public Space Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Jake A Trevino Page 4 of 5 Jake A Trevino Page 5 of 5 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 14, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Carrie L Prefix First Name Middle Initial Email Address Withers Last Name Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Corpus Christi Army Depot Employer 308 Crecy Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78419 Work Address - Zip Code Chief, Training and Employee Development Job Title Carrie L Withers Page 1 of 4 361-961-5541 Work Phone carrie.l.withers.civ@mail.mil Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not. Education, Professional and/or Community Activity (Present) Member Del Mar College Business Advisory Committee. Treasurer and lifetime member of US Army Association of America (AAAA). Member and former President of Federal Manager's Association (FMA) Chapter 125. Volunteer (since May 2016) with People Assisting Animal Control (PAAC). Registered Voter? Yes r No Current resident of the city? t7 Yes ` No 26 If yes, how many years? Upload a Resume Lynn Withers Bio for City.docx Please upload any additional supporting documents Demographics Carrie L Withers Page 2 of 4 Caucasian/Non-Hispanic Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Carrie L Withers Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Carrie L Withers Page 4 of 4 A native of Corpus Christi, Texas, Lynn began her career with the Department of Defense at Lowry Air Force Base in Denver, Colorado in 1987. After a four year tour in Heidelberg, Germany Lynn returned to Corpus Christi and began working at the Corpus Christi Army Depot in 1991 as an Administrative Assistant in the Total Quality Management and Organizational Design Office. During her career at CCAD she served in several capacities to include Total Army Quality Specialist and Instructor, Business Development Specialist, Depot Operations Officer Assistant, Administrative Officer, Maintenance Systems Analyst, and Supervisory Technical Training Advisor. In July 2006, Lynn was selected as the Chief, Skills & Development Division in the Directorate of Human Capital Management. Lynn holds a number of certifications including Registered Third -Party Quality Systems Auditor, Administrator of the Myers -Briggs Personality Type Indicator, Certified Facilitator for the Covey Leadership Institute, Certified Motivational Speaker for Zig Ziglar See You At The Top Program, and Accredited Off -Campus Instructor for the Army Management Engineering College. Currently she serves as the Army Activity Career Program 32 (Training, Capabilities and Doctrine Warfighting Developers) Manager. Lynn is involved in several organizations and volunteer efforts including the Federal Managers Association (Chapter 125 Trustee), Army Aviation Association of America (Lifetime Member), Operation Christmas Spirit (Committee Member), and People Assisting Animal Control (PAAC). She is married to Blaine Withers and is a proud parent and step-parent to their blended family of five children, eight grandchildren and two great-grandchildren. Lynn and Blaine are animal advocates, with six rescue dogs of their own, they also contribute each year to various local animal charities and serve as fosters when called upon to do so. Public Affairs Office 308 Crecy St. Mail Stop #11 Command Ste. Room #116 Corpus Christi, TX 78419 n- I .II Scan with smart phone to visit our wehsite 6 www mad .army .mil gitqa City Of Corpus Christi TRANSPORTATION ADVISORY COMMISSION BOARD DETAILS T OVERVIEW SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Transportation Advisory Commission is responsible for providing a public forum for the discussion of proposed ordinances or actions relating to traffic operations and transportation planning matters; advise the City Council and City Manager or designee on traffic regulations and Chapter 53 — TRAFFIC of the Corpus Christi Municipal Code; conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects (the substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council); independently review grant applications for transportation improvement projects; promote public knowledge of traffic enforcement and understanding of City transportation issues; promote public acceptance of transportation programs that are proposed or initiated by the City and provide advice on regional transportation issues; provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system; provide recommendations on transportation aspects of the City's Capital Improvements Program; monitor the implementation and evaluate the City's mobility -related master plans; submit annual reports to the Planning Commission and City Council; independently review traffic safety reports for City streets and provide recommendations for traffic safety-related improvements; research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs; independently review the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning these matters; act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per the Unified Development Code to the Planning Commission and City Council. DETAILS COMPOSITION Nine (9) residents of the City appointed by the City Council for three-year terms. At least one (1) member shall be a representative of the bicycling community. The terms of three (3) members shall expire on May 1st of each year. The Commission elects a Chairman and Vice -Chairman annually at the first regular meeting following the annual appointments in May. The City Manager or designee may recommend for appointment ex -officio members. The Commission is authorized to appoint, as ex -officio members without voting privileges, any additional members. CREATION / AUTHORITY Section 2-120, Code of Ordinances. Ordinance No. 3679, 3-3-54; amended by Ord. Nos. 6577, 10079, 10912, 11841, 17526, 20294 - 5-3-88; amended by Ordinance No. 30474, 4/14/15. MEETS 4th Monday of every month, 2:30 p.m., City Hall, Council Chambers TERM DETAILS Three-year terms. TRANSPORTATION ADVISORY COMMISSION Page 1 of 2 DEPARTMENT Street Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION TRANSPORTATION ADVISORY COMMISSION Page 2 of 2 Transportation Advisory Commission Members April 11, 2017 Four (4) vacancies with terms to 5-1-18 and 5-1-20. 113Tri1S!! 111111111111111111111- Karen Beard TRANSPORTATION ADVISORY COMMISSION Resigned District 5 Partial 05/01/18 Member Dennis Miller TRANSPORTATION ADVISORY COMMISSION Seeking reappointment District 5 1 05/01/17 Member 89%8/9(1 exc.) Edd Price TRANSPORTATION ADVISORY COMMISSION Met the six-year term limitation District 2 2 05/01/17 Member I an Rins TRANSP(IRTATION ADVISORYCOMMISSION Saekineraannnintmant flistrirt 4 Partial OS/Oh/17 Mamhar R9% R/9 Anthony Gavlik TRANSPORTATION ADVISORY COMMISSION Active District 4 1 05/01/18 Member Bicycle Community Representative Wifredo Rivera, Jr. TRANSPORTATION ADVISORY COMMISSION Active District 2 1 05/01/18 Member Robert Saldana TRANSPORTATION ADVISORY COMMISSION Active District 5 1 05/01/19 Chair Scott Harris TRANSPORTATION ADVISORY COMMISSION Active District 1 2 05/01/19 Vice -Chair Elena Buentello TRANSPORTATION ADVISORY COMMISSION Active District 3 1 05/01/19 Member Valente Olivarez TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A N/A Ex -Officio, Non-voting Texas Department of Transportation Corpus Christi Regional Wes Vardeman TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A N/A Ex -Officio, Non-voting Transportation Authority Corpus Christi Metropolitan Planning Jeffrey Pollack TRANSPORTATION ADVISORY COMMISSION Active District 4 N/A N/A Ex -Officio, Non-voting Organization District Em.lo -r Work Address Work Phone Robert A. Alvarez TRANSPORTATION ADVISORY COMMISSION District 5 Alvarez Insurance Group Phillip Davis TRANSPORTATION ADVISORY COMMISSION District 4 5810 5. Staples Richard J. Diaz TRANSPORTATION ADVISORY COMMISSION District 4 Altex Computer and Electronics 5945 McArdle Road John Garcia Do you qualify for the bicycling communit cate:o ? Corpus Christi TX 361-442-6799 no yes Corpus Christi TX 361-814-8882 yes TRANSPORTATION ADVISORY COMMISSION District 1 Comfort Suites 1814 Ennis Joslin Road Corpus Christi TX 361-991-7100 yes Transportation Advisory Commission Applicants April 11, 2017 Lyndon E. Smiling TRANSPORTATION ADVISORY COMMISSION District 4 Sikorsky Aircraft 308 Crecy Street Corpus Christi TX no John D. McMullan P.E. TRANSPORTATION ADVISORY COMMISSION District 5 Urban Engineering 2725 Swantner Drive Corpus Christi TX 361-854-3101 no BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION Submit Date: Jul 05, 2016 OR COMMITTEE FOR THE Status: submitted Profile Robert A Prefix First Name Middle Initial Email Address Alvarez Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, ETHICS COMMISSION, TRANSPORTATION ADVISORY COMMISSION Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Alvarez Insurance Group Owner/Broker Employer Job Title 5810 S. Staples Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78413 Work Address - Zip Code Robert A Alvarez Page 1 of 5 3614426799 Work Phone radam@alvarezinsgroup.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Promoter of locality and professional networking in the Corpus Christi community for my own insurance agency. Registered Voter? r• Yes r No Current resident of the city? t7 Yes ` No 32 If yes, how many years? Adam s Resume 2014 1 .docx Upload a Resume Please upload any additional supporting documents Demographics Hispanic Robert A Alvarez Page 2 of 5 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Robert A Alvarez Page 3 of 5 Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? c Yes c No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? c Yes No Robert A Alvarez Page 4 of 5 Robert A Alvarez Page 5 of 5 Robert Adam Alvarez Objective Summary: To utilize my skills and abilities to better the customer/client experience and satisfaction and to further the success of the business. ,/ Typing — over 65 words per minute ,/ Strong use of multi -line phone and soft -phones ,/ Extremely clean background and driving record Experience Areas of Expertise: Strong multitasker ,/ Very fast learner ,/ Expert with all MS Office applications and other computer programs ,/ Experienced in data entry ,/ Expert in creating and and 10 -key with good filing reports speed and accuracy ,/ Highly professional ,/ Excellent people skills Nonferrous Supervisor, CMC Recycling, Corpus Christi, TX, June 2013 — Present Day • Run day-to-day operations at nonferrous scale. • Take care of customer's needs and work to retain them. • Supervised a crew of 5-10 people. Office Assistant, J&G Armadillo Bookkeeping, Corpus Christi, TX, June 2008 — June 2013 • Helped with day to day clerical operations/filing in running the office. • Gather all necessary data to completing tax returns, i.e. receipts, legal documents, home information, etc. • Keyed in proper data into databases of all financial info utilizing the 10 -key. (Primary) File Clerk, Royston, Rayzor, Vickery & Williams, LLC., May 2007 — August 2008 • Prepared and set up project for transition of traditional paper system to modified "paperless" filing system. • Responsible for filing and indexing for a 10 lawyer law firm and assisting paralegals and runners. Education University of Dallas — Irving — August 2001 to June 2004 -Bachelors of Science in Business with Concentration in Marketing Texas A&M — Corpus Christi — August 2000 to May 2001 — Criminal Justice Page 2 of 2 References available upon request... BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 13, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Phillip Davis Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT, MARINA ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION, WATERSHORE AND BEACH ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Phillip Davis Page 1 of 5 Work Address - Zip Code Work Phone pdavis@delmar.edu Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Anything outdoor related: Parks, Marina, Beaches, etc Education, Professional and/or Community Activity (Present) Active in Santa Fe Soccer Club, Santa Fe Swim Club and Downtown Optimist Club Registered Voter? f7 Yes r No Current resident of the city? Yes r No 35 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Phillip Davis Page 2 of 5 Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Phillip Davis Page 3 of 5 Board -specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * JV Scientist, i.e. Marine Biologist Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Yes c No Phillip Davis Page 4 of 5 Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * V' Scientist i.e.,Marine Biologist) Phillip Davis Page 5 of 5 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 12, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Richard J Diaz Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Altex Computer and Electronics Sales Employer Job Title 5945 McArdle Road Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code Richard J Diaz Page 1 of 4 3618148882 Work Phone rdiaz@altex.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) High School Diploma Registered Voter? r• Yes r No Current resident of the city? 'Yes` No 23 If yes, how many years? Print Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Hispanic Richard J Diaz Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Richard J Diaz Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r:Yes rNo Richard J Diaz Page 4 of 4 Print Resume 3/12/17, 9:40 PM MR. Richard James Diaz Availability: Job Type: Permanent, Temporary, Term, Detail, Seasonal, Summer, Presidential Management Fellows, Recent Graduates, Multiple Appointment Types, Intermittent, Internships, Telework Work Schedule: Full -Time, Part -Time, Shift Work Desired locations: United States - TX - Corpus Christi Work Experience: Altex 5945 McArdle Road Corpus Christi, TX 78411 United States 03/2015 - Present Salary: 10.50 USD Per Hour Hours per week: 40 Sales Associate Duties, Accomplishments and Related Skills: My duties include opening the store, helping customers find the products they are looking for, stocking and organizing products, and updating and creating new price tags. I am also the secondary inventory receiving worker for the store. My duties include, organizing the warehouse inventory, reviving deliveries from FedEx and UPS, receiving pallets from our distrobution center, repackaging products to be put back on our shelves, shipping our products to customers and our other stores, and checking in and counting delivered products and rolling them out to be put on our shelves, if the store is busy I also act as a Sales Associate to help waiting Customers and help stock delivered products. Supervisor: Perry Jones Okay to contact this Supervisor: Yes Retail Corner Store 6401 Saratoga Blvd Corpus Christi, TX 78411 United States 09/2015 - 11/2015 Salary: 8.00 USD Per Year Hours per week: 28 CSR Duties, Accomplishments and Related Skills: Work register, close store, stock merchandise. Supervisor: Ellie Okay to contact this Supervisor: Yes Retail Corner Store 6401 Saratoga Blvd Corpus Christi, TX 78411 United States 03/2013 - 01/2015 Salary: 7.95 USD Per Hour Hours per week: 40 CSR/Cashier and Assistant Manger in Training Duties, Accomplishments and Related Skills: As a CSR I ran the register, stocked shelves and cooler, checked in clean and presentable), and closed the store. As Assistant Manager I did all the duties of a CSR plus opening the Miller. Supervisor: Ellie groceries, baked, cleaned the parking lot and pumps, maintained the store (kept inside store, daily paperwork, approved time sheets, checked in deliverers such as Pepsi and about:blank Page 1 of 3 Print Resume 3/12/17, 9:40 PM Okay to contact this Supervisor: Yes Chick-Fil-A 4741 S Padre Island Dr Corpus Christi, TX 78411 United States 05/2012 - 07/2012 Salary: 8.25 USD Per Hour Hours per week: 40 Cashier Duties, Accomplishments and Related Skills: Take orders, get drinks, clean up the dining area, take out trash, make tea and lemonade, clean trays. Supervisor: Yolanda Okay to contact this Supervisor: Yes Education: Richard King High School Corpus Christi, TX United States High School or equivalent 05/2012 Relevant Coursework, Licenses and Certifications: Took architectural graphics design class in ninth grade. Took NJROTC for all four years of high school, graduated as Cadet/Lt Junior Grade and held the positions of the Company Senior Supply Officer and Commander of 6th Platoon. Job Related Training: Trained as Assistant Manager. Language Skills: Language English References: Spoken Written Read Advanced Advanced Advanced Name Employer Title Phone Email Carol Clark (*) Retired CCAD Beth Dlaz CCAD Ricardo Diaz CCAD (`) Indicates professional reference Additional Information: Finished High School as Cadet/Lt Junior Grade and held the positions of the Senior Cadet Supply Officer and Commander of 6th Platoon of my NJROTC about:blank Page 2 of 3 Print Resume group as Richard King High School. about:blank 3/12/17, 9:40 PM Page 3 of 3 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 08, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile John Garcia Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, TRANSPORTATION ADVISORY COMMISSION Street Address Suite or Apt City District 1 What district do you live in? Primary Phone Alternate Phone slow COMFORT SUITES DIRECTOR OF SALES Employer Job Title 1814 ENNIS JOSLIN ROAD Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State State Postal Code John Garcia Page 1 of 5 78412 Work Address - Zip Code 361-991-7100 Work Phone johngarciasales@gmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? f7 Yes r No Current resident of the city? Yes r No 40 If yes, how many years? GARCIA.pdf Upload a Resume Please upload any additional supporting documents Demographics John Garcia Page 2 of 5 Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree John Garcia Page 3 of 5 Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Economic Development / Tourism Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Hotel Industry Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes c No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you transportation disadvantaged? Yes No John Garcia Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? r; Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? Yes r No Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Yes r No John Garcia Page 5 of 5 JAN -06-2015 06:44 From: To:8263113 John Garcia John Garcia has been active in the hospitality industry for 19 %ears. 13o Christi, Garcia's first opportunity arose when he started at the Rama Conference Center in 1997: 1 his experience adds supplemental familia sales, hospitality, and strong contmunit3 xnvoltiement Dunng his first 6 y he became a member of numerous orga�uzations: Corpus Christi Ch (Ambassador), Corpus Christi Hispanic Chamber (Lmbajador). Hospi Association (Vico President. 2004) (HSMA Member of the Year 2004 Festival (Committee member) Dress for Success Volunteer; Transportatio Board member; NAACP Banquet Committee member. Corpus Christ Association member, Girl Scouts of South Texas; Westside Business As the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the Carnegie. Garcia's experience as Sales Manager gave him an opportunity industry. In June 2003. he became Director of Sales & Marketing at the R Hotel on McBride Lane and Interstate 37. In April 2005 an opportunity Christi Convention Visitor Bureau as Destination Sales Manager for the s for the city. Is currently Director of Sales for a couple hotels in the great • John holds a great appreciation for the power of community, and his cant support is evident in his work performance Page:2'6 and raised in Corpus a Inn Bayfront & ity with conventions ars at the Ramada Inn. ber of Commerce city Sales Marketing . and Harbor Lights Advisory Committee Greater Hospitality ociation member and estigious Dale o advance in the hotel ada Limited Airport arose at the Corpus orts & Mexico market r Corpus Christi area. nued involvement and BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 20, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile John Prefix First Name Email Address D McMullan P.E. Middle Initial Last Name Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, TRANSPORTATION ADVISORY COMMISSION, WATER RESOURCES ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Urban Engineering Project Engineer Employer Job Title 2725 Swantner Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State John D McMullan P.E. Page 1 of 5 78404 Work Address - Zip Code 361-854-3101 Work Phone dougm@urbaneng.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not currently serving on a City Board or Commission. Served on the Zoning Board of adjustment from 2010 to April 2016. Education, Professional and/or Community Activity (Present) Bachelor or Engineering, Civil Engineering. Currently representing the Corpus Christi Branch the American Society of Civil Engineers as the Texas Section Director. Registered Voter? cYes No Current resident of the city? Yes r No 20 If yes, how many years? Resume Doug McMullan2.pdf Upload a Resume Please upload any additional supporting documents Demographics John D McMullan P.E. Page 2 of 5 Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 14 I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree John D McMullan P.E. Page 3 of 5 Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * V Engineer Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? cYes No John D McMullan P.E. Page 4 of 5 Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Residential Customer and Home Owner of City's Water System John D McMullan P.E. Page 5 of 5 J. Douglas McMullan, P.E. Project Engineer Engineering Experience Urban Engineering, Project Engineer (2011 to Present) Freese and Nichols, Project Engineer (2008 to 2011) Urban Engineering, Project Engineer (1997 to 2008) Ainley & Associates, Ltd., Project Engineer (1995 to 1997) Barrie Inspection & Testing Field Engineer (1994 to 1995) Henderson Paddon & Assoc, Ltd., Engineering Technician (1987 to 1992) During his eighteen years as a project engineer Mr. McMullan has provided design and project management services on water/wastewater utility, wastewater treatment, street rehabilitation and environmental projects. Mr. McMullan has prepared fee proposals, negotiated with clients and facilitated the design, bidding and construction administration of projects. Mr. McMullan has also prepared the scope of services for electrical, geotechnical, structural and environmental sub- consultants and negotiated contracts with them to undertake the work. Mr. McMullan has provided direction to drafting and technical leads in the design and preparation of contract documents. He has supervised the preparation of permit applications for TxDOT, USACE, TGLO, TPDES (wastewater discharge), re -use of treated effluent and air emissions. Through his design and project management experience Mr. McMullan has assisted many clients in realizing their project goals in an economical and efficient manner. Selected Major Projects Water: • Padre Island Water Line and Gas Line Extension Phase 2 (E10172), Project Manager • Padre Island Water Supply Improvements Phase 1 (E10172), Project Manager • Valero Three Rivers Water Supply Improvements • Harbor Island Water Supply Improvements, Project Manager • Staples Street Pumping Station New 10 MGD Pumps (E12004), Project Manager • City Wide Water Distribution System Repair and Replacement IDIQ Procurement (8610), Project Manager • Southside Water Transmission Main Phases 2through 6, Project Engineer/Project Manager Wastewater: • Park Road 22 Lift Station and Force Main, Project Engineer, Project Manager • City -Wide Wastewater Collection System R & R IDIQ, Project Manager • City of Corpus Christi - Arcadia Lift Station Odor Control, Project Engineer • Broadway Basin S50 -1/I and Rehabilitation Stage II, Project Manager • Broadway Basin Sanitary Sewer Evaluation Study, Project Manager • Broadway WWTP Basin Service Area Sewer Line Rehabilitation, Project Manager • City of Three Rivers -Treated Effluent Force Main, Project Engineer, Project Manager • City of Rockport Sanitary Sewer Rehabilitation, Project Manager LEURBAN ENGINEERING Experience 22 years Education Lakehead University — Thunder Bay, Ontario, Canada (1994) B.S. Engineering in Civil Engineering Registrations Licensed Professional Engineer, PE (2003), Texas Board of Professional Engineers Licensed Professional Engineer, P. Eng. (1998) Professional Engineers of Ontario, Canada Certification Registered as a Project Management Professional, PMP (2012) PMI Memberships American Society of Civil Engineers (2004) American Water Works Association (2017) Water Environment Federation (2008- 2017) Project Management Institute (2010) Civic Volunteering City of Corpus Christi, Zoning Board of Adjustment (2010- 2016) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 06, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Lyndon E Smiling Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, ELECTRICAL ADVISORY BOARD, OIL AND GAS ADVISORY COMMITTEE, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, TRANSPORTATION ADVISORY COMMISSION, WATER RESOURCES ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Sikorsky Aircraft Operations Manager Employer Job Title 308 Crecy Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Lyndon E Smiling Page 1 of 5 78419 Work Address - Zip Code Work Phone lyndon.e.smiling@lmco.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Human Relations Commission Education, Professional and/or Community Activity (Present) BS Technical Management MS Management Supply Chain and Logistics MS Project Management Project Management Professional (PMP) Registered Voter? Yes No Current resident of the city? Yes r No 16 If yes, how many years? Smiling Aug 2016 rev 1.docx Upload a Resume Please upload any additional supporting documents Demographics Lyndon E Smiling Page 2 of 5 Other Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Lyndon E Smiling Page 3 of 5 Board -specific questions (if applicable) Question applies to ELECTRICAL ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Not Connected with Electrical Industry Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Not Connected with Oil and Gas Well Industry Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? r'Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Lyndon E Smiling Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? r1° Yes c No Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? c Yes r: No Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * TW Residential Customer and Home Owner of City's Water System Lyndon E Smiling Page 5 of 5 Lyndon E.K. Smiling E'M Summary of Qualification: • Over 30 years of military materials management and control experience that includes maintenance and accountability of multi-million dollar inventories. • 10 years of experience in Project Management. • Computer literate: Windows 10, MS Office Suite, MS Project, IFS ERP system • Documented history of sustained, superior work performance. Key Attributes: Management/Supervision Instructor Specialized Databases Financial/Accounting Work Experience Budgeting Data Management/Reporting Shipping/Receiving Procurement Inventory Control October 2012 -Present: Sikorsky Aircraft Operations Manager: Responsible for the coordination of the Materials, Technical support and Engineering teams for Sikorsky Aircraft's Technical, Engineering, Logistics Support and Services (TELSS) contract with Army Material Command for the Corpus Christi Army Depot(CCAD). Assists the CCAD Program Manager in managing all business activities associated with the Technical, Engineering, and Logistic goals in accordance with established metrics for the H-60 components and airframes contracted for the partnership. I assist in the management of process improvement, production material and material support services, information technology, and warehousing activities for the program. I work closely with the Program Manager and the Material Planning and Control Manager on all aspects of the TELSS contract, from contract award to the end of the contract period of performance, encompassing the coordination and/or support of the Program Operating Plan, Program Implementation Plan, and Program Execution Plan. Other responsibilities include: - Management of the day-to-day operations for the Sikorsky on-site teams. - Coordination and monitoring the work of the departments involved in production, warehousing, and distribution. - Participate in all CCAD Operations / Production meetings. - Actively manage all (Sikorsky on site) Facility, Manpower, Production Systems, Production Scheduling, and Production Performance initiatives as they pertain to the execution of this contract and its schedules. - Actively manage daily Sikorsky production operations meeting to identify material shortages and aircraft status - Contribute to short and long-term organizational planning and strategy as a member of the program management team - Manage and increase the effectiveness and efficiency of support services through improvements to each function as well as coordination between support and business functions February 2010 -October 2012: Derco Aerospace Inc. Director of Logistics Programs: Represents and advocates for the organization, bringing an understanding to and developing, articulating and facilitating an agenda for the promotion and marketing of the corporation. Responsible for the management and execution of multiple logistics programs. Acts as liaison between cross -contract entities, customer and corporate interests. Led Derco Logistics team to AS 9120 Certification, VPP Star Certification and ACE Bronze compliance. Oversaw the material forecasting and supply chain management for T34/44 aircraft and UH -60 Blackhawk components. Ensured supplier compliance to the United Technologies Corporation Quality Standard. I was responsible for a 25% increase in revenue for the CCAD program. November 2003 -February 2010. Derco Aerospace Inc. Project Manager: Through various projects and roles, coordinated the efforts of the warehouse team to ensure timely and efficient receipt, storage, picking and delivery of Blackhawk Helicopter parts in support of the recapitalization of Sikorsky's Blackhawk Helicopter and components at the Corpus Christi Army Depot. Responsible for the forecasting, purchasing and overall supply chain management of the materials required for the overhaul of 23 unique Blackhawk Components managed by Derco Aerospace. Critical shortages were reduced from 30% to less than 0.1%. May 1983 -October 2003. United States Navy. Aviation Repairables Manager: Directly responsible for maintaining 100% inventory accuracy and stock levels at various duty stations in the Continental United States, Overseas and shipboard locations. Skills: • Continuous Improvement: Qualified Associate of United Technologies Corporation ACE operating system. • Leadership: Lead several diverse teams and departments with successful results. • Project Manager: Project Manager for the successful implementation of SAP in the warehouse • Software Integration Team: Key player in the implementation of ERP upgrades • Database Administrator: Maintained data integrity of specialized Naval shipboard supply systems database. Performed weekly backups and reviewed output products for accuracy. Education/ Training • Project Management Institute (PMI). —Certified Project Management Professional (PMP). • Embry -Riddle Aeronautical University. —MS Project Management. • Embry -Riddle Aeronautical University. —MS Management. (Logistics and Supply Chain) • Embry Riddle Aeronautical University. —BS Technical Management. Magna Cum Laude • Saint Michael's College, Belize City, Belize. -High School Diploma AGENDA MEMORANDUM Future Item for the City Council Meeting of March 28, 2017 Action Item for the City Council Meeting of April 11, 2017 DATE: March 28, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Division Kim B2(a�cctexas.com (361) 826-3169 Supply Agreement for Sodium Bisulfite for the Wastewater Treatment Plant CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Southern Ionics, Inc., of West Point, Mississippi for the purchase of Sodium Bisulfite ("chemical") in response to Request for Bid No. 1026 based on the lowest, responsive, responsible bid for a total amount not to exceed $372,677.81, with an estimated expenditure of $155,282.42 in FY2016-2017 and funded by the Wastewater Fund. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the supplier and the City Manager or designee. PURPOSE: This item is to approve a supply agreement for Sodium Bisulfite for the Utilities Department. BACKGROUND AND FINDINGS: Sodium Bisulfite is used for de -chlorination of wastewater. In January of 2017, the Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bids and one no bid, out of 37 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Southern Ionics, Inc., of West Point, Mississippi. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department — Wastewater FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,283,469.74 $217,395.39 $2,500,865.13 Encumbered / Expended Amount $1,534,614.42 $0.00 $1,534,614.42 This item $155,282.42 $217,395.39 $372,677.81 BALANCE $593,572.86 $0.00 $593,572.86 Fund(s): Wastewater Comments: The initial contract term total is $372,677.81, of which $155,282.42 will be funded in FY2016-17. The total estimated contract value will be $1,118,033.43 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Lydia Juarez BID TABULATION BID EVENT NO. 1026 Sodium Bisulfate for the Wastewater Treatment Plant Southern Ionics, Inc. West Point, Mississippi Gasochem International, LLC Houston, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE ITEM DESCRIPTION Unit QTY 1 Broadway Plant LB 235,737 $0.1867 $44,012.10 $0.285 $67,185.045 2 Oso Plant LB 1,384,591 $0.1867 $258,503.14 $0.285 $394,608.435 3 Allison Plant LB 240,000 $0.1867 $44,808.00 $0.285 $68,400.000 4 Laaguna Madre Plant LB 113,040 $0.1867 $21,104.57 $0.285 $32,216.400 5 Unloading Delay HR 50 $85.00 $4,250.00 $100.00 $5,000.000 TOTAL $372,677.81 $567,409.88 SUPPLY AGREEMENT NO. 1026 Sodium Bisulfite for the Wastewate Treatment Plants THIS Sodium Bisulfite for the Wastewater Treatment Plants Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Southern Ionics, Inc. ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Sodium Bisulfite in response to Request for Bid No. 1026 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. 1. NOW, THEREFORE, City and Supplier agree as follows: Scope. Supplier will provide Sodium Bisulfite in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $372,677.81, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 7 under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: 361-826-1649 Email: JoannaM@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 7 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Contracts/Funds Administrator, Utilities Department 2726 Holly Rd. Corpus Christi, TX 78415 Fax: 1-361-826-1715 IF TO SUPPLIER: Southern Ionics. Inc. Attn: Khristy D. Todd Manager Corporate Administration P.O. Box Drawer 1217 579 Commerce Street West Point, MS 39773 Fax: 662-495-2590 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 7 THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 7 SUPPLIER Signature: 0. -t--(t(4_, Printed Name: Kill C 1 51-1 O Todei Title: VG(,] .Abtirl Date: — D-11 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1026 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 7 Attachment A: Scope of Work 1.1 General Requirements/Background Information A. The Supplier shall provide Sodium Bisulfite as outlined in this Scope of Work. The Supplier shall provide 38- 44 % Sodium Bisulfite Solution as outlined in this Scope of Work which will be used at the City of Corpus Christi Wastewater Treatment Plants. B. This chemical is used for dechlorination of wastewater and must conform to all the requirements of this specification. 1.2 Scope of work A. The Supplier must provide an affidavit of compliance to City of Corpus Christi, stating that at the time of delivery the chemical furnished under the release order complies with all applicable requirements of this specification. B. The Bidder shall have the proper trucks, equipment, compressors to offload the chemical. The City will not supply this equipment, so it is inherent for the Supplier to have the proper offloading equipment. C. Safety Data Sheet (SDS) must be furnished. MATERIAL REQUIREMENTS: The Sodium Bisulfite Solution (Aqueous) delivered under this agreement will meet the following specifications: Item Weight Sodium bisulfite concentration 38 - 44% Sodium sulfite concentration < 1% Sodium sulfate concentration < 2% PH 3.5 - 5.0 DELIVERY AND WEIGHING REQUIREMENTS: 1. Delivering and off-loading of chemical must be in accordance with OSHA and industry standards. 2. Shipment sizes will average approximately 4000 to 5000 gallon lots. Each chemical shipment must be weighed on state a certified truck scale located within the city limits of Corpus Christi before delivery to and after unloading at the wastewater treatment plants. Page 1 of 5 RFB Template 10.10.16 3. The chemical Supplier shall be responsible for mailing a legible copy of each chemical shipment weight "ticket" to the respective City of Corpus Christi Contract Administrator within 5 working days of delivery of the chemical. Payments to the chemical Supplier will not be processed unless this requirement is met. 4. Deliveries shall be made between 8:00 a.m. to 4:00 p.m., Monday through Friday excluding holidays unless otherwise instructed by Contract Administrator or designee. Contract Administrator or designee may request weekend deliveries from 8:00 am. to 12:00 pm. with prior arrangements. The supplier shall notify the Contract Administrator or designee by email and telephone at least 24 hours prior to delivery of product so that a Contract Administrator or Designee may be on site when the delivery is made. Shipments arriving at times other than those above cannot be off-loaded until the specified unloading times, unless prior arrangements have been made with the Contract Administrator or their designee. 5. The successful bidder will deliver the amount of sodium bisulfite solution ordered within twenty-four (24) hours of order placement. Orders will be placed by telephone and/or email. 6. The City will not be responsible for any demurrage charges which result from deliveries arriving at any other than the specified time, or from transporters' failure to have all required off-loading equipment present and operating when off- loading is scheduled to begin. A City Representative must be present and sign/date delivery ticket(s); any tickets presented to the City for payment without City Representative signature and date may be denied for payment (All tickets must be original- no faxes accepted). Any unloading delays, which are directly attributable to the City, will be paid for at the unit price bid for "Unloading Delays", rounded to the nearest quarter hour. This amount shall be included with the invoice for payment for that particular load of chemical. The frequency of deliveries is dependent upon the requirement of keeping an adequate inventory of Sodium Bisulfite in all tanks for the proper technical control of Wastewater Sodium Bisulfite. 7. The Supplier must provide a chemical analysis for each chemical shipment, and the chemical analysis must include percent sodium bisulfite concentration by weight, percent sodium sulfite concentration by weight, percent sodium sulfate concentration by weight, the specific gravity of the solution, and appearance of the solution. The Supplier must attach a copy of the form to be used for providing the results of this chemical analysis. Plant Supervisors, or their designated representatives, may take a sample of any chemical shipment for testing prior to unloading of the chemical. In addition, approximately every three months during the supply agreement, the City will take a random sample of the chemical upon Page 2 of 5 RFB Template 10.10.16 delivery. This sample will be sent to an independent laboratory chosen by the City, and tested for all items included in the section 1.2, C. "Material Requirements", for quality control purposes. 8. The Supplier must base billing and pay quantity for each chemical shipment on "local" certified weight tickets, as described above, for delivery of Sodium Bisulfite Solution, by weight in pounds, based on actual percentage of Sodium Bisulfite by weight, as indicated in the chemical analysis for that load, upon delivery. 9. The Contract Administrator may reject any chemical shipments that contain a concentration of any component outside the allowable concentration range as specified in the 1.2, C. "Material Requirements" section of this specification. 10. Deliveries shall be made in Supplier's company trucks and driven by a company driver and shall have the DOT permit and other State/Federal licenses, if applicable due to liabilities involved in case of accidental spills or other related problems. Drivers must be thoroughly trained and familiar with the related hazards, safety measures, and spill cleanup procedures for sodium bisulfite solution. In the event Supplier wishes to use a sub -contractor a properly licensed and permitted commercial carrier, the Contract Administrator or designee's prior written approval shall be required. All DOT permits and State/Federal licenses for the proposed commercial carrier shall be submitted with the request and any approval shall be limited to the commercial carrier whose DOT permit and State/Federal licenses are submitted. LOCATIONS AND CAPACITIES: Plant Address Unit of Issue (Gallons) Broadway 1402 W. Broadway 10,000 Oso 501 Nile 13,000 Allison 4101 Allison Dr. 10,000 Laguna Madre 201 Jester 10,000 Page 3 of 5 RFB Template 10.10.16 SPILLS: 1. All spills and leakage, regardless of size must be properly and immediately cleaned up by successful bidder's personnel. Supplier is required to respond to any and all such emergencies within eight (8) hours of being notified. 2. Spill clean-up must be conducted in accordance with all Federal, State and City regulations. 1.3 Work Site and Conditions 1. The work shall be performed at the locations provided in this document. 2. The Supplier must notify the Contract Administrator or designee when on site for delivery, maintenance or other work. 3. All PPE must be supplied and used by the Supplier and their employees while on site. 4. If damages to city equipment and/or a contract employee is injured when onsite, a Contract Administrator must be notified immediately. 1.4 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions 1. Prior to initial use of the sodium bisulfite solution, and annually thereafter, the Supplier shall conduct a minimum of two training seminars for City's operating personnel on application and control of the sodium bisulfite solution and shall, at a minimum, include the following: • Basic chemical properties of the sodium bisulfite solution • Safety training • Equipment operation/set up • Safety Data Sheet 2. Supplier will be responsible for OSHA requirements and to supply all Personal Protective Equipment (PPE) for their employees to ensure proper safety during deliveries or when working on equipment. Page 4 of 5 RFB Template 10.10.16 3. City's ownership of the Sodium Bisulfite Solution begins upon completion of unloading of the chemical at one of the City's Wastewater Treatment Plants. Unloading of the chemical is complete when unloading apparatus is disconnected from storage facilities and secured, and a designated City of Corpus Christi Wastewater Division representative has signed all delivery tickets for each respective load. Page 5of 5 RFB Template 10.10.16 Attachment B: Bid/Pricing Schedule Date : Bidder: CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No.1026, Sodium Bisulfite 7.-15-11 Sbuknem tonics PAGE 1 OF 2 Authorized Signature: ir4rfr ,/��,,w l 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 Broadway Plant LB 235,737 10"11.11 1 li�`�. SS 2 Oso Plant,LB 1,384,591 •01 ' "' 103.425.95 --... 3 Allison Plant LB 240,000 ,p'l 't'l 1'1.928.00 4 Laguna Madre Plant LB 113,040 601 41_ I, ytiiit• ai 5 Unloading Delay HR 50 l Ica 00 � 425.0 el- Total Total ii 161 IWO.5- RFB Template 10.10.16 Page 21 of 20 1 Di 41 s Ott IL . ,o. tg(Q1l ?er ail lb said Wet but(yrct94 >�t1 wav* n2 y u tvi case. Attachment C: Insurance Requirements I. SUPPLIER'S LIABILITY INSURANCE A. Supplier must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Supplier must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Supplier must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Suppliers 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer' s Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 POLLUTION LIABILITY (Including Cleanup and remediation) $1,000,000 Per Incident Limit $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Supplier must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Supplier must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Supplier is not domiciled in the State of Texas. B. Supplier shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Supplier's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Supplier shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Supplier agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Supplier shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Supplier's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Supplier's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Supplier to stop work hereunder, and/or withhold any payment(s) which become due to Supplier hereunder until Supplier demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Supplier may be held responsible for payments of damages to persons or property resulting from Supplier's or its subcontractor' s performance of the work covered under this contract. H. It is agreed that Supplier's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Utilities — Wastewater Treatment Plants Delivery of Sodium Bisulfite 03/16/17 sw Risk Management Attachment D: Warranty Requirements No warranty requirement is needed for this supply agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-174723 Date Filed: 03/06/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Southern Ionics Incorporated West Point, MS United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB 1026 Sodium Bisulfite RFB 1026 Sodium Bisulfite 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Sundbeck, Milton West Point, MS United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT }(swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. o �� .`�0 HARK/s'' .. L1414/11.14f0 . NOTARY PUBLIC _ Signature of au orized agent of contracting business entity ID No. 111010 7. My Comm. Expires .7 AFFIX NOTA14j57�1+�1� 1�9��2�gQ�`` .RC CEsca 1.•�/1,416 afrok Swor t nd subscrl�lliRt 0,9?the said f. �VIC 0 — ¶Od Ok , this the ly — day of VA 20 , to certify whicAi 1 witness my hand and seal of office. Hflvt naa Teal gnalure of officer administering oath Printed name of officer administering oath Title of officer administers th Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 28, 2017 Action Item for the City Council Meeting of April 11, 2017 DATE: TO: March 20, 2017 Margie C. Rose, City Manager FROM: Miles Risley, City Attorney milesr@cctexas.com (361)826-3361 Gilbert Sanchez, Risk Manager gilberts2@cctexas.com (361)826-3739 Motion authorizing renewal of property insurance. CAPTION: Motion authorizing the City Manager to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5th, 2017 -May 5th 2018) and policy years 2018-19 and 2019-20 in exchange for an annual premium in amounts not to exceed the total amount of original bid ($2,001,750) and further subject to the reduced premium of $1,952,914.52 for upcoming policy year, of which $797,217.16 is required for the remainder of FY 2016-2017. PURPOSE: Obtain property insurance for City -owned property. BACKGROUND AND FINDINGS: The City's Property Insurance Program currently carries property insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown. The City's Property Insurance Program is a multi -layered program comprised of participating admitted and non -admitted commercial carriers. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes other specialty insurance type risks including; wharves, docks, piers and fine arts. (The City also purchases through Carlisle flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A through the National Flood Insurance Program but is not included in this amount). Total Insured Values for Policy year 2017-18 are $707,244,943 (after schedule of value property update completed in January, 2017). The City awarded a Broker of Record contract to Carlisle Insurance Agency effective January 1, 2016. The City's Risk Management Division and Carlisle Insurance Agency have collaborated to present the below property insurance renewal. Continued favorable global conditions throughout the property market due to relatively low catastrophic events and several years of profitable reinsurance results have made this renewal possible approximately 2.5% lower than last year. The property summarized in the following table. insurance renewal is FY15-16 FY16-17 FY17-18 Renewal Total Insured Values $ $627,286,300 Property Rate (per $100 value) includes recommended option $0.4384 Premium $2,752,388 (primary/excess/equip Breakdown) Difference from 2015-16 Limits All Risk (excludes flood/Quake) Named Storm Flood/ Earth Movement All Risk $250,000,000 $150,000,000 $ 25,000,000 $696,422,133 $0.2875 $2,001,750 $707,244,943 (1.6% increase in values) $0.2761 (4% rate decrease) $1,952,915 $ 776,638 $ 48,835 (28% decrease from) (2.5% decrease) $250,000,000 $250,000,000 $150,000,000 $ 50,000,000 $150,000,000 $ 50,000,000 /P- l D D D Flood (storm surge included) Named Storm Wind/Hail Earth Movement $ 50,000 per occur. $100,000 per occur. 2% Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $250,000 any one occurrence and max. of $4,000,000 any one occurrence $250,000 per occur $100,000 per occur $ 50,000 per occur. $100,000 per occur. 2% of Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $100,000 any one occurrence and max. of $4,000,000 any one occurrence $50,000 per occur $50,000 per occur $ 50,000 per occur. $100,000 per occur. 2% of Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $100,000 any one occurrence and max. of $4,000,000 any one occurrence $50,000 per occur $50,000 per occur Optional Coverage Terrorism Total $ 1,952,915 Funds have been budgeted by the Legal Department in FY 2017-2018. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $797,217.16 $1,155,697.36 $1,952,914.52 BALANCE Fund(s): 5611- Liability/EB Liability, 1140- Business JobDev, 4710- VisitorFacility Fund Comments: Property insurance renewal. RECOMMENDATION: Staff recommend the City renew its property program as cited above with the same limits, sub - limits, policy terms and conditions current coverage limits, deductible structure, and policy terms and provisions. Further, Property renewals for Policy years 2018-19 and 2019-20 will be subject to automatic renewal based on the City's broker of record contract with Carlisle insurance agency. LIST OF SUPPORTING DOCUMENTS: Proposed Property Insurance Renewal Schematic AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 28, 2017 Second Reading Ordinance for the City Council Meeting of April 11, 2017 DATE: TO: February 24, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2601 Increasing revenue and expenditures for increased State fees for reimbursement of sexual assault examinations CAPTION: Ordinance appropriating $72,000 in General Fund No. 1020 from the reimbursement of forensic sexual assault examinations in the amount of $72,000, and changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $72,000 each. PURPOSE: Appropriate the funds to pay for the forensic costs associated with sexual assault examinations pursuant to articles 56.06 and 56.065, Texas Code of Criminal Procedure. BACKGROUND AND FINDINGS: As per State Law Texas Code of Criminal Procedure and the Office of the Attorney General (OAG), the City is required to pay for forensic sexual assault examinations of victims of alleged sexual assault and then submit for reimbursement from the OAG, Crime Victims' Compensation Program. Both Driscoll Children's Hospital and Doctors Regional submit requests to the Police Department for payment which we must verify and determine which charges we will pay (law enforcement is not required to pay any costs for treatment of injuries). Effective July 15, 2016, the amounts to be reimbursed to law enforcement agencies shall not exceed $1,000 which is an increase of $300 per claim. We average 20 claims per month or 240 annually. This translates to an additional $300 per case or $72,000 annually which will be paid to either Driscoll or Doctors Regional; the City will then submit a request for reimbursement to the OAG. This recommendation represents the same increase in both revenue and expenditures. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 72,000 72,000 BALANCE Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds by increasing revenue and expenditures in the General Fund No. 1020 by $72,000 each. LIST OF SUPPORTING DOCUMENTS: Ordinance State of Texas Sexual Assault Reimbursement Guidelines Ordinance appropriating $72,000 in General Fund No. 1020 from the reimbursement of forensic sexual assault examinations in the amount of $72,000, and changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $72,000 each. Whereas, the authorized amount of reimbursement from the Office of the Attorney General (OAG) for forensic sexual assault examinations of victims of alleged sexual assault has increased. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $72,000 from the reimbursement of forensic sexual assault examinations is appropriated in the General Fund No. 1020. SECTION 2. That the FY 2016-2017 Operating Budget adopted by Ordinance 030965 is changed to increase revenues and expenditures by $$72,000 in the General Fund No. 1020. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor Sexual Assault Reimbursement Guidelines Law enforcement agencies can apply for reimbursement for the forensic costs associated with sexual assault examinations pursuant to articles 56.06 and 56.065, Texas Code of Criminal Procedure. What is covered? The Crime Victims' Compensation Program will reimburse law enforcement "reasonable costs" associated with forensic sexual assault examinations of victims of alleged sexual assaults in an amount not to exceed $1000.00 in the aggregate for dates of crime on or after July 15, 2016. For dates of crime prior to July 15, 2016, the amount shall not exceed $700.00 in the aggregate. Reimbursement of reasonable costs is based on the Texas Department of Insurance, Division of Workers' Compensation Commission Medical Fee Guidelines. Law enforcement is not required to pay any costs for treatment of injuries. Expenses other than the actual costs for the sexual assault examination, such as treatment or diagnosis of a victim, are not allowable expenses and will not be reimbursed under this program, but may be compensable under a CVC claim or an Emergency Medical Care claim. (See Emergency Medical Care Reimbursements for more information on reimbursement for those costs.) What constitutes an examination? A sexual assault medical forensic examination consists of four parts: • History for the purpose of diagnosis and treatment • Detailed head -to -toe assessment for trauma • Detailed anogenital assessment for trauma; and • Forensic evidence collection as indicated by history and findings It is not necessary for ail four parts to be completed to be eligible for reimbursement. To be eligible for reimbursement of examiner fees, the medical provider who conducts the examination must at a minimum interact with the patient while initiating at least one part of the examination. For example: • This would include a medical provider or SANE who was called out to perform the examination and began the consent process and patient history, but was unable to begin any other assessments because the patient did not consent to further examination. • This would not include a patient no show. CVC will not reimburse law enforcement for: • Sexual assault examination of a suspected perpetrator • Laboratory analysis of victim's clothing, crime scene materials, or objects including weapons • Pharmacy, including take home drugs a• -id self-administered drugs • Paternity tests • Multiple examinations of the same victim for the same crime • Follow up Care or treatment for medical tVeatment • Travel Time How to Apply The law enforcement agency may seek reimbursement using the OAG Application for Reimbursement. The following are guidelines to provide further assistance in completing the OAG Application for Reimbursement: Complete all sections of the one-page application for reimbursement. • Include date of crime. • The verification section of the application must be signed by an appropriate representative of the law enforcement agency who has knowledge of the facts stated in the verification. • Incomplete applications will not be processed and will be returned to the law enforcement agency noting the reason the application is incomplete. Attach all bills associated with the requested sexual assault examination to the application. The bills should include the appropriate billing codes or itemization for individual charges. Include proof of payment, such as a copy of the check that shows the cost of the sexual assault examination has been paid by the law enforcement agency. Billing The maximum aggregate amount for which the OAG will reimburse a law enforcement agency for all costs associated with a forensic sexual assault examination of a victim will be: • $700.00 for dates of crime before July 15, 2016 • $1000.00 for dates of crime on or after July 15, 2016 For maximum reimbursement, submit itemized bills from the provider with individual charges listed for each service rendered. See the Standard Costs Associated with Examination for maximum reimbursement rates Sexual assault examiner and sexual assault nurse examiners (SANE) billing • A sexual assault examiner or a sexual assault nurse examiners (SANE) should bill the law enforcement agency his or her usual and customary charge for the examination on his or her standard billing form. • The bill must include a descriptive itemized statement of the services provided and be signed by a physician or licensed nurse practitioner. The OAG will determine the appropriate CPT/Revenue codes. Itemized medical services • Each cost associated with the medical services or procedures in a sexual assault examination must be itemized and, for services provided by a physician, should be identified with a five -digit Current Procedural Terminology (CPT) code. • The CPT code is a nationally accepted systematic listing which is published by the American Medical Association. CPT coding provides an accurate identification of services and procedures. • If there are no specific CPT codes for the medical services or procedures provided in the sexual assau't examination, CVC will accept a Revenue Code, or the CPT code for services or procedures that are comparable to those used in the sexual assault examination. Resubmission • If you feel payment of an audit was incorrect or are requesting a supplemental payment, bills may be submitted to CVC for further review. • Copies of the original bill with the original OAG claim number, original explanations of benefits, and a new itemized bill and reason or explanation of resubmission must be attached to the request. • If after further review additional payments are needed, a supplemental warrant will be issued. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 28, 2017 Second Reading Ordinance for the City Council Meeting of April 11, 2017 DATE: TO: Margie C. Rose, City Manager March 1, 2017 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Appropriating funds from the State of Texas Law Enforcement Standards and Education (LEOSE) account CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $26,758.85; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $26,758.85 in the No. 1074 Police Grants Fund for training of police personnel and purchase of training equipment. PURPOSE: Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel as well as training equipment. The funds must be appropriated annually when the check is received. BACKGROUND AND FINDINGS: The funds are received from the State as directed by Government Code, Section 415.0845, to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel and any training equipment. The amount of funds received depends on the number of personnel we have as of January 1 of each year. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $26,758.85; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $26,758.85 in the No. 1074 Police Grants Fund for training of police personnel and purchase of training equipment. 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 funds from the State of Texas- Law Enforcement Officer Standards and Education Account in the amount of $26,758.85. SECTION 2. That $26,758.85 is appropriated in the No. 1074 Police Grants Fund for training of police personnel and purchase of training equipment. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor �.w+Kalr TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 • Austin,TX 78711-3528 February 24, 2017 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI, TX 78469-9016 Vendor Number: 17460005741 051 A remittance of $26,758.85 has been direct deposited into your designated account for the Law Enforcement Officer Standards and Education (LEOSE) Fund. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full-time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer, licensed jailer or telecommunicator on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2018, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2018 Allocation Basis form to us no later than April 28, 2017. The information provided on this form must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us toll free at (800) 531-5441, ext. 3-4530, if you have any questions or if we can be of assistance. The Austin number is (512) 463-4530. Enclosure Form 40-305 (Rev.8-1519) AGENDA MEMORANDUM First Reading for the City Council Meeting of March 28, 2017 Second Reading for the City Council Meeting of April 11, 2017 DATE: March 9, 2017 TO: Margie C. Rose, City Manager THROUGH: Keith Selman, Assistant City Manager Keithse@cctexas.com (361) 826-3232 FROM: Jay Ellington, Director of Parks & Recreation Jayell@cctexas.com 361-826-3041 Rudy Betancourt, Director of Housing & Community Development Rudyb@cctexas.com (361) 826-3021 Donation of Surplus City Properties to Habitat for Humanity CAPTION: Ordinance authorizing the conveyance of property located within the city at 1906 Lipan Street, 1910 Lipan Street and 1914 Lipan Street to Habitat for Humanity for construction of single-family affordable housing, subject to specified conditions; authorizing the City Manager or designee to execute all necessary documents related to the transactions; and providing for severance. PURPOSE: This item seeks to support the community by providing surplus City property to a qualified affordable housing organization. BACKGROUND AND FINDINGS: In accordance with Chapter 253 of the Texas Local Government Code, the City of Corpus Christi may by ordinance provide for the manner in which any land acquired by the City may be sold to a qualified corporation if reasonable conditions are imposed and met. The City has determined that Habitat for Humanity — Corpus Christi, Inc. qualifies as a nonprofit organization that develops housing for low-income individuals and families as a primary activity to promote community based revitalization of the municipality. The City desires to sell Three (3) particular parcels of land located at 1906, 1910, and 1914 Lipan Street to Habitat for Humanity for the development of affordable housing at a price of $10.00 per parcel. The City owned properties included in this item are currently identified as "surplus" and would better serve the community by being returned to the Tax Rolls as affordable housing. ALTERNATIVES: Do not allow this conveyance OTHER CONSIDERATIONS: Na CONFORMITY TO CITY POLICY: This item conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: City Attorney's Office Housing & Community Development Property & Land Acquisition FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA RECOMMENDATION: Approve this ordinance which allows for the sale of surplus City property to a qualified non-profit organization for the purpose of developing affordable housing LIST OF SUPPORTING DOCUMENTS: Ordinance Affordable Housing Agreement — Habitat for Humanity Habitat Deed 1906 Lipan St. Habitat Deed 1910 Lipan St. Habitat Deed 1914 Lipan St. Letter of Request — Habitat for Humanity Map of Properties Ordinance authorizing the conveyance of property located within the city at 1906 Lipan Street, 1910 Lipan Street and 1914 Lipan Street to Habitat for Humanity for construction of single-family affordable housing, subject to specified conditions; authorizing the City Manager or designee to execute all necessary documents related to the transactions; and providing for severance. Whereas, it is the City Council's express intention and goal to support the creation, construction, and occupation of affordable housing available to low-income individuals and families within the City of Corpus Christi ("City"); Whereas, to advance the goal, the City Council has determined that particular parcels of municipally -owned land may be sold to qualified nonprofit corporations for the development of affordable single-family housing units so long as reasonable conditions are imposed and met; Whereas, in accordance with Section 253.010 of the Texas Local Government Code, the City Council may provide for the manner in which any land acquired by the city may be sold to a qualified nonprofit corporation; Whereas, the City has determined that Habitat for Humanity Corpus Christi, Inc., a Texas nonprofit corporation, ("Habitat") is a qualified nonprofit corporation pursuant to the provisions of Section 253.010 of the Texas Local Government Code; Whereas, the City desires to sell three parcels of land to Habitat, and Habitat desires to purchase the land from the City, for construction of single-family affordable housing on each parcel; and Whereas, the City agrees to convey the land to Habitat, and Habitat agrees to accept the land, subject to the imposition of reasonable terms and conditions set out in the conveyance documents. 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 necessary documents related to the purchase of a parcel of land by Habitat for Humanity Corpus Christi, Inc. ("Habitat"), in exchange for the payment of $10, and subject to the imposition of reasonable terms and conditions upon Habitat in the conveyance documents including, but not limited to: (a) a restriction that limits development of structures on the land to single-family housing and only those structures that meet the definition of "affordable housing," as the term is defined under federal law, available for purchase by low-income individuals and families; (b) a reversion clause in the City's beneficial favor, as a condition to be met by Habitat subsequent to the conveyance, requiring completion of construction and occupancy of the structure within 24 months of conveyance; and (c) a restriction against the re -conveyance of the land by Habitat at a price in excess of the acquisition price. Furthermore, subject to the above stated terms and conditions, the City Manager or designee is authorized to convey the following specific parcels of real property: (1) Lot 8A, Block 4, Brennan Addition, Corpus Christi, Nueces County, Texas and known by its physical address as 1906 Lipan Street, located within the city of Corpus Christi, Texas; (2) Lot 7A, Block 4, Brennan Addition, Corpus Christi, Nueces County, Texas and known by its physical address as 1910 Lipan Street, located within the city of Corpus Christi, Texas; and (3) Lot 6A, Block 4, Brennan Addition, Corpus Christi, Nueces County, Texas and known by its physical address as 1914 Lipan Street, located within the city of Corpus Christi, Texas. Section 2: If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision of this ordinance be given full force and effect for its purpose. Section 3: A copy of the executed documents shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of 2017. ATTEST: Rebecca Huerta Mayor City Secretary AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND HABITAT FOR HUMANITY CORPUS CHRISTI, INC. 1. Agreement for New Construction of Affordable Housing. This agreement ("Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Habitat for Humanity Corpus Christi, Inc. ("Habitat") is executed to implement the promotion and development of affordable infill housing within the City. 2. Effective Date. The effective date of this Agreement is the date on which the last party executes this Agreement. 3. Term. The term of this Agreement extends twenty-four (24) months from the effective date. 4. Habitat's Responsibilities. a. Habitat shall complete construction of three (3) new single-family houses in Corpus Christi, Texas, and offer the houses for sale as affordable housing, as that term is defined in Title 42 of the United States Code, Section 12745. b. Habitat shall recruit qualified homebuyers for housing ownership for homes to be constructed as affordable housing pursuant to this Agreement. Habitat shall ensure that each homebuyer's family qualifies as a low -to -moderate income family in accordance with federal, State and City housing laws, rules and regulations. c. All construction work must be performed in a workmanlike manner and in accordance with the current applicable housing standards and local codes. d. The houses must be certified to meet Texas Department of Insurance windstorm requirements. Additionally, the houses must be constructed to meet the requirements of the International Energy Conservation Code. e. Habitat shall not use any City issued federal funds in performance of Habitat's responsibilities specified in this Agreement. 5. City's Responsibilities. a. Three parcels of land owned by the City will be sold to Habitat for construction of the three (3) new single-family houses specified in this Agreement and are identified as follows: (1) 1906 Lipan St., Brennan Addition, Lt 8A, Blk 4; (2) 1910 Lipan St., Brennan Addition, Lt 7A, Blk 4; and (3) 1914 Lipan St., Brennan Addition, Lt 6A, Blk 4. b. As an incentive to increase affordable infill housing within the City, the three lots sold to Habitat will be deeded for an amount up to $10 in order to reduce the cost of the total purchase price of the house. Once housing is constructed and completed, the lot may not be re -conveyed to a purchaser at a value exceeding the cost of the initial conveyance to Habitat. This transaction is subject to the imposition of reasonable terms and conditions in the conveyance documents including but not limited to: (1) A restriction that limits development of a structure on the property to single-family housing and only those structures that meet the definition of "affordable housing," as defined under federal law, available for purchase by low -to -moderate income individuals and families; and (2) A reversion clause in the City's beneficial favor, as a condition to be met by Habitat subsequent to the conveyance, requiring completion of construction and occupancy of the structure within 24 months of conveyance. c. As an additional incentive to increase affordable infill housing within the City the City agrees to waive building permit fees, inspection fees, water, wastewater and gas tap fees and provide up to two (2) roll -off containers at the City's actual cost during construction. Further, all utilities will be installed at the City's expense. d. City will convey the above identified properties as is, where is, with all faults; certifying only that there are no liens on the identified properties and the City is the current owner of the identified properties. City will pay closing costs associated with the sale of each identified property. Should Habitat want to obtain title insurance, Habitat will have the option to purchase it at it's sole cost. 6. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, 2 subdivision, clause, provision, phrase, and word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Program Agreement automatically. 8. Compliance with Laws. Habitat shall comply with all applicable federal, State, and City laws, rules, and regulations which may be relevant to Habitat's performance under this Agreement. 9. Jurisdiction and Venue. a. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was entered into and must be performed. 10. Acknowledgment and Construction of Ambiguities. The parties expressly agree that each has independently read and does understand this Agreement. By Habitat's execution of this Agreement, Habitat agrees to be bound by the terms, covenants, and conditions contained in this Agreement. Any ambiguities in this Agreement may not be construed against the drafter. 11. Notices. a. All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission, with proof of confirmed delivery. 3 c. All such communications must only be made to the following: If to the City: If to Habitat: City of Corpus Christi Attn: Assistant City Manager for Housing and Community Development P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3232 Office With a copy to: City of Corpus Christi Attn: Director Housing and Community Development Dept. P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3044 Office (361) 826-3005 Fax Habitat for Humanity Corpus Christi, Inc. Attn: Executive Director P.O. Box 3032 Corpus Christi, Texas 78463-3032 (361) 289-1740 Office (361) 289-1901 Fax d. Either party may change the address to which notice is sent by using a method set out above. Habitat shall notify the City of an address change within 10 working days after the address is changed. 12. Warranties. Habitat warrants and represents to the City the following: a. Habitat is a duly organized, validly existing entity in good standing under the laws of the State of Texas and has all authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Habitat has the authority to enter into and perform, and will perform, the terms of this Agreement. c. Habitat has timely filed and will timely file all local, State, and federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. The parties executing this Agreement on behalf of Habitat are duly authorized to execute this Agreement on behalf of Habitat. 13. Events of Default. The following events constitute a default of this Agreement: a. Failure of Habitat to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. 4 b. The City determines that any representation or warranty on behalf of Habitat contained in this Agreement or in any financial statement, certificate, report, proposal, or opinion submitted to the City in connection with this Agreement was incorrect or misleading in any material respect when made. c. Any judgment is assessed against Habitat or any attachment or other levy against the property of Habitat, with respect to a claim, remains unpaid, undischarged, or not dismissed for a period in excess of 30 days. d. Habitat has made an assignment for the benefit of creditors. e. Habitat has filed a petition in bankruptcy or is adjudicated insolvent or bankrupt. f. If taxes on property owned by Habitat become delinquent and Habitat fails to timely and properly follow the legal procedures to protest or contest. 14. Relationship of Parties. In performing this Agreement, the City and Habitat shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -ventures, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 15. Nonassignment. Habitat may not assign, mortgage, pledge, or transfer this Agreement or any interest contained in this Agreement without the prior written consent of the other party to this Agreement. 16. Disclosure of Interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Recipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit A, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. Habitat agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index 17. Certificate of Interested Parties. (Exhibit B). Habitat agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 5 18. Non-discrimination. Habitat may not discriminate nor permit discrimination against any person or group of persons on the grounds of race, gender, disability, religion, age, or national origin in any manner prohibited by the laws of the United States or the State of Texas. The City retains the right to take any action the United States or the State of Texas may direct to enforce this non-discrimination covenant. 19. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 20. Entire Agreement. This Agreement and the referenced and incorporated documents constitute the entire agreement between the City and Habitat for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to each party's required performance under this Agreement. (EXECUTION PAGE FOLLOWS) 6 CITY OF CORPUS CHRISTI Margie C. Rose City Manager Date: STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2017, by Margie C. Rose, the City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on it's behalf. NOTARY PUBLIC, State of Texas HABITAT FOR HUMANITY CORPUS CHRISTI, INC. Brooke LaClair President Date: STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2017, by Brooke LaClair, President of Habitat for Humanity Corpus Christi, Inc., a Texas nonprofit corporation, on behalf of the corporation. NOTARY PUBLIC, State of Texas EXHIBIT A CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See the definitions for the Disclosure of Interest in Section II - General Information. COMPANY NAME: MAILING ADDRESS: FIRM is: 1. Corporation 4. Association ( 2. Partnership 5. Other CITY: ZIP: 3. Sole Owner ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach a separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant CERTIFICATE: I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: 8 EXHIBIT B ATTACH FORM 1295 9 Habitat .rn for Humanity OFFICERS BROOKE L1CI.Auit Prrndrnt Cl IASIS MCROBI RTS bier-Prrtident BECKY Sr1LINAS Secretary A.J. RUSE Treasurer DIRECTORS Jj. BTNAVIDES EVAN DUND.15 MONIQUE ESP'INOSA JErr LI:1IRMAN STAN RU1 A BARBARA SWEENEY Executive Director P.O. Box 3032 Corpus Chnsn, TX 784r3 361-289-1740 www.corpuschrisrih fh.nrg @l•IFHo# orpus 301(c)3 74-2561743 February 23, 2017 Mr. E. Jay Ellington Assistant City Manager's Office City of Corpus Christi Dear Mr. Ellington On behalf of Habitat for Humanity Corpus Christi HFHCC) I am submitting this letter as an official request for the donation of property to HFHCC known as Block 4r Lots 6A, 7A, 8A, Brennan Addition. The vacant property is adjacent to land we already own Block 4, Lots 11& 12, and is also located across the street from the Habitat ReStore, 1901 Lipan Street. We will build three single family affordable homes on the property and a fourth home on the adjacent land we already own. Funds to build the FOUR affordable homes for low-income families has already been provided by Valero Energy Foundation and Mr Eugene Bouligny. We are currently in the process of finding families for each of the homes. Habitat partners with families in the low-income bracket, 30%-60% of the median area income to provide a hand up, not a hand out. The homes owners are required to complete 300-500 hours of sweat -equity helping to build the homes alongside volunteers. The homes are made affordable through the volunteer labor as well as, no interest 20-30 year mortgages financed by Habitat. Our mission of bringing people together to build homes, communities and hope is ready to spring into action to build these four affordable homes for low- income families, but we need the property so we can get started. Time is of the essence. We initiated the process to receive this donation in Spring of 2016 and have now reached a critical state where we must start building the homes but have not received the donated land from the city. We would greatly appreciate your swift action. Thank you for your support of the Habitat program in building strength, stability and self-reliance through affordable homes. Sincerely, Barbara Sweeney, Executive Director NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED DATE: , 2017 GRANTOR: CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation GRANTOR'S MAILING ADDRESS (including County): P. O. Box 9277 Corpus Christi, Texas 78469-9277 Nueces County, Texas GRANTEE: HABITAT FOR HUMANITY — CORPUS CHRISTI, INC., a Texas non-profit corporation GRANTEE'S MAILING ADDRESS (including County): P.O. Box 3032 Corpus Christi, Texas 78463-3032 Nueces County, Texas CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration. PROPERTY: The following described Land: Lot 6A, 7A, and 8A, Block 4, Brennan Addition, being a replat of Lot 5A, Block 4, Brennan Addition, such replat recorded in Volume 68, Page 640, of the Map Records of the City of Corpus Christi, the Land being first acquired under Document #759418 filed in the official records of Nueces County, Texas, and commonly known by the street addresses as 1906 Lipan, 1910 Lipan and 1914 Lipan, Corpus Christi, Nueces County, Texas. Together with and including all of Grantor's rights, title, and interest and in the rights and appurtenances in any way belonging or appurtenant to the Land, including without limitations: (i) any improvements on the Land; (ii) strips and gores, if any, adjacent or contiguous to the Land; (iii) any land lying in or under the bed of any street, alley, road, creek or stream running through, abutting or adjacent to the Land; (iv) any riparian rights appurtenant to the Land relating to surface or subsurface waters; and (v) easements, rights of ingress and egress, and prior reversionary interests benefiting or serving the Land (the Land and other appurtenant rights being referred to herein as the "Property"). 1 RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: The conveyance recited above is made and accepted subject to all presently valid restrictions, reservations, covenants, conditions, rights-of-way, easements, mineral leases, and royalty and mineral conveyances now outstanding and of record, if any, in Nueces County, Texas, affecting the above-described PROPERTY, as well as any restrictions, reservations, conditions, and covenants contained in this instrument. The sale of the Property is without minerals. GRANTOR reserves unto itself all of its right, title and interest, if any, in and to the oil, gas and other minerals in, on, or under the Property. IT IS EXPRESSLY UNDERSTOOD AND AGREED that the PROPERTY is burdened by a restriction, as a covenant running with the land, that limits development of structures on the PROPERTY to single-family housing and only those structures that meet the definition of "affordable housing," as such term is defined under applicable federal law. It is the intent of GRANTEE to construct a single-family residential structure on the PROPERTY. IT IS EXPRESSLY UNDERSTOOD AND AGREED that this conveyance shall be effective so long as the construction of a residential structure is completed by Grantee and the structure is occupied within twenty-four (24) months from the date hereof on the lot comprising the PROPERTY. If the construction of the residential structure is not completed and the structure is not occupied within twenty-four (24) months from the date hereof, all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in GRANTOR and GRANTOR'S successors and assigns without the necessity of any further act on the part of or on behalf of GRANTOR, it being the intent of GRANTOR to convey a determinable estate to GRANTEE. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR'S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR'S BEHALF, BUT IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. GRANTOR, for the CONSIDERATION and subject to the RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY, GRANTS, SELLS, AND CONVEYS to GRANTEE the PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE, GRANTEE'S successors and/or assigns forever. GRANTOR binds GRANTOR and GRANTOR'S successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the PROPERTY, except the RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY, to GRANTEE and GRANTEE'S successors and/or assigns against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through, or under GRANTOR but not otherwise. When the context requires, singular nouns and pronouns include the plural. 2 GRANTOR: CITY OF CORPUS CHRISTI By: Margie C. Rose, City Manager (FINAL PAGE FOLLOWS) THE STATE OF TEXAS COUNTY OF NUECES § § § THIS INSTRUMENT WAS ACKNOWLEDGED before me on the day of , 2017, by Margie C. Rose, City Manager, of the CITY OF CORPUS CHRISTI, a Texas home -rule corporation, on behalf of the corporation. Notary Public, STATE OF TEXAS ACCEPTED AND AGREED TO BY GRANTEE: HABITAT FOR HUMANITY — CORPUS CHRISTI, INC. By: Name: Title: THE STATE OF TEXAS COUNTY OF NUECES § § § THIS INSTRUMENT WAS ACKNOWLEDGED before me on the day of , 2017, by , (title), of HABITAT FOR HUMANITY — CORPUS CHRISTI, INC., a Texas nonprofit corporation, on behalf of the corporation. Notary Public, STATE OF TEXAS AFTER RECORDING RETURN TO: City of Corpus Christi Attn: Assistant City Manager for Housing and Community Development P. O. Box 9277 Corpus Christi, Texas 78469-9277 4 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 11, 2017 Second Reading for the City Council Meeting of April 18, 2017 DATE: February 28, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance - Rezoning property located at 1744 Rand Morgan Road (FM 2292) CAPTION: Case No. 0217-01 Carlos and Rhonda Garcia: A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. The property to be rezoned is described as a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas, located on the east side of Rand Morgan Road, between Good -Night Loving Trail and McNorton Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of a single-family home. RECOMMENDATION: Planning Commission and Staff Recommendation (February 9, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Vote Results For: 6 Against: 0 Absent: 3 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "RE" Residential Estate District to allow the construction of a single-family home. The proposed rezoning is consistent with the newly adopted Plan CC Comprehensive Plan. The property is appropriately located for low density residential uses. The rezoning is compatible with adjacent projects and character of the surrounding area. The rezoning is not anticipated to have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "RE" Residential Estate District is consistent with the adopted Future Land Use Map and the Port/Airport/Violet Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Carlos and Rhonda Garcia ("Owner"), by changing the UDC Zoning Map in reference to a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas from the "FR" Farm Rural to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Carlos and Rhonda Garcia ("Owner"), 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 on Wednesday, February 9, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District, and on Tuesday, April 11, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Carlos and Rhonda Garcia ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas, located on the east side of Rand Morgan Road, between Good -Night Loving Trail and McNorton Road (the "Property"), from the "FR" Farm Rural District to the "RE" Residential Estate District (Zoning Map No. 058046 ), as shown in Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entities. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0217-01 Carlos and Rhonda Garcia\Council Documents\Ordinance_0217- 01 Carlos and Rhonda Garcia.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0217-01 Carlos and Rhonda Garcia\Council Documents\Ordina nce_0217- 01 Carlos and Rhonda Garcia.docx Page 3 of 3 December 5, 2016 1.615 Acres out of a 58.07 Acre tract of land out of State Land Survey 416, also being known as the F.J. Picha Tract STATE OF TEXAS COUNTY OF NUECES FIELDNOTE DESCRIPTION of a 1.615 acre tract, out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, issued to AB & M., Abstract No. 838 and also being a portion out of Survey 500 by virtue of Certificate No. 88, Abstract No. 582 as issued to the Con. El Paso Irrigation and Manufacturing company, being situated in Corpus Christi, Nueces County, Texas, on Rand Morgan Road; also being known as the F.J. Picha Tract described in Deed recorded in Volume 326, Page 88, Deed Records, Nueces County, Texas, also being a portion of Share One and Share Four, set apart in Partition Deed dated September 3, 1923, to Alice L. Oliver and Fred Frank, recorded in Volume 142, Page 579, Deed Records, Nueces County, Texas; being the same property conveyed in Deed dated May 2, 1978, from Frank Picha and wife, Julia Picha to George Picha, recorded under Clerk's File No. 369574, Volume 1912, Page 901, Deed Records, Nueces County, Texas, said 1.615 acre tract being more particularly described by metes and bounds as follows: Commencing: At a 5/8" iron rod found in the Easterly Right -of -Way line of Rand Morgan Road; whence the original Southwest corner of said F.J. Picha 58.07 acre tract bears S 00° 00' 12" E a distance of 499.06 feet and N 89° 54' 00" W a distance of 40.0 feet for the Northwest corner of a 1.62 acre tract known as Bearden -Davis shown by map recorded in Volume 68, Page 448, Map Records, Nueces County, Texas, for the POINT OF BEGINNING, and the Southwest comer of this 1.615 acre tract of land; Thence: N 000 00' 12" W, along the East Right -of -Way of Rand Morgan Road, at 163.62 feet pass a 1" Iron Pipe, in all a distance of 166.12 feet to a point marked by a 5/8" Iron Rod found for an outside corner of a 25.63 acre tract recorded in Document No. 2010036915, Official Public Records, Nueces County, Texas, and for the Northwest corner of this tract of land ; Thence: S 89° 54' 00" E, with the common line of said 25.63 acre tract a distance of 423.58 feet to a 5/8" Iron Rod found for an inside corner of said 25.63 acre tract and the Northeast comer of this tract ; Thence: S 00° 06' 00" W, along a Westerly line of said 25.63 acre tract, a distance of 166.12 feet to a 5/8" Iron rod found for the Northeast corner of said Bearden -Davis 1.62 acre tract shown in map recorded in Volume 68, Page 448, Map Records, Nueces County, Texas, and for the Southeast corner of this tract; Thence: N 89° 54' 00" W, with the north line of said Bearden -Davis 1.62 acre tract a distance of 423.28 feet to the POINT OF BEGINNING, containing 1.615 acres of land, more or less. Written By: N Horacio Oliveira, RPLS# 1415 aeons rus r a 1008Nlalrt-LOVIWO TRAIT. LOCATION MAP SCALE: 1" = 2000' r#A 2 [It 211 a 1 1 McNORTON ROAD REFERENCE: DEED RECORDS RECORDED: VOL. 1912 PAGE 901 DATE: May 2, 1978 0 50' tD to 0 Found 5/8' I. Rod S 89' 54' 00" E 25.63 „f No• 201p03g615 sd Reeo u^LSe%os Oo Nuspes Goy 423.58' Fo4nd 1" I P -pe LOT 4 1.615 ACRES (70331.69 Sq. Ft) Document No. 2016012154 Official Public Records, Nueces County, Texan ` o 5/8" r. Rod N 89' 54' 00" W The undersigned does hereby certify that this survey was this day made, on the ground of the property legally described hereon, and is correct, and that there are no discrepancies, conflicts, shortages In area, boundary One conflicts, visible encroachments, overlapping of improvements, easements or apparent rights-of-way, except os shown hereon, and sold property hos access to and from a dedicated roadway, except os shown hereon. This day of November, 2016. HORACIO OUVEIRA, Registered Professional Land Surveyor TEXAS UCENSE No. 1415 (PLAT- N 89' 17' 34' E 423.28') 448. 1,62 % g6, PQ'1 Yo1V RfuseordntT teens ueees Cou SURVEY OF A 1.615 ACRE TRACT OUT OF THE ORIGINAL 58.07 ACRE TRACT OUT OF STATE LAND SURVEY 416, LAND SCRIPT No. 962, ALSO BEING KNOWN AS THE F. J. PICHA TRACT, CORPUS CHRISTI, NUECES COUNTY, TEXAS 423.28 Found [5/8' 1 Roe N tD O O tp O O O `Found 5/8' I. Rod SCALE: 1" = 50' DATE: Nov. 17, 2016 JOB No.: RANDMOR TITLE CO. GF# For: CARLOS GARCIA and RHONDA GARCIA OLIVEIRA LAND SURVEYING Registered Professional Land Su rveyors 3206 REID DRIVE—Suite 107 --CORPUS CHRISTI, TEXAS 78404 Telephone (361) 851-2774 — Fax (361) 851-2936 TBPLS Firm Registration No, 10108100 oI surveyi ng Og mail. c o m Aerial Overview N A Subject Property SUBJECT PROPERTY 2 PLANNING COMMISSION FINAL REPORT Case No. 0217-01 INFOR No. 17ZN1000 Planning Commission Hearing Date: February 9, 2017 Applicant & Legal Description Owner: Carlos and Rhonda Garcia Applicant/Representative: Tradewinds Consulting Group Legal Description/Location: Being a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas, located on the east side of Rand Morgan Road, between Good - Night Loving Trail and McNorton Road. Zoning Request From: "FR" Farm Rural District To: "RE" Residential Estate District Area: 1.615 acres Purpose of Request: To allow for the construction of a single-family dwelling. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "FR" Farm Rural Commercial Medium Density Residential North "RS -6" Single -Family 6 Vacant Medium Density Residential South "RE" Residential Estate Vacant Medium Density Residential East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "RS -4.5" Single -Family 4.5 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for Medium Density Residential uses. The proposed rezoning to the "RE" Residential Estate is consistent with the adopted Future Land Use Map and the Port/Airport/Violet Area Development Plan. Map No.: 058046 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 166 feet of street frontage along Rand Morgan Road (FM 2292) which is designated as a proposed "A2" Secondary Arterial Divided street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rand Morgan Rd. (FM 2292) "A2" Secondary Arterial Divided 100' ROW 54' paved 100' ROW 45' paved 7,451 ADT (2016) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RE" Residential Estate District to allow for the construction of a single- family home. Development Plan: The subject property is comprised of 1.615 acres and is proposed to be developed as a single-family home. Existing Land Uses & Zoning: The subject property is zoned "FR" Farm Rural. The property has been vacant land. To the north and east is a property rezoned to the "RS - 6" Single -Family 6 in May of 2016. Further to the east is a property that has remained "FR" Farm Rural to act as a buffer between the future residential neighborhood and the former Celanese Plant. To the west, across Rand Morgan Road (FM 2292), is a single- family residential neighborhood and the Tuloso-Midway Intermediate School. To the south is a vacant property zoned "RE" Residential Estate. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: Currently, the subject property is unplatted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The proposed rezoning to the "RE" Residential Estate District is consistent with the adopted Port/Airport/Violet ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Placing low intensity activities next to single family uses. (Policy Statement B.2). Staff Report Page 3 Department Comments: • The proposed rezoning is compatible with PIanCC and the Port/Airport/Violet Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. The potential rezoning would not have a negative impact upon the surrounding neighborhood as it would allow only the use of a single-family home. Planning Commission and Staff Recommendation (February 9, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Vote Results: For: 6 Opposed: 0 Absent: 3 Public Notification Number of Notices Mailed — 13 within 200 -foot notification area 2 outside notification area As of February 3, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0217-01 Carlos and Rhonda Garcia\Council Documents\CC Report_0217-01_Carlos and Rhonda Garcia.docx 'A' N O o 0 o N , , , , RS-6 C4 FR IN a a :'-q' N ti M ti J SUBJECT 1.... 7'7'7 )VERLAND 1 27 26 25 O ,,,ii= ....11 � •^ ti /PROPERTY / N N Z N n N Q N a 11 9 p o h $ CZ Z 47 S-4.5 M .s IND MORG) M m r3 M m12 RS-6 Ma 100 R E 13 h M 7 '� M M My , _ RS-4.5 FR I RS-6 CN-1 M 800 Feet RS-6 v h m m a n. Department Date °J Prepared of Development Created: 1/19/2017 By: JeremyMo Services 0 '" 400 CASE: 0217-01\�T�v ZONING & NOTICE AREA =,, RST -. 9rF , 3d 1 ��_� G1p�,f R„/ r--1 RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev. Overlay,SUBJECT ON Professional Office<• RS-10 Single -Family 10 RM-AT Multifamily AT RS-6 Single -Family 6 CN-1 Neighborhood Commercial RS-4.5 Single -Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercialy EstateCR-2 Resort Commercial RE Residential CG-1 General Commercial RP TH TPownhhouuse CG-2 General Commercial CI Intensive Commercial RV Recreational Vehicle Parktl CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park , y PROPERTY Fopq,o4a o - \ii w , \ �z6 \ \Z � \'ya�� A \ N AlL ��.\ A r �_ a No S �V \ City of Corpus FA 4 Owners _ attached Subject Property 0 Owners with 200' buffer in favor within 200' listed on v Owners ownership table A in opposition LOCATION MAPChristi 3NES. - \-" AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 11, 2017 Second Reading for the City Council Meeting of April 18, 2017 DATE: March 21, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 522 South Padre Island Drive (State Highway 358) CAPTION: Case No. 0317-01 Estate of W.R. Durrill: A change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. The property to be rezoned is described as being 1.823 acres out of 100 South Padre, Block 3, Lot 62, located on the north side of South Padre Island Drive (State Highway 358) between Investment Boulevard and Old Brownsville Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of a hotel. RECOMMENDATION: Planning Commission and Staff Recommendation (March 8, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG - 2" General Commercial District. Vote Results: For: 9 Against: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG -2" General Commercial District to allow the construction of a hotel. The proposed rezoning is consistent with the newly adopted Plan CC Comprehensive Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. The potential rezoning would not have a negative impact upon the surrounding businesses. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map and the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by the Estate of W.R. Durrill ("Owner"), by changing the UDC Zoning Map in reference to a 1.823 acres out of 100 South Padre, Block 3, Lot 62, from the "IL" Light Industrial to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of the Estate of W.R. Durrill ("Owner"), 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 on Wednesday, March 8, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District, and on Tuesday, April 11, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by the Estate of W.R. Durrill ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.823 acres out of 100 South Padre, Block 3, Lot 62, located on the north side of South Padre Island Drive (State Highway 358) between Investment Boulevard and Old Brownsville Road (the "Property"), from the "IL" Light Industrial District to the "CG -2" General Commercial District (Zoning Map No. 051041 ), as shown in Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entities. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-01 Estate of W.R. Durrill\Council Documents\Ordinance_0317- 01 Estate of W.R. Durrill.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-01 Estate of W.R. Durrill\Council Documents\Ordinance_0317- 01 Estate of W.R. Durrill.docx Page 3 of 3 LJA Engineering, Inc. 820 Buffalo St. Phone 361.887.8851 Corpus Christi. TX 78401 Fax 361.887.8855 TBPLS Firm Reg. #10016600 www rjaenglneeertng tom February 15, 2017 LJA Project No. C934-16014-1.003 EXHIBIT 'A' METES AND BOUNDS DESCRIPTION THE STATE OF TEXAS § COUNTY OF NUECES § 111 Field notes of 1.823 acres out of 100 South Padre, Block 3, Lot 62 (herein called "Lot 62B"), as recorded in Volume 66, Page 29 of the Map Records of Nueces County, Texas; and described by metes and bounds as follows: COMMENCING at a 5/8" iron rod with cap found at the southwest corner of Lot 62, Block 3, 100 South Padre on the north right-of-way of SH 358 (South Padre Island Drive); THENCE S 40°50'16" E along the south property line of Lot 62, Block 3, 100 South Padre and the north right-of-way of SH 358, a distance of 140.00 feet to a 5/8" iron rod with cap set at the southwest corner of Lot 62B for the POINT -OF -BEGINNING; THENCE N 49°09'44" E, a distance of 507.08 feet to a 5/8" iron rod with cap set on the north property line of Lot 62, Block 3, 100 South Padre and the south right-of-way of Enterprise Parkway, and the northwest corner of Lot 62B; from whence a 5/8" iron rod found at the northwest corner of Lot 62, Block 3, 100 South Padre bears North, a distance of 184.92; THENCE South along the south right-of-way of Enterprise Parkway, a distance of 28.45 feet to a 5/8" iron rod with cap found at the beginning of a curve to the left with a radius of 270.00 feet, a central angle of 36°01'42", and a tangent of 87.80 feet for a point of curvature and an angle corner of Lot 62B; THENCE in a southeasterly direction along said curve to the left, a distance of 169.78 feet to a 5/8" iron rod found at the northwest corner of Lot 63, Block 3, 100 South Padre (as recorded in Volume 66, Page 29 of the Map Records of Nueces County, Texas), the northeast corner of Lot 62, Block 3, 100 South Padre, and the northeast corner of Lot 62B; THENCE S 49°09'44" W along the west property line of Lot 63, Block 3, 100 South Padre, a distance of 421.76 feet to a drill hole in a concrete driveway on the north right-of-way of SH 358 at the southwest corner of Lot 63, Block 3, 100 South Padre, the southeast corner of Lot 62, Block 3, 100 South Padre, and the southeast corner of Lot 62B; from whence a 5/8" iron rod found at the southeast corner of Lot 63, Block 3, 100 South Padre bears S 45°05'11" E, a distance of 190.52 feet; Metes and Bounds Description February 15, 2017 Page 2 of 2 THENCE N 45°05'11" W along the north right-of-way of SH 358, a distance of 26.07 feet to a concrete highway monument found at an angle corner of Lot 62B; THENCE, N 40°50'16" W along the north right-of-way of SH 358, a distance of 149.45 feet to the POINT OF BEGINNING, containing 1.823 acres, more or less. The basis of bearings of this survey is the south line of the plat of 100 South Padre, Block 3, Lots 62, 63, and 64, as recorded in Volume 66, Page 29 of the Map Records of Nueces County, Texas. This Metes and Bounds Description is accompanied by a Survey Drawing of this tract titled Exhibit 'B', dated February 15, 2017. I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on the ground, under my supervision, till_ the 15th day of February, 2017. '• � Say 44/ •.. iC3 III P R4o' Registered Professional LayP. Surveyor Texas Registration No. 4471 60 150' 120• POINT -OF -BEGINNING SET 5/8° IRON ROD W/ CAP 171 0 P5117 = W N 0_ 0 a t- 0 O (.0 CONCRETE HIGHWAY MONUMENT FOUND GRILL HOLE W/ CROWS FOOT 0 z N Ll LOT 60 60'025' BILL BOARD EASEMENT (BY SEPARATE INSTRUMENT) POINT -OF -COMMENCING FOUND 5/8" IRON ROD W/ CAP ZONED "IDL" LOT 62A N 49'09'44" E 507.08' Z0NIED LOT 61 SET 5/8" IRON ROD W/ CAP FOUND 5/8" IRON ROD / / / / // / • 0 I, ALBERT E. FRANCO, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DRAWING WAS PREPARED FROM SURVEYS MADE ON THE GROUND UNDER MY SUPERVISION, AND THAT SAID BOUNDARY SURVEY IS CORRECT TO THE BEST OF MY KNOWLEDGE, THIS THE 15th DAY OF FEBRUARY, 2017. A. E. FrI Cd.••h4, s 44,71 (7,,e6/40.4O, AL ALBERT CO, R.P.471 TEXAS REGISTRAT N NO. 4471 REZONED LOT 62B (1.823 ACRES) 10' E.E. (BY SEPARATE INSTRUMENT) S 49°09'44" W 421.76' LOT 63 ZONED -CG-7 FOUND 5/8" IRON ROD W/ CAP NOTES. • 1. BASIS OF BEARING OF THIS SURVEY 15 THE SOUTH UNE OF THE PIAT OF 100 SOUTH PADRE, BLOCK 3, LOT 62, 63, AND 84, A5 RECORDED IN VOLUME 66, PAGE 28 MAP RECORDS OF NUECES COUNTY, TEXAS. 2. THE MINOR PLAT TO SUBDIVIDE LOT 62, BLOCK 3, 100 SOUTH PADRE INTO LOTS 62A AND 626, AS SHOWN ON THIS SURVEY DRAWING, IS ONGOING. 3. THIS SURVEY DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION OF THIS TRACT TITLED EXHIBIT 'A', DATED FEBRUARY 15, 2017. FOUND 5/8" IRON ROD PROPERTY UNE TABLE UNE BEARING DISTANCE L1 SOUTH 28.45' L2 N 45'05'11' W 26.07' PROPERTY CURVE TABLE CURVE CI RADIUS (R) LENGTH (L) DELTA ANGLE (0) TANGENT m CHORD BEARING (C8) CHORD LENGTH (CL) 270.00' 166.78' 36'01'42" 87.80' 5 18'00'51" E 167.00' N REVISION JA Engineering, Inc. 820 Buffalo Street Phone 361.887.8851 Corpus Christi, Texas 78401 Fax 361.887.8855 TBPE Firm Reg. # F-1386 TBPLS Firm Reg. #10016600 100 SOUTH PADRE, BLOCK 3, LOT 62B AS NOTED DRAWN BY: CEM APPROVED BY: AEF EXHIBIT 'B' SURVEY DRAWING 2-15-2017 JOB N0. 0834-18014-1.003 SHEET N0. 1 OF 1 Aerial Overview Subject Property PLANNING COMMISSION FINAL REPORT Case No. 0317-01 INFOR No. 17ZN1002 Planning Commission Hearing Date: March 8, 2017 Applicant & Legal Description Owner: Estate of W.R. Durrill Applicant/Representative: Robert Anderson Legal Description/Location: Being 1.823 acres out of 100 South Padre, Block 3, Lot 62, located on the north side of South Padre Island Drive (State Highway 358) between Investment Boulevard and Old Brownsville Road Zoning Request From: "IL" Light Industrial District To: "CG -2" General Commercial District Area: 1.823 acres Purpose of Request: To allow for the construction of a hotel. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "IL" Light Industrial Vacant Commercial North "IL" Light Industrial Vacant Commercial South "IL" Light Industrial Light Industrial Light Industrial East "CG -2" General Commercial Commercial Commercial West "IL" Light Industrial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for Commercial uses. The proposed rezoning to the "CG -2" General Commercial is consistent with the adopted Future Land Use Map and the Westside Area Development Plan. Map No.: 051041 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 175 feet of street frontage along South Padre Island Drive (State Highway 358) which is designated as a "F1" Freeway/Expressway and approximately 173 feet along South Enterprize Parkway which is designated as a Local/Residential Street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Padre Island Drive (SH 358) "F1„ Freeway/Expressway 400' ROW Varies paved 290' ROW 119' paved 4,290 ADT (2011) South Enterprize Parkway Local/ResidentialN/A 50' ROW 28' paved 70' ROW 45' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG -2" General Commercial District to allow for the construction of a hotel. Development Plan: The subject property is comprised of 1.823 acres and is proposed to be developed as a hotel. Existing Land Uses & Zoning: The subject property is zoned "IL" Light Industrial. The subject property has been vacant land. To the north are vacant properties zoned "IL" Light Industrial and a property that was rezoned to the "CG -2" General Commercial District in January of 2016 for the development of a hotel. To the east are three properties zoned "CG -2" General Commercial. The three properties consist of two hotels (La Quinta and Comfort Suites) and a restaurant (Burger King). To the west is a property zoned "IL" Light Industrial (Harley-Davidson Dealership), across South Padre Island Drive (SH 358) to the south, are various light industrial businesses and a convenient store. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: Currently, the subject property is under a replat to be subdivided into two lots. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Westside ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage compact as opposed to linear form commercial centers to provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways/exits can be designed to serve several businesses and right turns onto Staff Report Page 3 major streets can be encouraged. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The City should evaluate zoning districts where existing zoning should be changed to implement the Land Use Plan. (Policy Statement C.3). Department Comments: • The proposed rezoning is compatible with PIanCC and the Westside Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. The potential rezoning would not have a negative impact upon the surrounding businesses. Planning Commission and Staff Recommendation (March 8, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Public Notification Number of Notices Mailed — 7 within 200 -foot notification area 5 outside notification area As of March 3, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0317-01 Estate of W.R. Durrill\Council Documents\CC Report_0317-01_Estate of W.R. Durrill.docx OPPORTUNITY DR CG -2 SUBJECT j PROPERTY, RS -6 0 400 CG -2 800 o IL RS -6 w Dare Created: 2/20/2017 Prepared By: JeremyM DepaR ' nr ofDevelopmenr Services CASE: 0317-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -.6 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home nSubject Property with 200' buffer 4 Owners within 200' listed on attached ownership table Owners in favor vr Owners in opposition LOCATION MAP AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 11, 2017 Second Reading for the City Council Meeting of April 18, 2017 DATE: TO: March 22, 2017 Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Urban Transportation Plan Amendment — Deletion of Coverdale Street (Widgeon Drive) Between the Proposed CR 52 and Starlite Lane CAPTION: Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting the proposed extension of Coverdale Street (Widgeon Drive) between the proposed extension of County Road 52 and Starlite Lane; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: A "Collector" street provides access to local, other collector and arterial streets. The lowest order of "collector" street is designed to "collect" local residential street traffic and convey the traffic to strategic points on the arterial grid system. This ordinance will delete the extension of Coverdale Street (Widgeon Drive), a proposed Minor Residential Collector (01, 60' ROW), from the City's Urban Transportation Plan (UTP) Map. Note: Coverdale Street is platted with the name Coverdale Street, but street signage and addresses show the name of the street as Widgeon Drive. BACKGROUND AND FINDINGS: In August 2016, a property owner approached the City (Development Services) about obtaining a building permit for utility services for an unplatted tract of land described as being a portion of Lot 33 of the Nueces Gardens No. 2 subdivision for his private residence. The portion of Lot 33 would have to be platted before the City could issue a building permit. One of the platting requirements is the dedication of right-of-way and subsequent construction of the extension of Coverdale Street, in accordance with the City's UTP Map. The extension of Coverdale Street from Haven Drive to Starlite Lane was placed on the UTP in 2003. The extension of Coverdale Street is a logical extension of an existing street to help create an arterial/collector grid in a largely rural undeveloped portion of the City. The intersection of Coverdale Street with Starlite Lane would create an intersection approximately one-third mile from the Violet Road/Starlite Lane intersection, which meets the City standard for Collector Street spacing (0.25 miles to 0.50 miles). The northern portion of Coverdale Street extended from the proposed extension of County Road 52 to Starlite Lane would cut through a relatively narrow tract of land (a portion of Lot 33, Nueces Gardens No. 2 Subdivision). Provided that the owners of the portion of Lot 33 dedicated and improved the street, the remainder of land would be two tracts, one of which would only have a depth of about 30 feet by a length of 1,000 feet. The Staff position is that this extension would place a disproportionate burden of right-of-way dedication and construction on the owners of the portion of Lot 33. There have been no current traffic volume studies performed on Coverdale Street. However, the existing street segment of Coverdale Street is used mainly by the surrounding neighborhood traffic. The surrounding neighborhood is rural, spacious and agricultural in character. The Plan CC Future land use designates the area for medium density residential uses (4 to 13 dwelling units per acre; single-family to townhouse densities). City Staff (Traffic Engineering, Planning, and Development Services), the Transportation Advisory Commission and Planning Commission recommend the deletion of the proposed extension of (Coverdale Street/Widgeon Drive). Deleting this segment will not negatively impact mobility in the area. ALTERNATIVES: Denial of the proposed UTP amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: • Street Operations/Traffic Engineering • Planning • Development Services • Transportation Advisory Commission • Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: City staff recommends approval of this ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting the proposed extension of Coverdale Street (Widgeon Drive) between the proposed extension of County Road 52 and Starlite Lane; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Transportation Advisory Committee and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, December 14, 2016, and Wednesday, February 9, 2017, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, April 11, 2017, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by deleting the proposed extension of Coverdale Street, which is designated as a proposed 01 Minor Residential Collector with 60 feet of right-of-way and two travel lanes, between the proposed extension of County Road 52 and Starlite Lane, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 20 ATTEST: Rebecca Huerta Mayor City Secretary Page 2 of 3 Exhibit A . 0. 1p°� Sy9�`< Z STARLITE'LN�C II EX ■ ■ U A x Proposed Coverdale St Removal . j .A2. PR ..................... ..................... 4 ••. M .•4• Q . i NELON DR MALLARD DR WIDGEON DR WIDGEON DR, ... 0 400 B00 Feer HAVEN DR UTP Amendment Coverdale Street Removal LOCATION MAPh 114ri ./W City of Corpus Christi Page3of3 Urban Transportation Plan Amendment Deletion of Coverdale Street (Widgeon Drive) Between the Extension of CR 52 and Starlite Lane City Council Presentation April 11, 2017 Location Map Coverdale Street (Widgeon Drive) — proposed street to be deleted from the UTP 2 Proposed Plan Amendment ''• ./ Long narrow tract that N.,,,,,,,, wouldibe less than 30 feet ----- f if Coverdale is ... , nstructed .. '.-------STARLITE LN / ,. . CR 52 EXTENDED 4 ( NI Existing Coverdale Street Segment proposed for deletion Coverdale St.(Widgeon Dr.) North of Haven Drive Coverdale St.(Widgeon Dr.) UTP Shows Proposed Extension of Coverdale Street to the North Recommendation Transportation Advisory Commission, Planning Commission, and Staff recommend deletion of Coverdale Street (Widgeon Drive) as a proposed C1 Residential Collector between the extension of CR 52 and Starlite Lane. AGENDA MEMORANDUM Ordinance for the City Council Meeting of April 11, 2017 DATE: April 11, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd(a)cctexas.com (361) 826-1909 Lawrence Mikolajcyk, Director of Solid Waste Operations LawM c(�cctexas.com (361)826-1972 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Appropriating Funds for Purchase of One Peterbilt 320 Compressed Natural Gas (CNG) Recycling Truck CAPTION: Ordinance appropriating $219,000 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of one 2012 Peterbilt 320 compressed natural gas (CNG) recycling truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $219,000; authorizing the City Manager or designee to execute all necessary documents to purchase the recycling truck for $219,000 from Rush Truck Center, of New Braunfels, through the Texas Local Government Purchasing Cooperative dba Buyboard, for use by Solid Waste Operations; and declaring an emergency. PURPOSE: The purchase will enable the Solid Waste recycling fleet to increase spare equipment in order to accommodate both scheduled and unscheduled maintenance on these recycling vehicles. BACKGROUND AND FINDINGS: On March 3, 2017, a CNG powered recycling truck was destroyed by fire. Recycling collections requires 11 trucks per day, with one spare vehicle available currently. The purchase of truck in question will increase the recycling fleet's spare vehicles to two. Purchase of this additional vehicle significantly reduces the City's risk in recycling collection. Purchase of this 2012 unit is $219,000, which represents significant savings to the City. This is a new unit left in inventory that has never been titled by the dealership. Current cost of an equivalent 2017 unit is $328,000. ALTERNATIVES: The only option is to delay the purchase of the capital equipment until after the adoption of the FY 2017-2018 budget; however, the delay would negatively impact operations and increase risk in the ability of the Solid Waste Department to collect recyclables. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. This procurement is necessary because of unforeseen damage to public machinery, equipment or other property pursuant to Texas Local Government Code section 252.0222(a)(3) EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Fleet Maintenance Solid Waste Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $219,000 $0.00 $219,000 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $219,000 $0.00 $219,000 BALANCE $0.00 $0.00 $0.00 Fund(s): Maintenance Services Fund - 5110 Comments: N/A RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance appropriating $219,000 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of one 2012 Peterbilt 320 compressed natural gas (CNG) recycling truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $219,000; authorizing the City Manager or designee to execute all necessary documents to purchase the recycling truck for $219,000 from Rush Truck Center, of New Braunfels, through the Texas Local Government Purchasing Cooperative dba Buyboard, for use by Solid Waste Operations; and declaring an emergency. WHEREAS, the City has determined that the purchase of the truck is necessary in order to decrease the risk to collection operations due to the recent total loss by fire of another recycling vehicle; WHEREAS, the City Council finds that this expense is a procurement necessary to preserve or protect the public health or safety of the municipality's residents pursuant to Texas Local Government Code section 252.022(a)(2); and WHEREAS, the City Council finds that this expense is a procurement necessary because of unforeseen damage to public machinery, equipment or other property pursuant to Texas Local Government Code section 252.022(a)(3). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. SECTION 2. Funds in the amount of $219,000 are appropriated from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of one 2012 Peterbilt 320 compressed natural gas (CNG) recycling truck. The FY2016-17 operating budget adopted by Ordinance No. 030965 is amended to increase expenditures by $219,000. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary to purchase a recycling truck for $219,000 from Rush Truck Center, of New Braunfels, through the Texas Local Government Purchasing Cooperative dba Buyboard, for use by the Solid Waste Operations Department. SECTION 4. Upon the written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 11th day of April, 2017. Corpus Christi, Texas day of 2017 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Mayor The above ordinance was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1 2. DESCRIPTION 2012 Peterbilt 320 CNG Powered Recycling Truck BuyBoard Fee Purchase Cost: QTY 1 1 UNIT PRICE SHEET Rush Truck Center TLGPC BID 521-16 RUSH TRUCK CENTER New Braunfels, Texas UNIT PRICE EXTENDED PRICE EA EA $218,600.00 $400.00 $218,600.00 $400.00 $219,000.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 28, 2017 Second Reading Ordinance for the City Council Meeting of April 11, 2017 DATE: February 17, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director, Planning and ESI DanielMc@cctexas.com (361) 826-7011 London Area Wastewater Master Plan and Storm Water Master Plan CAPTION: Ordinance adopting the London Area Wastewater Master Plan, an element of the Comprehensive Plan; adopting the London Area Storm Water Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to recommend adoption of the London Area Wastewater and Storm Water Master Plans, encompassing 980 acres in the London area. A portion of this area is outside the City limits. BACKGROUND AND FINDINGS: Currently, the London Area is served by City water without access to the City's wastewater or storm water systems. The result has been a development pattern of large -lot residential developments of half -acre or greater size that utilize septic systems. Storm drainage for the developments has been addressed on a piecemeal basis without the benefit of an overall plan. The increased pace and densification of development in the London area are noticeable, with the expansion of the London School campus, a proposed Sports Park Project, TxDOT's improvements of Crosstown and Weber Road (CR 43), related commercial development, and multiple large -lot single-family projects. Adoption of these two master plans will allow the City to obtain right-of-way (ROW) and utility easements to expand each system through the platting process, and require future developments to design systems in a manner that creates an efficient City wastewater and storm water network necessary to serve the area. These two master plans are the first in a series of master plans to address areas south of Oso Creek. The London Area Wastewater and Storm Water Master Plans do not identify areas that will be annexed, address costs or reimbursement to developers for the construction of wastewater or storm water infrastructure, or set City policy related to growth. ALTERNATIVES: Denial of the proposed plans or plan. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed adoption of the London Area Wastewater and Storm Water Master Plans — South of Oso Creek conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department, Planning and ESI, Planning Commission (January 25, 2017) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None. RECOMMENDATION: Planning Commission and Staff recommend approval. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance with Exhibits A and B ORDINANCE ADOPTING THE LONDON AREA WASTEWATER MASTER PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN; ADOPTING THE LONDON AREA STORM WATER MASTER PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the London Area Master Plans, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 25, 2017, during a meeting of the Planning Commission, and on Tuesday, March 21, 2017, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that adoption of the London Area Master Plans would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the London Area Wastewater Master Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas) is adopted by this ordinance as an integral part of the Comprehensive Plan to read as shown in Exhibit "A" attached to this ordinance and incorporated by reference. SECTION 2. That the London Area Storm Water Master Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas) is adopted by this ordinance as an integral part of the Comprehensive Plan to read as shown in Exhibit "B" attached to this ordinance and incorporated by reference. SECTION 3. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. SECTION 4. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 6. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 7. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor London Area Wastewater Plan - Proposed Legend Lift Station 1_3 City Limit Proposed Mains —Force Main -0— Gravity Main MILS Service Area Commercial Estate Residential Low Density Residential Medium Density Residential Parks Public/Semi-Public 1:10,455 Miles 0 0.050.1 °$9.2 0.3 0.4 LS1 15 in Gravity Main F20 43 1.Average Daily Wastewater Flow The service population and wastewater flow generation for the land use identified in this area are as followed: Aver. 1.2 Flow Lad lise Was. Weld R -ten Lew M3 100 1. 515.0 etsi.2 i l 3. 35 35.0 3.501325i.. 35 IW 350 30 30 900 112515 10 20 Public Sare-Public 2.Peaking Factor The peak flow for all land uses shall be generated using the Babbitt Formula which is commonly used in the industry. The formula is as follows: PF = 5 / (population/1000) " 0.2, (Minimum = 2 Maximum =4) 3.Infiltration and Inflow In this master plan, infiltration and inflow shall be calculated using 400 gallons per day per acre. 4.Peak Design Flow All design of lift stations, force mains and collection systems shall use the peak flow as their basis which will include the peaking factor and infiltration and inflow. 5.Force Mains Force mains shall be designed to have a velocity between 2 feet per second and 5 feet per second to ensure that they are adequate to move solids. 15 in Gravity Main London Area Storm Water Plan - Proposed 1 Design Requirements 1. Minimum Level of Protection Major Systems (>500 acres conmbusng area): Major Underground Storm Sewers (>500 acres contributing area): • 25 -Near (HGLat or below top of curb and manhole rims) • 100 -Year (Measures shall be taken to ensure that street ponding remains belowhabtable living space) Major Channels (>500 acres contnbufing area): • 25 -Year (Design objemve is 3 feet of freeboard with a 1-footninimum,when necessary) • 100 -Year (Water surface elevation belowtop of banks) Major Channel Crossings (CuIerts): • 50 -Year Design Storm • 100 -Year (Measu res shall be taken to ensure that street ponding remains below habitable Irving space) Major Channel Crossings (Bridges). • 50 -Year At least 1 foot of freeboard below bottom of low chord • 100 -Year Water surface elevation below bottom of low chord and measures shall be taken to ensure that street ponding remains below habitable Irving space) 2. Hydrology Hydrologic analyses shall be based upon ultimate land development according to the latest Future Land Use Plan adopted by Development Services. In this master plan the follow ng Design Rainfall Depth (inches). shall be used for the USArrry Carps of Engineers Hydrologic Modeling System (HEC -HMS) hydrologic analysis in the design of channels. culverts and bridges. Rainfall Depth (inches) CorpusChiai, Teras 25,507 717 3.24 485 47 5.07 24 18477 5 70 tt 04 10 43 1210 3. Hydraulics In this master plan the hydraulic design of channels, culverts and bridges shall be performed using the US AmyC rps of Engineers HEGRASsofhvare program. Legend Q Proposed Drainage Basins —••— Proposed Channels Ditch Major Ditch Underground Major Ditch IM Collector Ditch =Concrete Lined Ditch ® Minor Ditch Pilot Ditch ,/' Natural Ditch Land Use Commercial Estate Residential Low Density Residential Medium Density Residential Parks FM Public/Semi-Public Li City Limit I I NAT0. rq 0 030 Bw Feet Oso Creek Ac. 767 i D esign Requirements ROW=110'100' B OTTOM WIDTH -B' 025-1022 CFS Ac. 1216 Ac` 1518 • �.•_• REACH• Design Requirements ROW -110'105' BOTTOM WIDTH -12' @5-1207 CFS / (_ t Ac. 595 London Area Utility Master Plans Wastewater and Storm Water City Council March 21, 2017 Study Area These utility master plans address a portion of the London Area to allow for current projects to move forward. Existing Conditions • Large lot development (1/2 acre or larger) • Expansion of the London School campus • Proposed Sports Park Project, related commercial development, and higher density single family. • TxDOT Improvements: Crosstown and Weber Road (CR 43) • Planned Development (Future Land Use) • London ADP (1987) = 105 people Utility Master Plans • Identifies technical requirements. • Allows city to obtain necessary ROW or easements to expand system through the platting process. • Requires future development to design public systems in an efficient manner that will benefit others. Does not: • Identify areas that will be annexed. • Address costs or reimbursement to developers. • Set policy related to growth. Proposed Wastewater Master Plan London Area Wastewater Plan - Proposed Legend • LIN Station =City Moat Proposed IVIains Force Main Graaty Main 1:211.5 Service area 'Commercial Estate Residential Low Density Residential Medium Density Residential Parks Public/Seim-Public a Is in Granny Main 15 in Granny Main 4555545.5x 55155554e Hen. ed 57:',SFE;:t'n E7.:ailF5r5i171;4t575;7554'Ire'XI',751'1;Z:n711 Otra7g:;:45 5,544555z :474= 5tX5VeV5'41471:5'1=47525'5'4:417.''' 1:10 455 0 0 ,..7.75 0 7579 + 980 Acres + Force main, gravity line, and lift station + Est. Customers (4 Houses/AC) = 3,920 Households + Est. Total Cost =$8,747,000 + Est. Cost Per Household =$2,231 Proposed Storm Water Master Plan London Area Storm Water Plan - Proposed Legend oseAInageBasIns -- mC" .ok� ▪ g, CI▪ . QIP" mt. Oso Creek A A ass !Ac. '995 ACS ITLB Two Channels @ 6,375 and 5,815 linear ft. Est. Total Cost =$5,915,000 + Est. Cost Per Household =$1,510 Recommendations • Planning Commission recommended approval on January 25, 2017 • Utilities and Planning & ESI Departments recommend approval Potential Future Growth in ETJ Developer Trust Fund System - Purpose • To encourage orderly development, per utility master plans • Equitably spread the cost of public infrastructure • Reimburse developers for constructing infrastructure where City infrastructure is deficient or non-existent Developer Trust Fund System -How it works • Fee paid by developers at the time of plat recordation and is based on the number of acres (not by intensity of use or number of units) • Fees are placed in four accounts, two for water and two for wastewater • Infrastructure must be on the master plan to be eligible for reimbursement • Unified Development Code (UDC), section 8.5, defines what items are eligible for reimbursement. Developer Trust Fund System - Issues • Does not account for project impact on system (intensity of use) • Does not pay for increases to capacity within the system (lines) or treatment plants (CIP) • System has had issues in the past remaining solvent since the inclusion of wastewater lift stations at 100% eligible (2003- no increase to fee collected) Trust Funds - Current Balance • Water Arterial Transmission & Grid Main • Water Distribution Main • Sanitary Sewer Trunk System • Sanitary Sewer Collection Line = $1.4 million = $1.1 million = $1.8 million = $1.2 million *Ord. 030369, adopted 12/16/2014, permits Council to transfer monies between trust funds. Current Projects (Utility Plan Area) • To receive wastewater service outside of the city limits a project must request to be annexed or enter into a non - annexation agreement per section 8.5.2.F of the UDC. • If a voluntary annexation agreement was considered for the subject projects, full access to the trust funds would be permitted. Future Development- (Potential needs for liftstations- Estimated Costs) • Average Liftstation Cost: ($1.5 -3 million) • Northwest Area (1-2) = $1.5+ million • Westside Area - NPID and West Point Road (1) = $1.5 million = $8.5+ million • London Area (1) • Southside (No liftstations needed) Next Steps • Further Evaluation of Trust Fund System: • Comprehensive evaluation to determine revenue trends and identify potential projects that will impact the system. • Annexation Policy and other Infrastructure Financing Tools Workshop AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 11, 2017 Second Reading Ordinance for the City Council Meeting of April 18, 2017 DATE: TO: March 23, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating a grant for the Internet Crimes Against Children (ICAC) Task Force program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,150.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,150.00 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children Task Force program has approved a grant for the Corpus Christi Police Department Internet Crimes Against Children Task Force. The Police Department has been a member of the ICAC since 2003. These funds will be used for the purchase of equipment, supplies, and training travel. There is no match required by the City. Funds are available from February 1, 2017 through May 31, 2017. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,150.00 $10,150.00 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of the Attorney General for Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,150.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,150.00 in the No. 1061 Police 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 a grant from the Office the Attorney General for Internet Crimes Against Children (ICAC) Task Force program in the amount of $10,150.00 to purchase equipment and supplies for the ICAC program within the Police Department. SECTION 2. That $10,150.00 is appropriated from the Attorney General for Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to purchase equipment and supplies for the ICAC program within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 RE: FY17 ICAC Sub -recipient Grant Coversheet *** FOR OAG INTERNAL USE ONLY *** GCD contract number: 1774918 Grantee: Corpus Christi Police Department Amount: $10,150.00 Executed: Term: Feb. 1, 2017—May 31, 2017 Budget coding: ORG PCA Agy Obj 885 15600 7611 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 GRANT CONTRACT OAG Contract No. 1774918 This grant contract is executed between the Office of the Attorney General (OAG) and Corpus Christi Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and GRANTEE may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children (ICAC) Task Force Program, Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs (OJP), United States Department of Justice, seeks to maintain and expand State and regional ICAC task forces to combat technology - facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children. The program requires existing task forces to develop multi jurisdictional, multi - agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. The purpose of this contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on February 1, 2017 and shall terminate May 31, 2017, unless it is terminated earlier or extended in accordance with another provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE's CONTRACTUAL SERVICES 3.1 GRANTEE's Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 2015 -MC -FX -K049. The GRANTEE will comply with the terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Depaitment of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 2015 -MC -FX -K049, (OAG Award Document), as well as the applicable provisions of the OAG ICAC Grant Application or OAG Award Document as supplemented, amended or adjusted. 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. The GRANTEE's budget is attached as Exhibit A. ICAC Sub -recipient Grant Contract Page 1 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 The GRANTEE's Project Narrative is as follows: To support efforts to combat certain Internet Crimes Against Children (ICAC) or other direct operating expenses. The Special Conditions, including the OAG Award Document, are attached as Exhibit B. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted infoimation was inaccurate and forward the correction information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit, within ten (10) business days, notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and ICAC Sub -recipient Grant Contract Page 2 of 19 DocuSign Envelope ID: 16D9C101-9AD4-4608-9F3E-60DA6725F577 programmatic management of the organization, including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and fmancial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi -Annual Statistical (Performance) Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report, within 30 days after the end of the reporting periods, certain outcome measures. The semi-annual reporting periods end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. Contents of Semi -Annual Statistical Reports. GRANTEE shall report data to the OAG on the following outcome measures: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor (or its equivalent) arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions obtained; g. Total number of ICAC -related arrests during reporting period; ICAC Sub -recipient Grant Contract Page 3 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology -facilitated child sexual exploitation and Internet Crimes Against Children; 1. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to non-member law enforcement agencies. 4.2.2 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures shall contain, at a minimum, the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f. Training; and g. Community Outreach Presentations. 4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements of the following measures: a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including - i. whether the prosecution resulted in a conviction for such crime; and ii. the sentence and the statutory maximum for such crime under State law. ICAC Sub -recipient Grant Contract Page 4 of 19 DocuSign Envelope ID: 16D9C101-9AD4-4608-9F3E-60DA6725F577 c. The number of referrals made by the task force to the United States Attorney's Office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to non-member law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self -evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis. GRANTEE also shall make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the annual budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating ICAC Sub -recipient Grant Contract Page 5 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. On or before July 15, 2017 or a date as established by the OAG, GRANTEE must submit the following two reports: Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit — "timely" means on or before May 31 for a grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A-133 (audits of States, Local Governments, and Non -Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non -Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG, which shall cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (20th) of each month, or if the twentieth (20th) falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each State fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the teen of this contract. The OAG shall only reimburse ICAC Sub -recipient Grant Contract Page 6 of 19 DocuSign Envelope ID: 16D9C101-9AD4-4608-9F3E-60DA6725F577 GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.7 Refunds and Deductions. If the OAG detenuines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request; however, a title for equipment will remain with GRANTEE. GRANTEE will 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 contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. ICAC Sub -recipient Grant Contract Page 7 of 19 DocuSign Envelope ID: 16D9C 101-9AD4-46C8-9F3E-60DA6725F577 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un -awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terns, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either Party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this contract is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract without recourse, liability or penalty, upon thirty (30) calendar days' notice to the other Party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. TeHnination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such ICAC Sub -recipient Grant Contract Page 8 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7) years after the contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract are resolved. The records include, but may not be limited to, the contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this contract, any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records and other relevant information of the entity, person or contractor that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. ICAC Sub -recipient Grant Contract Page 9 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract 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 must provide the State Auditor's Office with 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 it 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 contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office -related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG 8.1 The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web -based data collection method. Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to: OAG-Grants@oag.texas.gov If requested or approved by the OAG, other programmatic reports may be submitted to: Program Manager — Contracts and Asset Management Division Office of the Attorney General ICAC Sub -recipient Grant Contract Page 10 of 19 DocuSign Envelope ID: 16D9C101-9AD4-4608-9F3E-60DA6725F577 Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports and Information). All fmancial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager — Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@oag.texas. gov SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with the expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, ICAC Sub -recipient Grant Contract Page II of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws. GRANTEE agrees to comply with all applicable federal and state laws relevant to GRANTEE's performance under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, including the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended. GRANTEE also agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Texas Governor's Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances as contained in the Application Kit. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records relating to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to give, 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 or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain ICAC Sub -recipient Grant Contract Page 12 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered an OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. 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 venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or GRANTEE'S contractors 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. To the extent allowed by law, GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, 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. GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE'S contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. ICAC Sub -recipient Grant Contract Page 13 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty -free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE, GRANTEE will ensure that its contracts with others comply with the provisions of this contract GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE 's subcontractor(s). 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. ICAC Sub -recipient Grant Contract Page 14 of 19 DocuSign Envelope ID: 16D9C101-9AD4-4608-9F3E-60DA6725F577 11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract 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. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action, or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above- named courts; the suit, action, or proceeding is brought in an inconvenient forum; and/or the venue is improper. 11.10 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance." 11.11 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the teens and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. ICAC Sub -recipient Grant Contract Page 15 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non -waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY Corpus Christi Police Department GENERAL OF TEXAS Printed Name: ilfuctuml, k.iwat, Printed Name: Michael Markle Office of the Attorney General Authorized Official ICAC Sub -recipient Grant Contract Page 16 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 EXHIBIT A GRANT CONTRACT OAG Contract No. 1774918 Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all expenses, shall not exceed: $10,150.00 Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $o.00 Fringe Benefits 80.00 Professional & Contractual Services $0.00 Travel 80.00 Equipment $6,800.00 Supplies $3,350.00 Other Direct Operating Expenses $0.00 Total $10,150.00 ICAC Sub -recipient Grant Contract Page 17 of 19 DocuSign Envelope ID: 16D9C101-9AD4-4608-9F3E-60DA6725F577 EXHIBIT B GRANT CONTRACT OAG Contract No. 1774918 SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. GRANTEE agrees to comply with all Special Conditions imposed by the OAG, including the following documents, which are attached hereto and incorporated by reference herein: • Department of Justice, Office of Justice Programs, Office of the Assistant Attorney General—letter dated September 9, 2016 to Texas Office of the Attorney General. ➢ One (1) page. • Department of Justice, Office of Justice Programs, Office of Civil Rights—letter dated September 9, 2016, to Texas Office of the Attorney General, and any subsequent award document. ➢ Three (3) pages. • Department of Justice, Office of Justice Programs, Office of the Chief Financial Officer—letter dated September 9, 2016, to Texas Office of the Attorney General, Approved Budget Categories. ➢ Two (2) pages. • Department of Justice, Office of Justice Programs, Office of the Chief Financial Officer—Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. ➢ Three (3) pages. • Department of Justice, Office of Justice Programs—Standard Assurances ➢ One (1) page. • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention—memorandum to Official Grant File, concerning categorical exclusion for Texas Office of the Attorney General, and any subsequent award document. ➢ One (1) page. ICAC Sub -recipient Grant Contract Page 18 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Grant Manager's Memorandum, Part I, Project Summary FY 16 (OAG Award Document), 2015 -MC -FX -K049. ➢ Two (2) pages. • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement and Special Conditions FY 16 (OAG Award Document), 2015 -MC -FX -K049, and any subsequent award document. ➢ Twelve (12) pages. ICAC Subrecipient Grant Contract —Webb County Sheriffs Office 1665868 Page 19 of 19 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington, D.C. 10531 September 9, 2016 Mr. Jeffrey C. Mateer Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 Dear Mr. Mateer: On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 16 Internet Crimes Against Children Task Force Invited in the amount of 5514,754 for Texas Office of the Attorney General. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Lou Ann Holland, Program Manager at (202) 305-2742; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Karol Virginia Mason Assistant Attorney General Enclosures DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail:: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr September 9, 2016 Mr. Jeffrey C. Mateer Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 Dear Mr. Mateer: Congratulations on your recent award, In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department ofJustice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of' Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department ofJustice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.tep.gov. Ensuring Equal Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAB) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the DOI to fund inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear -that organizations participating in programs funded by the DOI are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § i0604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOI has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http://www.ojp.usdoj.gov/about/ocripdfskert.pdf. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an ESOP Short Form), but it does not have to submit the report to the OCR for review, instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.tisdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoi.gov/aboutioer/pdfskert.pdf. To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination 1f in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a.copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www_ojp.usdoj.gov/fundinglother_requireutents.httn. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of -Justice Programs Office of the Chief Financial Officer Washington, D,C. 20531 Septetnbcr 9.2016 Mr, Jeffrey C. Mower Texas Office of the Attorney General PO Bos 12548 Austin. TX 78711 - 2548 Reference Grant Number: 2015 -MC -FX -K049 Supplemental Budget Number: Of Dear Mr. Matecr: 1 am pleased to inform you thatmy office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Prior Budget Supplemental Budget Total Personnel 5256.582 5254,928 5511,510 Fringe Benefits 582.999 S78.839 $16!,833 Travel 559.356 575,752 5135,108 Equipment 50 SO SO Supplies 518.514 520,720 539.234 Construction 80 SO SO Contractual 564.199 569,965 5134.164 Other 510,550 514.550 525.100 Total Direct Cost 5492,200 5514,754 51.006,954 Indirect Cost SO 50 50 Total Project Cost 5492.200 5514,754 S1,006,954 Federal Funds Approved: 5492,200 5514.754 51,006.954 Non -Federal Share: 50 50 50 Program Income: 50 50 50 Match is not required for this program. The line item labeled "Contractual" may include contracts, subawards. or consultants. Approval ofthisbudgetdoes not include approval ofconference COM. A 11 afonference 00515 rrquiro prior pprova1 of 031'. DocuSign Envelope ID: 1 6D9C1 01-9AD4-46C8-9F3E-60DA6725F577 if you have questions regarding this award, please contact: - Program Questions, Lou Ann Holland, Program Manager at (202) 305-2742 - Financial Questions, the office pf Chief Financial Officer. Customer Service Cemer(CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfogusdoi.gov. Congratulations, and we look forward to working with you. Sincerely, 71 Leigh Benda Chief Financial Officer DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE CHIEF FINANCIAL OFFICER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Page 1 of 3 Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "DOJ Implementation of OMB Guidance on Nonprocurement Debarment and Suspension," and 28 CFR Part 83, "Government -wide Debarment and Suspension," and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or, employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a), and other requirements: A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Have not within a two-year period preceding this application been convicted of a felony criminal violation under any Federal law, unless such felony criminal conviction has been disclosed in writing to the Office of Justice Programs (OJP) at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has https://grants.ojp. usdoj.gov/gmsinternal/viewAssuranceText.do?id=2&type=GMS_APPLI... 7/15/2015 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 Page 2 of 3 received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. (d) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (e) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. FEDERAL TAXES A. If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to OJP at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F, for grantees, as defined at 28 CFR Sections 83.620 and 83.650: A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: https://grants.ojp.usdoj.gov/gmsinternaliviewAssuranceText.do?id=2&type=GMS_APPLI... 7/15/2015 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 Page 3 of 3 Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Close Window https://grants.ojp.usdoj.gov/gmsinternal/viewAssuranceText.do?id=2&type=GMS_APP LI... 7/15/2015 DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 STANDARD ASSURANCES OMB APPROVAL NO. 1121-140 EXPIRES 5/31/2019 The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including 2 C.F.R. Part 2800 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards by the Department of Justice), and Ex. Order 12372 (intergovernmental review of federal programs). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subrecipients or contractors to comply) with any applicable nondiscrimination provisions, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Violence Against Women Act (42 U.S.C. § 13925(b)(13)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131- 34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07). It will also comply with Ex. Order 13279, Equal Protection of the Laws for Faith - Based and Community Organizations; Executive Order 13559, Fundamental Principles and Policymaking Criteria for Partnerships With Faith -Based and Other Neighborhood Organizations; and the DOJ implementing regulations at 28 C.F.R. Part 38. 7. If a governmental entity— a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention Washington. D.C. 20531 Memorandum To: Official Grant File From: Lou Ann Holland, OJJDP NEPA Coordinator Subject: Categorical Exclusion for Texas Office of the Attorney General This award is made as part of the Internet Crimes Against Children Task Force Program. Awards under this program will be used to support State and local law enforcement agencies to maintain and expand State and regional task forces to address technology -facilitated child exploitation. None of the following activities will be conducted either under this award or, a related third party action: I) New construction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) Located within a 100 -year flood plain, a wetland, or habitat for an endangered species; 3) A renovation which will change the basic prior use of a facility or significantly change its size; 4) Research and technology whose anticipated and future application could be expected to have an effect on the environment; or 5) Implementation of a program involving the use of chemicals, other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 This project is 2309 U.S. Department of Justice Office of Justice Programs GRANT MANAGER'S MEMORANDUM, PT. 1: PROJECT SUMMARY Office of Juvenile Justice and Delinquency Prevention Cooperative Agreement PROJECT NUMBER PAGE 1 OF 1 2015 -MC -FX -K049 pporled under FYI6(OJJDP - MEC - ICAC Task Force - other than TTA or "HERO" veterans employment) Pub. L. No. 114-113; 129 Stat. 2242, I. STAFF CONTACT (Name & telephone number) Lou Ann Holland (202) 305-2742 3a. TITLE OF THE PROGRAM OJJDP FY 16 Internet Crimes Against Children Task Force Invited 4. TITLE OF PROJECT Texas Office of the Attorney General Southern ICAC Task Force 2. PROJECT DIRECTOR (Name, address & telephone number) Trey Morales OAG Grants Coordinator PO Box 12548 Austin, TX 78711-2548 (512) 936-7946 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 17. PROGRAM PERIOD IFROM: 07/01/2015 TO: 06/30/2017 9. AMOUNT OF AWARD 8 514,754 1 L SECOND YEAR'S BUDGET 13, THIRD YEAR'S BUDGET PERIOD 8. BUDGET PERIOD FROM: 07/01/2015 TO: 06/30/2017 10. DATE OF AWARD 09/09/2016 12. SECOND YEAR'S BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The National Internet Crimes Against Children (ICAC) Task Force Program, as established by the PROTECT Our Children Act of 2008, consists of State and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, and child obscenity and pornography cases. Each State and local task force that is part of the national program shall: 1) consist of State and Local investigators, prosecutors, forensic specialists, and education specialists who are dedicated to addressing the goals of the task force; 2) engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes against children; 3) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, law enforcement, and others concerned with Internet crimes against children; 4) develop multijnrisdictional, muItiagency partnerships and responses to Internet crimes against children offenses through ongoing informational, administrative, and technological support to other State and local law enforcement agencies, as a means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute such offenses; 5) participate in nationally I coordinated investigations in any case in which the Attorney General determines such participation to be necessary, as permitted by the available resource of such OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 task force; 6) establish or adopt investigative and prosecution standards consistent with established norms, to which such task force shall comply; 7) investigate, and seek prosecution on tips related to Internet crimes against children, including tips from Operation Fairplay, the National Internet Crimes Against Children Data System, the National Center for Missing and Exploited Children's CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with priority being given to investigate Leads that indicate the possibility of identifying or rescuing child victims, including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community; 11) develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate agencies; 9) maintain reports required by 011DP and other reports and records as determined by the Attorney General; and, 10) seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the law of the State where the task force is located. The Texas Office of the Attorney General (OAG) recognizes the importance of expanding the capacity of the Texas OAG Internet Crimes Against Children (ICAC) Task Force. The Texas OAG ICAC will continue to improve task force effectiveness to prevent, interdict, investigate, and prosecute Internet crimes against children and technology -facilitated child exploitation by training internal and external ICAC personnel, as well as non -ICAC entities. An emphasis will continue to be placed on collaborating with external law enforcement and local and federal prosecutors for the successful investigation and prosecution of child predators. In addition, mental wellness training of investigators, supervisors and support staff remains a priority to ensure personnel are sufficiently equipped to prevent and mitigate the negative effects associated with conducting investigations involving child pornography. NCA/CF DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs 01 Office of Juvenile Justice and �° '_ : Delinquency Prevention Cooperative Agreement PAGE 1 OF 12 I. RECIPIENT NAME AND ADDRESS (Including Zip Code) Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 4. AWARD NUMBER: 2015 -MC -FX -K049 5. PROJECT PERIOD: FROM 07/01/2015 TO 06/30/2017 BUDGET PERIOD: FROM 07/01/2015 TO 06/30/2017 6. AWARD DATE 09/09/2016 7. ACTION Supplemental 2a. GRANTEE IRSNENDOR NO. 746000057 8. SUPPLEMENT NUMBER 01 2b. GRANTEE DUNS NO. 806780789 9. PREVIOUS AWARD AMOUNT $ 492,200 3. PROJECT TITLE Texas Office of the Attorney General Southern ICAC Task Force 10. AMOUNT OF THIS AWARD $ 514,754 11. TOTAL AWARD $ 1.006.954 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY 16(OJJDP - MEC - ICAC Task Force - other than TTA or "HERO" veterans employment) Pub. L. No. 114-113; 129 Stat. 2242,2309 14 . CATALOG OP DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.543 - Missing Children's Assistance 15. METHOD OF PAYMENT GPRS I AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Karol Virginia Mason Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Jeffrey C. Mateer First Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL — •?� AAZ a)•Y' 1 __ 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 1 9A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X F MC 70 00 00 514754 21. PMCTGT0052 OW FORM 4000/2 (REV'. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OW FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department ofJustice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 2 OF 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department ofJustice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Office ofJustice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 2016 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the Office ofJustice Programs (OJP) website at http://ojp.gov/funding/Part200UniformRequirements.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the 'Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2015, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at http://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 3 OF I2 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 4. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(0, and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. Alt subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at http://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: Award Condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 4 OF 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 8. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed 8150,000)), and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (Including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipients obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 10. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee'') at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where • applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 11. Requirement for -data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. 12. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://ojp.gov/funding/ojptrainingguidingprinciples.htm. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 1609C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 5 OF 12 PROJECT NUMBER 2015 -MC -PX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 13. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 16. Compliance with DOI regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, utast comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at http://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. 17. Restrictions on "lobbying" Federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient (or subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 6 OF 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 18. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2016) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 19. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (I) mail directed to: Office of the Inspector General, U.S. Department of Iustice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-988I (fax). Additional information is available from the DOJ OIG website at http:I/www.usdoj.gov/oig. Initials 02P FORM 4000/2 (REV. 4-811) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 7 OF 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 20. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 8 01' 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 21. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OV W, as appropriate) for guidance. 22. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 9 OF 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 23. Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds S20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: I) name of event; 2) event dates; 3) location of event; 4) number of federal attendees; 5) number of non-federal attendees; 6) costs of event space, including rooms for break-out sessions; 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs of printing and distribution; 10) costs of meals provided during the event; 11) costs of refreshments provided during the event; 12) costs of event planner; 13) costs of event facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) meals and incidental expenses (M&IE portion of per diem); 2) lodging; 3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g., rental car, POV) at event location. Note that if any item is paid for with registration fees, or any other non -award funding, then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data, and how to determine costs, are available in the OJP Financial Guide Conference Cost Chapter. Initials OJP FORM 4000/2 (REV, 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department ofJustice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 10 OF 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 24. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial Guide. 25. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office ofJustice Programs (OJP) program office prior to obligation or expenditure of such funds. 26. The recipient acknowledges that the Office ofJustice Programs (OJP) reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General). It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 27. The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at http://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 28. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes, unless otherwise designated in the award document. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 11 OF 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/0912016 SPECIAL CONDITIONS 29. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 30. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award. This report will include detailed information about the project(s) funded, including, but not limited to, information about how the funds were actually used for each purpose arca, data to support statements of progress, and data concerning individual results and outcomes of funded projects reflecting project successes and impacts. The final report is due no later than 90 days following the close of this award period or the expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/. 31. The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at www.whitehouse.gov/omb/grants/standard_forms/ff report.pdf), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. 32. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/. 33. ICAC Annual Reports The recipient agrees to submit annual reports to OJP that set forth the following: (A) The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. (B) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. 34. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. 35. The recipient agrees to submit quarterly reports to OJP that set forth the following: Prosecution performance measures of the lead task force agency and any affiliates receiving S20,000 or more in subrecipient funding per project period year, including - 1) the number of prosecutions for Internet crimes against children; 2) whether the prosecution resulted in a conviction for such crime; and 3) the sentence and the statutory maximum for such crime under State law. 36. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: 16D9C101-9AD4-46C8-9F3E-60DA6725F577 U.S. Department ofJustice Office ofJustice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 12 OF 12 PROJECT NUMBER 2015 -MC -FX -K049 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 37. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the project is as follows: a. Review and approve major work plans, including changes to such plans, and key decisions pertaining to project operations. b. Review and approve major project generated documents and materials used in the provision of project services. Provide guidance in significant project planning meetings, and participate in project sponsored training events or conferences. 38. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office ofJustice Programs, U.S. Department ofJustice. Neither the U.S. Department ofJustice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 39. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal govemment. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. Initials OJP FORM 4000/2 (REV. 4.88) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 11, 2017 Second Reading Ordinance for the City Council Meeting of April 18, 2017 DATE: March 16, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha©cctexas.com (361) 826-3932 2016 Homeland Security Grant Program (HSGP) in the Amount of $280,108.79 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept 4 grants totaling $280,108.79 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities; and appropriating $280,108.79 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program into the No. 1062 Fire Grant Fund to curry out homeland security projects. PURPOSE: The Texas Office of the Governor — Homeland Security Grants Division has informed the City of Corpus Christi that our jurisdiction has been awarded four (4) grants totaling $280,108.79 from the Homeland Security Grant Program (HSGP) for Law Enforcement Terrorism Prevention Activities (LETPA). The purpose of the grants is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. A need analysis was conducted and specialized equipment was identified before applying for the grants. When the special equipment is purchased it will be distributed to the appropriate Departments. BACKGROUND AND FINDINGS: None ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $280,108.79 $280,108.79 BALANCE $280,108.79 $280,108.79 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $280,108.79. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept 4 grants totaling of $280,108.79 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities; and appropriating $280,108.79 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program into the No. 1062 Fire Grants Fund to carry out homeland security projects 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 4 grants totaling of $280,108.79 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program (HSGP) for law enforcement terrorism prevention activities. Grant Number 3137501 Grant Number 2966302 Grant Number 3142601 Grant Number 3133801 SWAT Ballistic Protection Equipment Man -Portable X-ray Units Swiftwater Rescue Grid Aim System $181,873.20 $ 82,985.59 $ 10,884.11 $ 4,365.89 Section 2. That $280,108.79 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program is appropriated into the No. 1062 Fire Grants Fund to carry out homeland security projects associated with each grant that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 11, 2017 Second Reading Item for the City Council Meeting of April 18, 2017 DATE: February 9, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll(c�cctexas.com (361) 826-3464 Gilbert Sanchez, Risk Manager GilbertS2(c�cctexas.com (361) 826-3739 Appropriation of Insurance Claim Payments for Golf Fund CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $95,734.24 received from insurance claim payments in the No. 4691, Golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures by $95,734.24 each. PURPOSE: This item is to approve the appropriation of insurance claim settlements received for the Oso Beach Golf Course Cart Barn fire incident. BACKGROUND AND FINDINGS: On Friday, September 30, 2016 the golf cart barn at Oso Beach Golf Course caught fire and was destroyed (including the entire fleet of golf carts). Foresight Golf and the Risk Management Department have been working to file claims and receive insurance settlements to re -build the cart barn and replenish the fleet of golf carts. Funds have been received from the City's six insurance carriers totaling $95,734.24. The settlements will be appropriated in the Golf Capital Reserve Fund. By contract Foresight Golf can coordinate improvements to the City Golf Courses. In the past, the City has approved recommended improvements to the courses and reimbursed Foresight via the Golf Surcharge Fund once improvements are complete and invoices have been submitted and verified. Replacement of the cart barn at Oso Beach Golf Course will be executed in the same manner. Foresight Golf estimates the project will cost approximately $102,000. Risk Management will help bridge the gap between settlement payments and the cost of the project via their casualty loss account. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Appropriating of funds must be approved by City Council EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Park & Recreation, Risk Management, Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0.00 0.00 $0.00 Encumbered / Expended Amount 0.00 0.00 0.00 This item (additional revenue) $95,734.24 0.00 $95,734.24 BALANCE $95,734.24 0 $95,734.24 Fund(s): Golf Capital Reserve Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Scope of Work Memorandum Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $95,734.24 received from insurance claim payments in the No. 4691 Golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures by $95,734.24 each. 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 and appropriate $95,734.24 received from insurance claim payments in the No. 4691 Golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures by $95,734.24 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary Foresight Golf jj'arl? riot b!eV$ ,a Memorandum To: Stacie Talbert Anaya, Interim Director City of Corpus Christi Parks & Recreation CC: Ed Miller, Dan Pedrotti, Peter Palacios From: Michael Weiland Date: 1/23/2017 Re: Oso Beach Golf Car Storage Building Construction Subsequent to the unfortunate electrical fire that took place to the Oso Beach Golf Course golf car facility, Foresight Golf has been developing reconstruction plans and soliciting bids from contractors and is ready to proceed with reconstruction of the building. Within this memorandum you will see detailed: our bid process for selecting a building manufacturer and general contractor; the scope of work involved; and costs for reconstructing a new golf car storage facility at Oso Beach Golf Course in Corpus Christi. Also included is a spreadsheet illustrating vendor bid comparisons and supporting documentations for the vendor in which we have selected for this project. We are happy to answer any questions you may have regarding the details below and desire to begin this project as soon as possible. Bid Process for Selecting a Building Manufacturer and Contractor As not having the capability to store and charge electric golf cars is costing both the City and we considerable money, we have been working diligently on finding qualified metal building manufacturers and building contractors for reconstructing the golf car storage building. During this process we solicited bids from three well known, reputable, and nationally recognized manufacturers. These include Western Steel Company, an affiliate of United Structures of America; Mueller Metal Buildings; and Capital Steel an affiliate of General Steel. All three of these companies, in conjunction with their local construction contractors, submitted similarly detailed bids for our consideration outlining demolition of the current structure, a new metal building kit and materials, physical construction costs, electrical work, engineering fees, permitting, and a windstorm certificate. January 23, 2017 After review and internal discussion in the Foresight Golf home office, we have selected Capital Steel and their local contractor, D&R Construction. Both cost and warranties on workmanship and physical structure were considered in our decision. David Rivera, owner and our point of contact for D&R, is local to the Corpus Christi area. In fact, David who previously worked for his father's company, RRR Construction, is an approved vendor and has previously done work for and the City on other projects. Maria Pedraza, Procurement Manager for the City of Corpus Christi, was a point of contact for these projects and has previously worked directly with David. We performed a thorough reference check on D&R and I personally spoke to several of their customers including Maria, as to David and his company's quality of work. All references we checked let us know that David and his crew's workmanship, reliability, and timeliness in completing their projects were outstanding. This feedback, especially Maria's, ultimately resulted in our selection. Additionally, David submitted to us pictures of a current metal building he is currently working to complete for illustrating a similar project. Scope of Work We are prepared to oversee construction of a new 4,000 square foot metal building which will be 40 feet wide by 100 feet long. This building will include six framed openings, including two 8 feet by 8 feet framed openings on each end of the structure to accommodate overhead doors for driving the golf cars into the building. Additionally, two 4 feet by 7 feet walk doors will be included for our Team to enter and exit the building. A simple computer animated drawing provided by the building vendor is included with this memorandum for your reference. Full sets of engineer stamped and sealed engineering drawing will be provided to us upon ordering the metal building kit from Capital Steel. This building will be constructed to the windstorm requirements as mandated by City of Corpus Christi code and a windstorm certificate will be obtained. Plans include keeping and reusing the existing location and concrete slab, but we will completely demolish the old metal structure. The contractors have all confirmed that the concrete slab is reusable and have included fees for permitting and engineering in their bids. There is also a provision in the plan and project for a 400 square foot wash pad adjacent to the entrance to the metal building for washing and restocking golf cars when they are cleaned and charged for the evening. As you will see in the construction costs outlined later in this memorandum, electrical work is a significant piece of the total cost. This is mostly a result of the electrical requirements for charging our electric golf cars as provided by EZ GO, the golf car manufacturer for our new fleet on order. Each golf car and its charger are required to have their own dedicated 15 amp circuit. Also included in the electrical portion of construction, is general interior and exterior lighting as well as electric outlets to 2 January 23, 2017 service the building. For more details on electric service to the metal building, please refer to the quote provided by D&R Construction. Finally, we believe that the color of the building should match its surroundings and the overall "beach" theme of the Corpus Christi area. We will pick a pastel color to accommodate this objective from the color options provided by the metal building vendor. Cost of Construction Demolition of existing structure: $12,000.00 Cost for additional concrete slab to accommodate 4,000 square feet building and 10' by 40'concrete wash pad with drain: $12,000.00 Capital Steel Building Kit including 50 year warranty on the metal structure and 40 year warranty on the sheeting coating: $28,104.00 Electrical system to accommodate the manufacturers requirements for 60 electric EZ GO golf cars, lighting, exhaust fan, and general electricity to the building: $27,000.00 D&R Construction costs to erect the metal building kit with 5 year warranty on workmanship: $20,600.00 Engineering/Permitting Fees and Windstorm Certificate: $2,200 Total Project Cost: $101,904.00 Included as enclosures to this memorandum are the following items: • Foresight Golf's metal building bid comparisons • Capital Steel's quotation • Capital Steel's color options under consideration • Capital Steel's features and information document • Capital Steel 40' wide X 100' Long (not to scale) CAD drawing • D&R - David Rivera construction costs quotation 3 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 11, 2017 Second Reading for the City Council Meeting of April 18, 2017 DATE: March 21, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Exemption from the Wastewater Acreage/Lot Fees for property located east of Waldron Road and south of Don Patricio Road CAPTION: Ordinance exempting Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, located east of Waldron Road and south of Don Patricio Road, from the payment of the Wastewater Lot/Acreage Fees Under Section 8.5.2.G.1 of The Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B from paying $2,450.76 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Voss Engineering, on behalf of James and Amanda Beauregard, property owner, submitted a request for a waiver for wastewater infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G. The subject property, Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, is located east of Waldron Road and south of Don Patricio Road. The waiver request did not comply with the UDC Section 8.2.7.B.1.d.ii as the sanitary sewer service is reasonably accessible to this property. The nearest service is approximately 900 feet away from the intersection of Waldron Road and Don Patricio Road. The lot was previously platted in 1971 with the adjacent corner property on Waldron Road. The proposed plat is a re -plat from one plated lot (Lot 2) into two lots (Lot 2A & Lot 2B with 0.5 acres and 1.563 acres respectively) for a future single family development on Lot 2B. Proposed Lot 2A has an existing home with an existing water service connection with the City of Corpus Christi. This lot also has an existing septic (K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\FLOUR BLUFF GARDENS\1 - LAND DEVELOPMENT\2-(UNIT 2)\8 -WAIVER AND FEE EXEMPTION\PC system registered with the City/County Health Department. The waiver request is for the proposed Lot 2B to waive the wastewater infrastructure construction and exempt the Wastewater Lot/Acreage Fees per UDC. Although the property to be re -platted is within the 1,000 foot benchmark the wastewater improvements requirement would create a burden for a single-family home. A request for exemption to the wastewater lot/acreage fees was considered and acted in favor by Planning Commission on March 8, 2017. The Planning Commission determined that the subject property is not likely to be served with wastewater service within the next 15 years. ALTERNATIVE: Require the developer to pay the applicable wastewater lot and acreage fees in the amount of $2,450.76 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 1/2 percent interest per annum from the date of filing of the final plat. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On March 8, 2017, the Planning Commission recommended City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\FLOUR BLUFF GARDENS\1 - LAND DEVELOPMENT\2-(UNIT 2)\8 -WAIVER AND FEE EXEMPTION\PC COMMENTS: None RECOMMENDATION: On March 8, 2017, the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Presentation (K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\FLOUR BLUFF GARDENS\1 - LAND DEVELOPMENT\2-(UNIT 2)\8 -WAIVER AND FEE EXEMPTION\PC ORDINANCE Ordinance exempting Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, located east of Waldron Road and south of Don Patricio Road, from the payment of the Wastewater Lot/Acreage Fees Under Section 8.5.2.G.1 of The Unified Development Code; requiring the owner/developer to comply with the specified conditions. WHEREAS, Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, located east of Waldron Road and south of Don Patricio Road is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of the Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, James and Amanda Beauregard ("owners") the Planning Commission has recommend City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in \\CCCH-FL01.CCPD.NET\GROUPSDIRECTORY\DEVELOPMENTSVCS\SHARED\LEGISTAR\2017 CC AGENDA ITEMS \4-11-17\FB GARDENS UNIT 2, BLK 2, LOTS 2A&2B- UNNACREAGE FEE EXEMPTION\ORDINANCE- FB GARDENS UNIT 2, BLK 2, LOTS 2A&2B WW EXEMPTION.DOC the agreement are covenants running with the land. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Mayor City Secretary \\CCCH-FL01.CCPD.NET\GROUPSDIRECTORY\DEVELOPMENTSVCS\SHARED\LEGISTAR\2017 CC AGENDA ITEMS \4-11-17\FB GARDENS UNIT 2, BLK 2, LOTS 2A&2B- UNNACREAGE FEE EXEMPTION\ORDINANCE- FB GARDENS UNIT 2, BLK 2, LOTS 2A&2B WW EXEMPTION.DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and James and Amanda Beauregard, 531 Don Patricio, Corpus Christi, Texas 78418 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF FLOUR BLUFF GARDENS UNIT 2, BLOCK 2, LOTS 2A & 2B, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B Page 3 EXECUTED original, this DEVELOPER/OWNERS: STATE OF TEXAS COUNTY OF NUECES § day of 2017. Amanda Beauregard Owner Thisen :was acknowledged before me on this �gynp , day of 2017 b APPROVED: This day of Y 'rectaSe Lejd Notary Public, State of Texas , 2016 By: Julio Dimas, CFM. Interim Director of Development Services APPROVED as to form: By: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B Page 4 4 gi Z s J iR ga .00'00= M AO AO .64 ..AI • g ti 1 01 . fC O>L M .00 00 AZ 0 a • ;d 7s PP 0 S . -a 1-7:7 .00UM.0O 00.0E N ti - A x¢11 914y " a a ii:li ► 0; 813, Ik ihiIdijf PA1.!I $115 y+1 iiiiiiii ill 410 01 1 0 fi U 1L o DATE: 1 REVISED: I0 o Z C LL 1 EXHIBIT 1 Aerial Overview Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B �r -41tif� ����1 4`4 ►.#, ': e 4# ker O #4, +4� ,.*:.•... 4..•• � a�w �� �*#%�%K%¥w.�.#� *• \^ S~�$\ :�«. � '00 : Existing Waste Water Infrastructure Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 11, 2017 Second Reading for the City Council Meeting of April 18, 2017 DATE: March 6, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Closing portions of two utility easements at the Del Mar College East Campus, located at 101 Baldwin Blvd. CAPTION: Ordinance abandoning and vacating portions of two existing utility easements, 0.237 -acre portion of an existing utility easement and 0.390 -acre portion of an existing utility easement out of a part of Del Mar College East Campus, Block 1, Lot 1, located at 101 Baldwin Blvd. and requiring the owner, Del Mar College, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate two portions of a utility easement and allow for Del Mar College to construct a new educational facility in the lot. BACKGROUND AND FINDINGS: Del Mar College (Owner) is requesting the abandonment and vacation of portions of two existing utility easements, 0.237 -acre portion of an existing utility easement and 0.390 -acre portion of an existing utility easement out of a part of Del Mar College East Campus, Block 1, Lot 1, located at 101 Baldwin Blvd. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the construction of a new educational facility. Staff recommends the Owner pay no fair market value fee in accordance with Texas Local Government Code §272.001 (b) because the Owner will be dedicating utility easements throughout the property which will greatly exceed the area of the requested closure. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements comply with the City Code of Ordinances, Section 49-12 and 49- 13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: The Water Department has agreed to allow the relocation of waterlines to newly dedicated utility easements. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Owner must relocate the water lines to the newly dedicated utility easements at owner's expense. d. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance abandoning and vacating portions of two existing utility easements, 0.237 - acre portion of an existing utility easement and 0.390 -acre portion of an existing utility easement out of a part of Del Mar College East Campus, Block 1, Lot 1, located at 101 Baldwin Blvd. and requiring the owner, Del Mar College, to comply with the specified conditions. WHEREAS, Del Mar College (Owner) is requesting the abandonment and vacation of portions of two existing utility easements, 0.237 -acre portion of an existing utility easement and 0.390 -acre portion of an existing utility easement out of a part of Del Mar College East Campus, Block 1, Lot 1, located at 101 Baldwin Blvd; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate portions of two existing utility easements, 0.237 -acre portion of an existing utility easement and 0.390 -acre portion of an existing utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Del Mar College ("Owner"), two existing utility easements, 0.237 -acre portion of an existing utility easement and 0.390 -acre portion of an existing utility easement out of a part of Del Mar College East Campus, Block 1, Lot 1, located at 101 Baldwin Blvd., as recorded in Volume 53, Page 103 of the Map Records of Nueces County, Texas, are abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A" and "C", which are the metes and bounds description and field notes, "Exhibit B" & "D", which are the graphical representation of the legal and location maps which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easements described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action within 180 days of Council approval. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Owner must relocate the water lines to the newly dedicated utility easements at owner's expense. d. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor RBAN ENGINEERING Exhibit A 0.237 Acre Easement Closure STATE OF TEXAS COUNTY OF NUECES Job No. 25800.B7.00 January 21, 2017 Fieldnotes, for a 0.237 Acre, Easement Closure, over and across Lot 1, Block 1, Del Mar College East Campus, a map of which is recorded in Volume 53, Page 103, Map Records of Nueces County, Texas; said 0.237 Acre Tract, being more fully described by metes and bounds as follows: Commencing, at a 5/8 Inch Iron Rod Found, on the East Right -of -Way of Ayers Street, a public roadway, for a North corner of the said Lot 1, Block 1; Thence, South 07°53'29" East, 715.58 Feet, to the North Right -of -Way of a portion of Kosar Street, closed and retained as a utility easement by Ordinance No. 20038, and as shown on said plat of Del Mar College East Campus, for the Point of Beginning and North corner of this Tract; Thence, South 62000126" East, 206.13 Feet, for the East corner of this Tract; Thence, South 28°02'09" West, 50.00 Feet, for the South corner of this Tract, from Whence, a 5/8 Inch Iron Rod (Bent) Found, for a South corner of the said Lot 1, Block 1, bears South 02°35'55" West 1394.58 Feet; Thence, North 62°00'26" West, 206.13 Feet, for the West corner of this Tract; Thence, North 28°02'09" East, 50.00 Feet, to the Point of Beginning, containing 0.237Acres (10,306 Square Feet) of Land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from record information and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract d, James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1258001B7001OFFICEIMETES AND BOUNDSIMB_25800B700_20170121_EasementClosure_North.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 "Point of Commencement" 450 300 150 0 300 600 Graphic Scale 1 "=300' 0 116 Utility Easement Closure 0.237 Acres 10,306sf h Fa ./ e Ste. t Sketch to Accompany FIELDNOTES, for a 0.237 Acre, Easement Closure, over and across Lot 1, Block 1, Del Mar College East Campus, a map of which is recorded in Volume 53, Page 103, Map Records of Nueces County, Texas. Ben / �s. LINE BEARING DISTANCE L1 562'00 26`E 206.13 L2 528'02'09-W 5600' L3 N62'00'26'W 206.13' L4 N2W02`09"E 50.00' Legend: • 5/8 Inch Iron Rod Found URBAN ENGINEERING 1EPE MY 140. 145, ,eras F1151 140. 10032400 2725 SW.U4111Fn oR. acarus CHRIST. Tx 75404 RICHE 351.1014.31M m.54/eulQ4& I Exhibit B DATE: January 21, 2017 SCALE: 1"=300' JOB NO.: 25800.87.00 SHEET: 1 of 2 DRAWN BY: XG urbansurveyl®urbaneng.com SAS" 11VPVInn175Rflf11R7f1f1175R00R700 701701 71 FASFMFNT(I f)SI JRF NORTH diwn 1/76/2617 R•44•�4 AM County of Nueces City of Corpus Christi Location Map URBAN ENGINEERING MPS F331 N0. 145. TBPLS F884 R0. 10332400 2725 SWARTHIER OR, CCRPUS GRIST, TX 73404 PHON3: ww.umurtewccu Exhibit B DATE: January 21, 2017 SCALE: None JOB NO.: 25800.87.00 SHEET: 2 of 2 DRAWN BY: XG urbonsurveyluurbaneng.com ci 1rvPvinn\75 Rf1f11R7f1(1175R0f1R7CM 201711121 FASFMFNTC] CKI IRF NCIRTH rlwn 1 /76/7[}17 R•44.46 AM Exhibit C 0.390 Acre Easement Closure STATE OF TEXAS COUNTY OF NUECES Job No. 25800.B7.00 January 21, 2017 Fieldnotes, for a 0.390 Acre, Easement Closure, over and across Lot 1, Block 1, Del Mar College East Campus, a map of which is recorded in Volume 53, Page 103, Map Records of Nueces County, Texas; said 0.390 Acre Tract, being more fully described by metes and bounds as follows: Commencing, at a 5/8 Inch Iron Rod Found, on the East Right -of -Way of Ayers Street, a public roadway, for a North corner of the said Lot 1, Block 1; Thence, South 03°15'08" East, 1001.62 Feet, to the North Right -of -Way of a portion of Carter Street, closed and retained as a utility easement by Ordinance No. 20038, and as shown on said plat of Del Mar College East Campus, for the Point of Beginning and North corner of this Tract; Thence, South 62°00'16" East, 245.91 Feet, for a corner of this Tract; Thence, South 16°57'51" East, 30.30 Feet for a corner of this Tract; Thence, South 62°00'16" East, 120.73 Feet, for a corner of this Tract; Thence, South 16°57'51" East, 36.76 Feet for the East corner of this Tract; Thence, South 28°02'09" West, 2.55 Feet, for the South corner of this Tract, from Whence, a 5/8 Inch Iron Rod (Bent) Found, for a South corner of the said Lot 1, Block 1, bears South 05°13'10" West 1008.52 Feet; Thence, North 62°00' 16" West, 414.06 Feet, for the West corner of this Tract; Thence, North 28°02'09" East, 50.00 Feet, to the Point of Beginning, containing 0.390 Acres (16,990 Square Feet) of Land, more or Tess. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from record information and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal ture, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy, 1;,,,4j:•-•.-.. e Also reference accompanying sketch of tract described/ sin. JAMES DAVID GARR 6 6458 James D. Carr, R.P.L.S. License No. 6458 S:\Surveying1258001B7001OFFICE\METES AND BOUNDS\MB_258008700_20170121_EasementClosure_South.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www,urbaneng,com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 g //0• 450 300 150 0 300 600 "Point of 6 a \ Graphic Scale 1"=300' C60,4 '"---4901#6 \e°1#e \ Utility Easement \ To \ Closure �'9k; ''� 0.390 Acres ~ \S S t \16 990sf iIil 2 y ~ OO�QSSQsej�e )!\ \ \ \ is, O p (ooc /---, / \ . \,s,,'"-- .0,,. \ R S C q 102 2 jQ ,�\ (\\oSPc \ / / C p o early °rds Set. eee Sketch to Accompany FIELDNOTES, for a 0.390 Acre, Easement Closure, over and across Lot 1, Block 1, Del Mar College East Campus, a map of which is recorded in Volume 53, Page 103, Map Records of Nueces County, Texas. Ben 3S' /4 - LINE BEARING DISTANCE L1 662'0016"E 245.91 L2 616'57'51"E 30.30' L3 S62'00'16 E 120.73' L4 S16'57'51`E 36.76' L5 S28'02'09`W 2.55' L6 N62'00'16"W 414.06' L7 N28'02'09"E 50.00' Legend; • 5/8 Inch Iron Rod Found URBAN ENGINEERING SSPE flRl4 NO. 145. TOPLS r NO. 10032400 2725 SWANINER OR. CORPUS CHRIS71, TX 75404 PHONE 361.854.3101 VIIN.IINOANE740.00N Exhibit D DATE: January 21, 2017 SCALE: 1"=300' JOB NO.: 25800.67.00 SHEET: 1 of 2 DRAWN BY: XG u roan su rveyl Cu rb a n en g. com cAciervavinn\75Rlf11R7f10175Rlf1R7Of1 7I 17f1171 FASFMFNTf I f511RF Sot ITH riwn 1/26/7017 /7017 R••10•44 AM G° County of Nueces City` of Corpus Christi Location Map ENGINEERING Exhibit D DATE: January 21, 2017 SCALE: None JOB NO.: 25800.87.00 SHEET: 2 of 2 DRAWN BY: XG urbansurveyl curbaneng.com S-\Stirvavinn175R(1(11R7{1f1175M)f1R7f)O 7(117(1171 FASFMFNTCI (KIIRF SfLITI-I rlwn_ 1/7(,/7017 R•iO•S4 AM Aerial Overview CLOS-URE • • c'J. nyaK, C 71, DD ` }jl�l7ju �, ` "i�.,3, C�Z.uL' i7�c Pi ,i�l'C ' 1"e � .-3 . M JJ::- [ aatnrr7ptala7 ^,alll_i Gl" Nk arfir Vicinity Map t N Proposed Buildings Del Mar College East Campus -50 300 150 0 °CI Graphic. Scale 300' Vtl itY Egawrient $en' Lenon d- 2tlO 6•E i6 2-1,3xgq E + 5/8 Inch Iron Rod Found AGENDA MEMORANDUM Future Item for the City Council Meeting of April 11, 2017 Action Item for the City Council Meeting of April 18, 2017 DATE: April 11, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha(c�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2@cctexas.com (361) 826-3169 Service Agreement for Emergency Medical Services "EMS" Billing and Collection Services CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation of Fort Lauderdale, Florida for Emergency Medical Services "EMS" Billing and Collection Services in accordance with Request for Proposal No. 984, based on best value with a not -to -exceed amount totaling $9,351,660.00. The contract not -to -exceed amount is the possible amount based on a 100% collection rate, and does not include the potential revenue that will be owed to the City. The current collection rate in 2015 was 36.95%, and in 2016 it was 39%. The recommended contractor has outlined a program to increase the collection rate. The term of the contract will be for three years with up to two additional one year extension option periods. PURPOSE: Staff is recommending a service agreement with Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation for EMS Billing and Collection Services. BACKGROUND AND FINDINGS: The contractor will capture data entered by paramedics in the field for emergency medical services provided during ambulance emergency calls. The data will be screened, filtered and authenticated with patient eligibility requirements under Medicare and Medicaid programs, private party insurance and/or direct patient responsibility. The data will be downloaded into the contractor's billing system, which will generate a bill to the responsible party. The contractor will also be responsible for pursuing collection efforts for those accounts that become delinquent. The contractor will also provide supplemental payment recovery assistance services to assist the City in participation in the Texas Ambulance Supplemental Payment Program to capture revenue not collected under the previous contract. The Corpus Christi Fire Department currently operates on a 24 hour, seven days a week schedule, with 12 licensed ambulances. During FY 2014-2015, a total of 39,401 incidents required ambulance dispatch. The number of transports was 24,073 and non -transports was 15,328. The contract includesl8 new laptops loaded with the necessary software which will be replaced after the initial three year term. The contractor will host the data on a web based server at a remote location, issue bills to ambulance customers, deposit funds collected to the City. The request for proposal (RFP) was advertised and released on December 28, 2016 and a pre -proposal conference was held January 9, 2017. Eight proposals were received February 13, 2017, and were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firms experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. The firms were also interviewed and scored based on the same published criteria and a final score was developed for each firm. The final scores ranged from a low of 22 to a high of 97.75 and staff recommends awarding a service agreement to Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation as the highest scoring proposer. ALTERNATIVES: No viable alternative exists. The existing contract will expire on May 31, 2017. If the recommended contract is not awarded, billing for EMS services will cease and revenue will not be collected. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Fire FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $457,497.33 $9,101,660.00 $9,559,157.33 Encumbered / Expended Amount $162,551.45 $0.00 $162,551.45 This item $250,000.00 $9,101,660.00 $9,351,660.00 BALANCE $44,945.88 $0.00 $44,945.88 Fund: General Comments: The department has and expense budget of $250,000.00 available for the contract in FY2015-2016, the future expense budget will be requested during the normal budget process. RECOMMENDATION: Fire Department staff recommends the approval of the service agreement. LIST OF SUPPORTING DOCUMENTS: Service Agreement Form 1295 Evaluation Matrix SERVICE AGREEMENT NO. 984 EMERGENCY MEDICAL SERVICES ("EMS") BILLING AND COLLECTION SERVICES THIS EMS Billing and Collection Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide EMS Billing and Collection Services in response to Request for Bid/Proposal No. 984 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide EMS Billing and Collection Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. As consideration for the services performed by the Contractor hereunder, City shall pay Contractor 4.96% per month of net collections from billing for emergency medical services. City shall pay Contractor 4.96% per month of net collections from Texas Ambulance Supplemental Payment Program. City shall pay Contractor 6.00% per month of net collections from collection of delinquent accounts up to 120 days Page 1 of 8 old. City shall pay Contractor 20.00% per month of net collections from collection of delinquent accounts past 120 days old. Net collections shall be defined as the total sum of all monies collected by Contractor for all EMS rendered by City including delinquent accounts, less amounts refunded or credited to patient or third party payer as a result of overpayments, erroneous payments or bad checks. On a monthly basis, Contractor shall submit an invoice listing the total number of paid claims. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Payment and compensation for the initial term of this agreement shall not exceed $9,351,660.00. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Assistant Fire Chief Kenneth Erben Corpus Christi Fire Department (361) 826-3931 KennethE@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is Page 2 of 8 incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to Page 3 of 8 fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Kenneth Erben Assistant Fire Chief - Operations Page 4 of 8 2406 Leopard St., Suite 200, Corpus Christi, TX 78408 (361) 826-4223 IF TO CONTRACTOR: Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation Attn: Michael Silk Title: Senior Director of Business Development Address: 78 Regency Parkway, Mansfield, TX 76063 Fax: (954) 308-8725 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. Page 5 of 8 (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Page 6 of 8 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Business Associate Agreement. The Contractor acknowledges and agrees that as relates to use and disclosure of Protected Health Information under the Health Insurance Portability and Accountability Act of 1996, as amended, they are subject to the terms of the Business Associate Agreement set forth in Attachment E. 25. Collections. Contractor's collection efforts must be conducted through proper and lawful means without threats, intimidation, or harassment of the debtor in full compliance with the Fair Debt Collection Practices Act (FDCPA) and any other applicable federal or state law. 26. Non -Discrimination. Contractor shall not discriminate on the basis of sex, race, creed, color, national origin or disability in regard to collection efforts and employment decisions. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 7 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Business Associate Agreement Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 984 Exhibit 2: Contractor's Bid/Proposal Response Approved as to legal form: Page 8 of 8 Buck Brice Assistant City Attorney For City Attorney Attachment A: Scope of Work 1. Scope of Work 1. The Contractor shall provide billing of accounts receivable using the necessary billing forms for various third party payors in the following financial class: A. Self -pay B. Commercial Insurance C.Blue Cross, Blue Shield D. Medicare E. Medicaid F. Worker's Compensation G. Personal Injury Protection (Auto Insurance) 2. The Contractor shall code each new receivable in one of the financial classes from the list above. 3. The Contractor shall prepare and mail an initial insurance bill to the appropriate third party payor within 10 working days from the date on which the receivable is made available for billing. 4. The Contractor shall be able to export the patient report data from the current Electric Patient Care Report (ePCR) provider (Emergidata [RescueMedic] of Richardson, TX) and pull that data into the billing software for accurate billing. If the ePCR system is changed during the contract term, the Contractor shall be responsible for all necessary interface components (hardware and software) and technical support for receiving and translating transport records from the new ePCR system. The contractor shall also insure that any ePCR provider chosen shall interface with the current CAD system (Intergraph). 5. The Contractor shall obtain any missing data necessary for billing through available databases, telephone queries from either the receiving hospital or from the patient, using mail only if telephone contact numbers are unavailable. 6. The Contractor shall send a written follow up request for payment to the appropriate third party within 45 days of the initial billing if the receivable remains outstanding. 7. The Contractor shall be cognizant of and abide by the billing requirements dictated for Medicare, Medicaid and Worker's Compensation patients. The Contractor shall adhere to the contractual restrictions inherent in these billings and must hold the City of Corpus Christi harmless for any billing errors. The Contractor shall also be cognizant of and abide by any other normal billing practices in the industry in accordance with all applicable State and Federal Page 1 of 8 laws per the Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act. 8. The ePCR provider shall ensure that all data is gathered in electronic format and report to the designated State of Texas registry on a monthly basis, all information as necessary to keep the City in compliance with EMS and trauma registries. In addition, the EMS Billing Contractor in conjunction with the ePCR vendor shall submit a report to the Contract Administrator detailing the registry submitted on a monthly basis. (See Texas Administrative Code, Title 25, Part 1, Ch. 103, 103.1 - 103.8) 9. The Contractor must deposit payment within 24 hours of receipt. The City requires that the Contractor use a lockbox for daily payment processing with deposits process to the City's depository account. The Contractor will receive notifications of ACH (automated clearing house) electronic deposit and will post these deposits no later than the next business day after the date received. The contractor must email daily deposit reports as directed by the City Treasure. 2. Ambulance Rates Ambulance rates for emergency medical services are charged as follows: Page 2 of 8 Service or Item Fee Per Service or Item $800.00 (1) EMS 911 base rate - Transport (2) EMS 911 base rate - No transport 125.00 (3) Adenosine 50.00 (4) Albuterol 5.00 (5) Atropine 5.00 (6) Bandage/bandaging 9.00 (7) Bedpan/urinal 2.00 (8) Benadryl 5.00 (9) Bite stick 2.00 (10) Blanket (disposable) 7.00 (1 1) Burn sheet 8.00 (12) Bag Valve Mask 20.00 (13) Capnography (Capnoline) 90.00 (14) Cervical collar 21.00 Page 2 of 8 (15) Cold pack 3.00 (16) Collection bag/basin 2.00 (17) Combi/king - tube airway 90.00 (18) Defibrillation pads 40.00 (19) Dextrose 10.00 (20) Glucose test strip 2.00 (21) EKG, non 12-lead 50.00 (22) EKG, 12 lead 100.00 (23) Endotracheal tube 15.00 (24) Endotracheal tube holder 5.00 (25) Epinephrine (1:1000) 5.00 (26) Epinephrine (1:10000) 9.00 (27) Glucose paste 5.00 (28) Head immobilizer 10.00 (29) Hot pack 2.00 (30) Intubation 75.00 (31) Intraosseous infusion 150.00 (32) Intravenous (IV) pad 15.00 (33) Intravenous (IV) infusion 35.00 (34) Intropine 10.00 T (35) Lasix 10.00 (36) Lidocaine 2% 5.00 (37) Lidocaine drip 20.00 (38) Liquid acetaminophen 5.00 (39) Morphine 25.00 (40) Narcan 15.00 (41) Nebulizer mask 5.00 (42) Nitrospray 5.00 (43) Normal Saline 1000 ml 20.00 (44) Normal Saline 500 ml 15.00 (45) Norma Saline 250 ml 10.00 (46) Normal Saline 100 ml 5.00 (47) Normodyne 10.00 Page 3 of 8 (48) Obstetrical kit 12.00 (49) Oral airway 3.00 (50) Oxygen 35.00 (51) Oxygen mask 10.00 (52) Pitocin 5.00 (53) Pulse oximetry 50.00 (54) Sodium bicarbonate 15.00 (55) Solu-medrol 5.00 (56) Spinal immobilization 35.00 (57) Splint 30.00 (58) Suction 10.00 (59) Thiamine 7.00 (60) Valium 25.00 (b) Supplementary charges: (1) Providing a mileage charge of fifteen dollars ($15.00) per mile from patient pick- up point to the hospital. (2) Providing a fee for responding to a medical alarm which is a malfunction, no one at home, no one injured, sixty dollars ($60.00). Providing a charge of one hundred twenty-five dollars ($125.00) for emergency medical services provided to non-residents. (4) The city manager is authorized to establish charges, not to exceed the reasonable cost of providing the service, for other supplementary services such as providing standby equipment and crews at special events and attending training courses. Providing a charge of forty-five dollars ($45.00) for additional personnel when needed to provide patient care during transport. (c) Review of charges. The Corpus Christi EMS ambulance service rates shall be reviewed as needed to determine the need for adjustments. (3) (5) Page 4 of 8 3. Billing and Collection Information Billing and Collection information for FY 14 - 15 is as follows: Charges Charges $22,998,866.50 Adjustments $ 7,628,131.59 Net Charges $15,370,734.59 Payments Medicare Payments $2,608,786.93 Medicaid Payments $1,262,030.15 Insurance Payments $1,631,633.46 Private Payments $ 177,124.02 Total Payments $5,679,574.56 Charges by Service Level - ALS ALS Service Charges $12,144,800.00 Mileage $ 1,033,720.50 Supplies $ 2,269,597.00 Charges by Service Level - BLS BLS Service Charges $ 6,496,000.00 Mileage $ 515,481.00 Supplies $ 539,268.00 Page 5 of 8 4. Delinquent Accounts 1. The Contractor must provide a procedure for collection of delinquent accounts, for those accounts unpaid for 120 days after the first billing. The Contractor must establish a systematic collection procedure including telephone, mail and/or personal contact to collect delinquent accounts. The Contractor must describe the collection procedure in a narrative and include in the narrative the collection methodology, expected collection rates and past history in collecting delinquent accounts. 2. The Contractor will assist the Contract Administrator in establishing the amounts for allowance to bad debt and the amount necessary for the Medicare and Medicaid contractual allowances in order that reserves may be properly stated on the financial statement. 3. The Contractor may authorize self -pay patients to liquidate any outstanding balance by installment method. The minimum payment on the installments shall be $35.00 per month or 1/12 of the original outstanding balance, whichever is greater. No interest may be charged. 4. Contractor must follow Title 5, Chapter 392 of the Texas Finance Code (Debt Collection Act) on all contacts on delinquent accounts. 6. Supplemental Billing The City requests that the contractor provide the following services with regard to participation in the Texas Ambulance Supplemental Payment Program (TASPP) for consideration. The City has received approval for Supplemental Billing effective November 22, 2016. These services should be provided separately from the required services outlined above. 1. Provide supplemental payment recovery assistance services to assist the City in participation in the TASPP which responsibilities to include: A. Advising and assisting the City will annual enrollment in TASPP B. Managing program applications and required cost reports for the City in accordance with the TASPP C. Managing the TASPP pre -cost report submitted process for the City which may also include: developing and submitting the provider approval materials to the Texas Health and Human Services Commission (HHSC) on behalf of the City, receiving the provider approval from HHSC for the City's participation in the TASPP and developing and submitting the Cost Allocation Model and Report on behalf of the City for review as part of the TASPP D. Changing and finalizing the Cost Allocation Model during HHSC's review of the Cost Allocation Model and Report to meet HHSC's requirements E. Preparing and submitting HHSC Ambulance Services Cost Report on an annual basis as required by TASPP F. Assisting the City with submitting other annual reports as required by the TASPP G. Ensuring that cost report preparer(s) engaged on behalf of the City by the vendor are certified in accordance with all applicable rules, laws and regulations Page 6 of 8 H. Ensuring that it utilizes separate staff for billing and cost report preparation services provided to the City 7. Reports At a minimum, the following reports shall be provided on a monthly basis in electronic (Excel) format: 1. Amount billed by patient 2. Amount collected by patient and by type of payee 3. Accounts Receivable Summary 4. Accounts Receivable Aging Report 5. Vendor performance analysis report detailing billing, collection, adjustments with dollar amounts and quantities as well as collection rates. Two collection rates will be calculated, one rate including adjustments and one rate without adjustments 6. Non -transport Summary Report 7. Transport Reconciliation Report 8. Report of Collections 9. Collections / Refund Summary 10. Report of Revenue Adjustments 11. Bad Deb Write Off & Government Non -Allowable Detail 12. Fiscal Year Monthly Net Collection Comparison 13. ALS -BLS Service Mix 14. Other reports as requested by the Contract Administrator 8. Hardware and Software 1. The Contractor shall initially replace all 18 laptops every three years to include revised software programs, licenses and hardware. Costs of laptops will be factored in the percentage of the billing. 2. The Contractor shall obtain at its costs the EMS data collection software and related licenses for all ambulance units, as selected by the City EMS Department. 3. The Contractor must be able to switch ePCR vendors to interface to the City's existing ePCR software in order to receive patient data electronically should the City decide to keep current ePCR provider. Model specifications: C -20A5184VM Win10 Pro, Intel Core m5-6Y571.10GHa, vPro,1O1" WUXGA 14 -pt Gloved Multi Touch, 8GB, 2.56GB SSD, Intel WiFi a/b/g/n/ac, TPM, Bluetooth, Dual Pass (Ch1:WWAN/Ch2:WWAN), 2nd USB, Contactless Smartcard/h1FC, 4G LTE Multi Carrier (EM7355), Webcam, BMP Cam, Bridge Battery, Emissive Backlit Keyboard, Toughbook Preferred For each machine, in addition to specs above, add: -secondary battery (CF-VZSUOQW) Page 7 of 8 - screen protectors (CV-VPF31 U), - AC adapters 65W (CF-AA6413CM) - 40 extra styluses and tethers for CCFD to keep as in house inventory (CF- VNP022U & CF-VNTOO2U) 9. Training The Contractor shall provide annually, continuing education in medical documentation of ambulance transports to all ambulance paramedics. Page 8 of 8 Attachment B: Bid/Pricing Schedule DATE: February 10, 2017 CITY OF CORPUS CHRISTI Revised Pricing Form PURCHASING DIVISION RFP No. 984 EMS Billing and Collection Services Advanced Data Processing, Inc., a subsidiary of PROPOSER Intermedix Corporation 1. Refer to "Instructions to Proposers" and Cont proposal. 2. Quote your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has operated continuously for a minimum of 3 years as an established firm in providing EMS Billing and Collection Services. d. Proposer does not have any outstanding regulatory issues nor has the Proposer been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. e. Proposer must not have any outstanding regulatory issues nor has the Proposer had any regulatory issues during the last 5 years that may materially affect its ability to provide the services described herein. f. Proposer must not be currently involved in litigation with the City nor has the Proposer been involved in litigation with the City during the last 5 years. g. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. PAGE 1 OF 2 n-. THOR ED SIGNATURE en Cooke, President and Chief Operating Officer ct Terms and Conditions before completing ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1.0 Percentage of collections charged for billing of ambulance bills (net charges after adjustments) $15,370,734 % 4.96% $762,388 2.0 Percentage of collections charged for collection of current outstanding receivables at time of award. a. Up to 120 days old $2,010,695 % 6.00% $120,641 b. Past 120 days old $8,719,345 % 20.00% $1,743,869 Page 1 of 2 ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 3.0 TASPP Services Percentage of collections from state $9,885,523 % 4.96°1° $490,322 TOTAL $3,117,220 Page 2 of 2 Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability by endorsement, and a waiver of subrogation endorsement is required on GL. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate ERRORS AND OMMISSIONS $1,000,000 Per Occurrence C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS Page 1 of 3 A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements CCFD Collections/Billing 12/07/2016 cg Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Requirements There is no warranty required under this service; the service shall be performed as specified under Attachment A: Scope of Work. Page 1 of 1 Attachment E: Business Associate Agreement This Privacy Agreement ("Agreement") is effective upon signing this Agreement and is entered into by and between City of Corpus Christi ("City") and Contractor (the "Business Associate"). 1. Term. This Agreement shall remain in effect for the duration of the Service Agreement the Business Associate has with City for EMS billing and collections, and shall apply to all of the Services provided by the Business Associate pursuant to this Agreement. 2. HIPAA Assurances. In the event Business Associate creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medical information defined as Protected Health Information ("PHI") in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations ("HIPAA") and otherwise meets the definition of Business Associate as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), Business Associate shall: (a) Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to a business associate of the City in the same manner that such sections apply to the City; (b) Not use or further disclose the PHI, except as permitted by law; (c) Not use or further disclose the PHI in a manner that had City done so, would violate the requirements of HIPAA; (d) Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for by this Agreement; (e) Comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of the City; (f) Report promptly to the City any security incident or other use or disclosure of PHI not provided for by this Agreement of which Business Associate becomes aware; (g) Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the Business Associate obligations under this paragraph and agree to the same restrictions and conditions; (h) Make available PHI in accordance with the individual's rights as required under the HIPAA regulations; (i) Account for PHI disclosures for up to the past six (6) years as requested by City, which shall include: (1) Dates of disclosure, (2) names of the entities or persons who received the PHI, (3) a brief description of the PHI disclosed, and (4) a brief statement of the purpose and basis of such disclosure; Page 1 of 3 (j) Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer's compliance with HIPAA; and (k) Incorporate any amendments or corrections to PHI when notified by Customer or enter into a Business Associate Agreement or other necessary Agreements to comply with HIPAA. 3. Termination upon Breach of Provisions. Notwithstanding any other provision of this Agreement, City may immediately terminate this Agreement and the Service Agreement if it determines that Business Associate breaches any term in this Agreement. Alternatively, City may give written notice to Business Associate in the event of a breach and give Business Associate five (5) business days to cure such breach. City shall also have the option to immediately stop all further disclosures of PHI to Business Associate if City reasonably determines that Business Associate has breached its obligations under this Agreement. In the event that termination of these Agreements is not feasible, Business Associate hereby acknowledges that the City shall be required to report the breach to the Secretary of the U.S. Department of Health and Human Services, notwithstanding any other provision of these Agreements to the contrary. 4. Return or Destruction of Protected Health Information upon Termination. Upon the termination of this Agreement, unless otherwise directed by City, Business Associate shall either return or destroy all PHI received from the City or created or received by Business Associate on behalf of the City in which Business Associate maintains in any form. Business Associate shall not retain any copies of such PHI. Notwithstanding the foregoing, in the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible upon termination of this Agreement, Business Associate shall provide to City notification of the condition that makes return or destruction infeasible. To the extent that it is not feasible for Business Associate to return or destroy such PHI, the terms and provisions of this Agreement shall survive such termination or expiration and such PHI shall be used or disclosed solely as permitted by law for so long as Business Associate maintains such Protected Health Information. 5. No Third Party Beneficiaries. The parties agree that the terms of this Agreement shall apply only to themselves and are not for the benefit of any third party beneficiaries. 6. De -Identified Data. Notwithstanding the provisions of this Agreement, Business Associate and its subcontractors may disclose non -personally identifiable information provided that the disclosed information does not include a key or other mechanism that would enable the information to be identified. 7. Amendment. Business Associate and City agree to amend this Agreement to the extent necessary to allow either party to comply with the Privacy Standards, the Standards for Electronic Transactions, the Security Standards, or other relevant state or federal laws or regulations created or amended to protect the privacy of patient information. All such amendments shall be made in a writing signed by both parties. 8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits City to comply with the then most current version of HIPAA and the HIPAA privacy regulations. Page 2 of 3 9. Definitions. Capitalized terms used in this Agreement shall have the them as outlined in HIPAA and its related regulations. 10. Survival. The obligations imposed by this Agreement shall survive termination of this Agreement. CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Approved as to legal form: Buck Brice Assistant City Attorney For City Attorney meanings assigned to any expiration or Page 3 of 3 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-182490 Date Filed: 03/24/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation Fort Lauderdale, FL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi (TX) a Texas Municipal Corporation 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract #984 EMS billing, collection and related consulting services and equipment. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X iliiiiti, ott 6 AFFIDAVIT `,• W 841/j e', '' ',I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. • $TATE • iYE IU/LIC • Signature of aut orized agent of contracting business entity • %AFFIX NOTARY S1 � 14BOVE Sworn to and subscribed before me, by the said SVP and General Counsel , this the 24th day of March 20 17 , to certify which, witness my hand and seal of office. Office Coordinator, Notary Public 1 C j a /� Linda W. Smith Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 RFP No. 984 EMS Billing and Collection Services - Summary Evaluation Marix Proposal Evaluation p "AMB" Ambulance Medical Billing Emergicon McKesson Corporation Digitech Computer, Inc. Life Line Billing Systems, LLC d/b/a LifeQuest Services EMS Management Consultants, Inc. Advanced Data Processing, Inc., a subsidiary of Intermedia Corporation A/R Concepts, Inc. Minimum Qualifications Required three years in business No outsanding lawsuits during last 5 years No outsanding regulatory issues last 5 years No current litigation ith the City during the last 5 years References Provided for firm Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Technical Proposal Technical Proposal (50 points) 27.75 36.75 50 50 46.75 47.75 50 22 Experience (18 points) Team Experience (18 points) Understanding of Project Scope (14 points) Interview Interview (30 points) 0 0 24.25 22 21.25 27.25 27.75 0 Experience Team Experience Understanding of Project Scope Price Price (20 points) 0 0 17.35 19.58 16.42 17.05 20 0 Total 27.75 36.75 91.6 91.58 84.42 92.05 97.75 22 RFP No. 984 EMS Billing and Collection Services - Technical Proposal Results After the evaluation committee reviewed and scored the technical proposals for RFP No. 984 EMS Billing and Collection Services, it was determined that there is a 10 point or greater difference between proposers 5, 6, 7 and 8 but only a 3.25 point difference between proposers 1 through 5. Recognizing a natural break, I recommend to invite the top five firms to move forward to the interview portion of the evaluation process. Procurement Officer Procurement Manager Date Date Firm Names Committee Member#1 Committee Member#2 Committee Member#3 Committee Member#4 Average 1. Digitech 50 50 50 50 50 2. McKesson 50 50 50 50 50 3. Advanced Data Processing, Inc. dba Intermedix 50 50 50 50 50 4. EMS/MC 50 46 45 50 47.75 5. LifeQuest 50 43 44 50 46.75 6. Emergicon 32 42 41 32 36.75 7. A/R Concepts 12 29 33 14 22 8. AMB 25 28 33 25 27.75 After the evaluation committee reviewed and scored the technical proposals for RFP No. 984 EMS Billing and Collection Services, it was determined that there is a 10 point or greater difference between proposers 5, 6, 7 and 8 but only a 3.25 point difference between proposers 1 through 5. Recognizing a natural break, I recommend to invite the top five firms to move forward to the interview portion of the evaluation process. Procurement Officer Procurement Manager Date Date RFP No. 984 EMS Billing and Collection Services - Interview Results Firm Names Committee Member#1 Committee Member#2 Committee Member#3 Committee Member#4 Average 1. Digitech 22 18 19 29 22 2. McKesson 24 27 22 24 24.25 3. Advanced Data Processing, Inc. dba Intermedix 30 27 24 30 27.75 4. EMS/MC 28 28 23 30 27.25 5. LifeQuest 25 22 19 19 21.25 RFP No. 984 EMS Billing and Collection Services - Pricing Points Firm Names Percentage of collections charged for billing of ambulance bills (net charges after adjustments) Percentage of collections charged for collection of current outstanding receivables at time of award. (Up to 60 days old) Percentage of collections charged for collection of current outstanding receivables at time of award. (Up to 120 days old) TASPP Services Total Points 1. Digitech $15,370,734.00 $2,010,695.00 $8,719,345.00 $9,885,523.00 % 6.40% 10% 15% 7% $ $983,726.98 $201,069.50 $1,307,901.75 $691,986.61 $3,184,684.84 19.58 2. McKesson $15,370,734.00 $2,010,695.00 $8,719,345.00 $9,885,523.00 % 5.90% 5.90% 22.75% 5.90% $ $906,873.31 $118,631.01 $1,983,650.99 $583,245.86 $3,592,401.16 17.35 3. EMS/MC $15,370,734.00 $2,010,695.00 $8,719,345.00 $9,885,523.00 % 5.35% 9.95% 20% 9.00% $ $822,334.27 $200,064.15 $1,743,869.00 $889,697.07 $3,655,964.49 17.05 4. LifeQuest $15,370,734.00 $2,010,695.00 $8,719,345.00 $9,885,523.00 % 6.25% 6.25% 24% 6.25% $ $960,670.88 $125,668.44 $2,092,642.80 $617,845.19 $3,796,827.30 16.42 5. Advanced Data Processing Inc. dba Intermedix $15,370,734.00 $2,010,695.00 $8,719,345.00 $9,885,523.00 % 4.96% 6% 20% 4.96% $ $762,388.41 $120,641.70 $1,743,869.00 $490,321.94 $3,117,221.05 20.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 11, 2017 Action Item for the City Council Meeting of April 18, 2017 DATE: April 11, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(c�cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Solar Portable Restrooms Supply Agreement Packery Channel Improvements CAPTION: Resolution authorizing the City Manager, or designee, to execute a supply agreement with A.M.S. Global, Inc., of DeKalb, Texas, to furnish solar portable restrooms at Packery Channel for Beach Operations in an amount not to exceed $302,668.00, with funding available in the FY2016-2017 Tax Increment Reinvestment Zone #2 Fund. PURPOSE: This purchase will allow for solar powered portable restrooms to be used on Packery Channel beaches. BACKGROUND AND FINDINGS: This project is Phase 3 of the approved Packery Channel improvements. It is part of a multi -phased program to enhance the Channel area by including amenities for the use and enjoyment of the public. Several plans for restroom structures have been studied to identify a more cost effective way to provide restrooms on areas beaches. Utilizing solar powered restrooms on trailers was found to be the most efficient product available for this need. A.M.S. Global, Inc. is the sole provider of this product. The restrooms include stainless steel fixtures to make them extremely durable and easy to clean. The trailer tongue folds and locks away to prevent injury and to keep someone unauthorized from moving the trailer. It allows for portability to move the restrooms to keep up with area demand and remove the fixtures from the beach in advance of a severe weather event. ALTERNATIVES: The only alternatives are to provide traditional rental toilets or to not provide any type of restroom facilities which would not be practical for citizens and tourists who enjoy our beaches. OTHER CONSIDERATIONS: No other product available. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement as allowed by Texas Local Government Code, Section 252.022. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $312,000 $0.00 $312,000 Encumbered / Expended Amount 263,600 This item $302,668 $0.00 $302,668 BALANCE $9,332 $9,332 Fund(s): Tax Increment Reinvestment Zone #2 Comments: The $302,668.00 financial impact shown above represents the full cost of this item that will be encumbered this fiscal year. Funding for this item is available through the approved FY 2016 — 2017 Capital Improvement Program Budget and Tax Increment Reinvestment Zone #2 funding. RECOMMENDATION: The Island Strategic Action Committee reviewed the list of Packery Channel amenities on January 11, 2017 and voted to support the Phase 3 Restroom project. The Tax Increment Reinvestment Zone #2 Board reviewed and voted to support this project on February 21, 2017. Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Restroom Schematics Resolution authorizing the City Manager, or designee, to execute a supply agreement with A.M.S. Global, Inc., of DeKalb, Texas, to furnish solar portable restrooms at Packery Channel for Beach Operations in an amount not to exceed $302,668.00, with funding available in the FY2016-2017 Tax Increment Reinvestment Zone #2 Fund. WHEREAS, the Parks and Recreation Department is in need of portable restrooms at Packery Channel for Beach Operations; WHEREAS, solar portable restrooms on trailers provide an efficient way to meet the needs of Beach Operations in providing needed facilities to beach goers that include local citizens and tourists; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to patents or secret processes. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute a supply agreement with A.M.S. Global, Inc., of DeKalb, Texas, to furnish solar portable restrooms at Packery Channel for Beach Operations in an amount not to exceed $302,668.00, with funding available in the FY2016-2017 Tax Increment Reinvestment Zone #2 Fund. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 SUPPLY AGREEMENT NO. 1122 Solar Restrooms for Beach Operations THIS Solar Restroom Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and A.M.S. Global, Inc. ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Solar Restrooms in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Solar Restrooms in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for six months. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $302,668.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 7 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Russell Armstrong Department: Parks and Recreation - Beach Operations Phone: 361-826-4168 Email: russella@CCTEXAS.COM 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 7 D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Russell Armstrong Superintendent, Parks and Recreation Department - Beach Operations Address: 8185 Hwy 361, Corpus Christi, Texas 78418 Fax: 361.826.4464 IF TO SUPPLIER: A.M.S. Global, Inc. Attn: Meg Taaffe Secretary Address: 75 CR 3303, Dekalb, Texas 75559 Fax: 903.667.2515 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 7 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER M UST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 7 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 7 SUPPLIER Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. n/a Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 7 Attachment A - Scope of Work Background: The Parks and Recreation Department - Beach Operations has determined that there is a need at the city's beaches for some portable restrooms on trailers and has selected to use a solar version of these restrooms for efficiency. Scope: The supplier shall provide four sets of new Omega 20 ADA 3ST Solar Restroom Trailers. These restrooms shall be ADA compliant. All fixtures and accessories including all wall mounted sinks, mirrors, toilets, grab bars, tissue, paper towel, soap and trash receptables shall be stainless steel. Restrooms shall be as described on the cut sheet below. 37,013€4,900 2010 ADA compliant Retractable tongue & Lowers- to ground Electric over Hydraulic Disk Brakes No power required 60gamp Solar array 3 Jets„ Marine Toilets & VDDnrUltrria Vacuumarator"' 500 gallon waste tank capacity app_ 28x9 flushes 350 gallons fresh water storage app_ 2800 flushes 4 Trojan AGM Batteries 8 45 amp 120 vac charger Dusk till dawn LED fighting Wall hung fixtures AiI dispensers Stainless Steel Uses less than a quad per flush 5 solar ventilators 8 auto door closers Daily Duty Cycle 1140 flushes or more Thais 8 hours g 3 flushes a minute Automatic Electric Leveling Jacks. 16,000 Ib max 10,000 pound retractable suspension 17.5 x 675 Radial Tires 16 ply 8000 Ib ea Container Shipable 62 units to 40' container) All metal and composite construction LED 50,000 hour hum lighting and trailer lighting Liquefies all waste paper and hygienic products Self Pumping to Sewer Tap over 100 feet w110' head This Camara k the property or aid contains unpublished pupdelay tdmnabn aid trade secrets or AM.S. Global Eo 83 acre ttg pian at the tlocrrneril 'fie recprrd agrees b male rra ochres travecnpeues or ars' use or his itarnern re the I era on carie ed wen excepas artIKOzed by ANS. GI= 18 o0 Uhler ogees la bane Le tie thaererri aid 181m h to AM.S. GaulNuc. Iqm [Maid Q 78'x24• radius RH a 48'424' radius LH 32'x40^ lop hinge [S} 48^x24• radius RH Q 785E36' radius RH 1 78'424' radius LH en .5"t35.5' radius LH ANIS# GLOBAL. Omega 20 ADA 3ST 2010 Solar Fel h eTheae rertrooma are designed to be eonglllant %flh all current gu ktellnea se we are aware of _ Many guidelines have gray areae mid pokta open to Interpretation. Dreier/ enlarge may have dltterad Interpretations or local cllrterelDea_ We euggeot getting approvals of nnal plane ion the auh erltres In the Ictal the wit will be placed Approted by weml MSgbbal.us (877) 7E0-1213 iCopringM 2011 A.M.S. Global Inc. N nabs nmeraed Delivery: Delivery of the Restroom trailers will be to the Parks and Recreation Department - Beach Operations located at 8185 Hwy 361, Corpus Christi, Texas 78418. El 0 A ,, �eb%� 0 00 El 0 0 0 0 2010 ADA compliant Retractable tongue & Lowers- to ground Electric over Hydraulic Disk Brakes No power required 60gamp Solar array 3 Jets„ Marine Toilets & VDDnrUltrria Vacuumarator"' 500 gallon waste tank capacity app_ 28x9 flushes 350 gallons fresh water storage app_ 2800 flushes 4 Trojan AGM Batteries 8 45 amp 120 vac charger Dusk till dawn LED fighting Wall hung fixtures AiI dispensers Stainless Steel Uses less than a quad per flush 5 solar ventilators 8 auto door closers Daily Duty Cycle 1140 flushes or more Thais 8 hours g 3 flushes a minute Automatic Electric Leveling Jacks. 16,000 Ib max 10,000 pound retractable suspension 17.5 x 675 Radial Tires 16 ply 8000 Ib ea Container Shipable 62 units to 40' container) All metal and composite construction LED 50,000 hour hum lighting and trailer lighting Liquefies all waste paper and hygienic products Self Pumping to Sewer Tap over 100 feet w110' head This Camara k the property or aid contains unpublished pupdelay tdmnabn aid trade secrets or AM.S. Global Eo 83 acre ttg pian at the tlocrrneril 'fie recprrd agrees b male rra ochres travecnpeues or ars' use or his itarnern re the I era on carie ed wen excepas artIKOzed by ANS. GI= 18 o0 Uhler ogees la bane Le tie thaererri aid 181m h to AM.S. GaulNuc. Iqm [Maid Q 78'x24• radius RH a 48'424' radius LH 32'x40^ lop hinge [S} 48^x24• radius RH Q 785E36' radius RH 1 78'424' radius LH en .5"t35.5' radius LH ANIS# GLOBAL. Omega 20 ADA 3ST 2010 Solar Fel h eTheae rertrooma are designed to be eonglllant %flh all current gu ktellnea se we are aware of _ Many guidelines have gray areae mid pokta open to Interpretation. Dreier/ enlarge may have dltterad Interpretations or local cllrterelDea_ We euggeot getting approvals of nnal plane ion the auh erltres In the Ictal the wit will be placed Approted by weml MSgbbal.us (877) 7E0-1213 iCopringM 2011 A.M.S. Global Inc. N nabs nmeraed Delivery: Delivery of the Restroom trailers will be to the Parks and Recreation Department - Beach Operations located at 8185 Hwy 361, Corpus Christi, Texas 78418. Attachment B - Schedule of Pricing AMS A.M.S. GLOBAL, INC. 75CR3303 dirkIIGLEIEL6.1_ DENALI., TEXAS 75551 Name 7 Address Cdr of Campus CTuisti Carpus Christi Texas Quote Date 37612017 00613350 .Rep Peeled MI Item Description Qry Total OM 20 ADA 3SIS 20.._ OM 20ADA3ST Solar ltesrroom:Truly 278.400.110 Eateries .040 abmsimod Meier calor of choice 2010 ADA complied Rete c t le tioneue & beams to die ground Electric ova Hydraulic disk breis. No Naas: required 040 kym ithv spay Uses less than a guar pa awl Self pupping to sewer de ova 105 feel tafllF Lead 3 nes Marine Toilet & VOD ULTTMA V3c.i331151Dl 506 G was tails capadty approximately 2950 flushes 350 G hese water smrage appeasimately 28C6 flushes (6} Trojan AGM Bateries & 45 AMP . 120 Vac charge Duds 011 dawn LID riesling wall kung fere ei (5) solar vddilaors Auto dam demi Daily dere cydn 1440 flushes ormase Aurmimdc elecvir Lscelmg jacks 16.005 Ib map 10.000 b reeacable suspension 17.5 z 6.75 radia] teres 15 ply 5003 ]b ea All meal and caceposhe C+mtmtnien LED 50.006 Lr bum linhting and cranes lighting 1, DA ADA Module: lets Marine stainiess creel wad" hang mile, ADA mainless steel shall bug sink serum deee, grab rails. =Less Berl tissue.paper Kissel soap. trash circ eptele and mune 1 0.04 202 Unisex : Ina Maiue smm]e;s awl wall hung ioi el. iaialess see wan lung sink with mused faucet. saiules; seer. pacer salmi. tissue soap dispenser, crash lecepxarle said miner 2 0.00 ZIEESTO010SS CVS les Stainless Steel Toilet wall mounted 12 14,400.00 0000 Ca 1m.n deck 4 3,600.00 0000 Stainless steel wall moaned ADA sink 4 n800.00 0000 Stainless s>rel WE hung sink stimdad mu g 1;200.00 0000 Stainless seal minvms ea le nom cube 12 1,500.00 QliRARFudg]e Freig u to Corpus CLriid (4) mks nee charge 0310 Qua& valid fon 30 daps Tata s302,601.04 Attachment C - Insurance Requirements No insurance is required for this agreement. Attachment D - Warranty A.M.S. Global, INC.'S LIMITED WARRANTY PROGRAM TERMS OF A.M.S. Global, INC'S LIMITED WARRANTY DURATION OF WARRANTY A.M.S. Global, Inc. CAMS Global" or the Manufacturer") hereby warrants to the Original Purchaser that the Manufacturer shall repair any defects with the Trailer relating to materials or workmanship attributable to the Manufacturer, subject to the limitations and exclusions set forth below. AMS GLOBAL Oua l ity A s.0 reC 0 www.AMSgIobal.US mega J-5Er iEs TniIE# TrailEr By AMS Global Inc. Regardless of which modellbrand trailer you purchase, the following items are only warranted for a one (1) year period of time: Jacks, jack rams, electrical wiring, windows, sealants, doors, seals, locks, paint, plumbing, exterior metal, fasteners, and couplers. Finally, The DOT Wet Cell Battery is warranted for a six (6) month period of time. All warranty periods are measured from the date of purchase by the original purchaser. PERSONS ENTITLED TO ASSERT A WARRANTY CLAIM THIS WARRANTY MAY BE ENFORCED ONLY BY THE ORIGINAL PURCHASER OF THE TRAILER. THIS WARRANTY IS NOT TRANSFERABLE TO SUBSEQUENT OWNERS AND IS NOT APPLICABLE TO THE RENTAL OF ANY TRAILER OR ANY OTHER AMS GLOBAL PRODUCTS. LIMITATIONS AND EXCLUSIONS ITEMS EXCLUDED FROM WARRANTY None of the following components are covered by this Warranty: Tires, wheels, axles, axle assemblies, suspension components, ranges, refrigerators, air conditioners, and all other appliances. In addition, all components which are warranted separately by the respective manufacturers of these components, are not covered by this Warranty. AMS Global does not guarantee these warranties by other manufacturers, but any such claim made to AMS Global will be passed through to the manufacturer of the component at issue. CLAIMS EXCLUDED FROM THIS WARRANTY AMS Global is not responsible for claims relating to any of the following: (1) any type of defacing, including scratches, dents, chips, tears, or defacing on any surface not caused by the Manufacturer; (2) routine maintenance; (3) damage from unauthorized repairs, abuse, misuse, neglect, or overloading (as determined by the Gross Vehicle Weight Ratio ("GVWR"); (4) metal corrosion from fertilizers, cement, caustic chemicals, etc.; (5) damage caused from improper hitch ball or tow vehicle hook up; (6) damage to any contents of the Trailer, regardless of cause; (7) damage caused by loose or improperly torqued lug nuts; (8) paint, decals, or graphics regardless of cause; (9) off road usage; (10) damage from snow and/or ice accumulation on the Trailer's roof; (11) tow vehicle wiring, (12) tire alignment; (13) deterioration of paint or general appearance due to use and exposure; (14) damage caused by loose fasteners due to not maintaining necessary tightness of these items; (15) damage caused from towing a trailer under the 10,000 pound GVWR that is towed by any vehicle which exceeds a one (1) ton towing capacity; (16) damage caused by the use of a towing vehicle with a trailer that exceeds the tow vehicle's manufacturer's specification; (17) damage to any tow vehicle; (18) damage caused by acts of God or terrorism; (19) damage caused by theft or vandalism. THIS WARRANTY WILL BE VOIDED BY ANY REPAIR OR MODIFICATION TO THE TRAILER, OR ADDITION OF ACCESSORIES TO THE TRAILER BY ANYONE OTHER THAN AMS Global OR AN APPROVED DESIGNEE. The Manufacturer will not be responsible for work performed by a non -AMS Global dealer or service center, unless the Manufacturer gives prior written authorization. The Manufacturer's determination of whether the Trailer has been abused or misused by the Purchaser is final and binding on the Purchaser regarding the Purchaser's rights under this Warranty. THE MANUFACTURER'S OBLIGATION The Manufacturer's sole obligation under this Warranty and Purchaser's sole remedy is for the Manufacturer to repair all defects in materials and workmanship covered by this Warranty. The Manufacturer will not be obligated, in any way, to replace the Trailer or pay for any repairs made to the Trailer by the Purchaser without express prior written approval by the Manufacturer. AMS Global's repair facility will remedy all defects within a reasonable time. THE PURCHASER'S OBLIGATIONS — HOW TO OBTAIN WARRANTY SERVICE The Purchaser must notify his/her selling dealer of any defects in material or workmanship immediately upon discovery of the defect. It is the selling dealer's responsibility to notify the Manufacturer of any warrantable issues and to request authorization and replacement warranty parts. 2 The Purchaser is responsible for all costs, towing, and transportation charges incurred to obtain Warranty service, including towing, transportation, meals, and lodging expenses. LIMITATION OF LIABILITY IN CONNECTION WITH THIS WARRANTY, THE MANUFACTURER EXCLUDES ALL LIABILITY, WHETHER BASED ON CONTRACT (EXPRESS OR IMPLIED), TORT, OR PRODUCT LIABILITY, FOR ANY DAMAGES TO THE PURCHASER OR ANY OTHER PARTY OTHER THAN REPAIR OF ANY DEFECTIVE ITEM AS SET FORTH IN THIS WARRANTY. THE MANUFACTURER ALSO SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE, PROFITS, LOSS OF BUSINESS, LOSS OF USE OF THE TRAILER, ATTORNEY FEES, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE OR FAILURE OF THE TRAILER, EVEN IF THE MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MANUFACTURER'S LIABILITY UNDER THIS WARRANTY DOES NOT INCLUDE, AND SPECIFICALLY EXCLUDES, LIABILITY FOR THE PURCHASER'S HOTEL OR OTHER LODGING EXPENSES, FOOD AND OTHER LIVING OR TRAVEL EXPENSES, AND FUEL EXPENSES. THIS DISCLAIMER OF LIABILITY SHALL NOT BE AFFECTED EVEN IF ANY REMEDY PROVIDED IN THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. DISCLAIMER OF IMPLIED WARRANTIES THE MANUFACTURER MAKES NO EXPRESS OR IMPLIED WARRANTIES OTHER THAN AS SPECIFICALLY SET FORTH IN THIS WARRANTY. THE TRAILER IS SOLD "AS IS" AND NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH DESCRIPTION, OR NON - INFRINGEMENT IN CONNECTION WITH ANY SALE EXIST. THIS LIMITED WARRANTY DOES NOT COVER FAILURE OF THE TRAILER RESULTING FROM CAUSES OTHER THAN TRAILER DEFECTS, INCLUDING BUT NOT LIMITED TO IMPROPER MAINTENANCE, IMPROPER USE, OR ANY OTHER SUCH CAUSE. If any provision of this Warranty is held to be illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain effective. Some states do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the limitations and exclusions above may be limited in their application. When the implied warranties cannot be excluded in their entirety, they will be limited to the duration of the express written terms of this Warranty. 3 DESIGN CHANGES The Manufacturer reserves the right to change the design of its Trailers from time to time without notice and with no obligation to make corresponding changes in any Trailers previously manufactured. LEGAL REMEDIES OF PURCHASER THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. No action to enforce this Warranty shall be effective if it is commenced after the expiration of the applicable Warranty Periods set forth above, or later than 180 days after the discovery of the defect—whichever date is earliest. 4 oo Dear Valued Customer, Challenger Door 1205 East Lincoln St. Nappanee, Indiana 46550 Direct: (574) 773-0470 Fax: (574) 773-0474 Web: www.challengerdoor.com A Door... Your Way! Warranty Statement: Attached you will find an updated warranty statement for Challenger Door along with our new flat rate manual. Please note that this new warranty statement is effective March 01, 2016 and supersedes any previous statement that you may have from Challenger Door. As part of this process we are asking that you please submit a copy of your company's current warranty statement back to us to along with a signed copy of this cover sheet for us to keep on file. We are requesting those be on file with us no later than March 01, 2016. Thank you, Michael Reid Customer Service Manager Please detach and return this portion along with a copy of your current warrant statement to: Challenger Door ATTN: Warranty 1205 E. Lincoln St. Nappanee, IN 46550 e-mail to: warranty@challengerdoor.com Fax: (574) 773-0474 By signing this I acknowledge that I have received a copy of the warranty statement of Challenger Door and agree to the terms therein. I agree that I am the responsible party for my company to distribute this statement to the necessary parties within my company. I also agree by signing this that I am providing a copy of my company's current warranty policy to Challenger Door to keep on file for use adjacent to their warranty. Signature: Print: Date: Challenger Door Limited Warranty Statement 0E0 Challenger Door warrants their products, excluding 5000 series ramps, manufactured by it to be free from defects in material and workmanship for a period to match the OEM's warranty period for up to two (2) years from date of original retail sale to the original purchaser, or a maximum of Three (3) years from the date of door manufacture whichever period ends first, under proper and normal use and service. The 5000 laminated ramp series warranty shall be limited to ONE YEAR from date of purchase. This Limited Warranty does not cover products that have been misused, abused, mishandled, improperly installed, improperly stored, changed or modified. This Warranty does not cover "plain doors" (i.e...doors that are made with no outer skin) or delamination on doors Challenger does not laminate the core. Service work performed by any person not specifically authorized by Challenger Door will void the Warranty. All claims under this Limited Warranty must be submitted pursuant to the following claims procedure. Challenger Door, LLC reserves the right to deny any claim not submitted pursuant to the following claims procedure. This Limited Warranty should be provided to the manufacturer, dealer and retail customer of the OEM unit and made available to the retail customer prior to purchase of the OEM unit. Examples: 1. Mfg. Date = 1/15/15, Purchase date = 5/10/15, OEM's warranty = 1 year. Product warranty good through 5/10/16 2. Mfg. Date =1/15/15, Purchase date = 5/10/15, OEM's warranty = 3 year. Product warranty good through 5/10/17 3. Mfg. Date =1/15/14, Purchase date = 5/10/15, OEM's warranty = 3 year. Product warranty good through 1/15/17 To submit a claim All claims must be submitted to Challenger Door, LLC warranty department via email or fax. ATTN: Warranty Email Warranty@challengerdoor.com Phone 574-773-8166 Fax 574-773-0474 • All claims must have clear photos showing defect. • All claims must have a photo of the serial number located on product (If the label hasn't been removed previously, it can be located on the back of the product on the hinge side or on inner trim on hinge side). • Challenger Door, LLC may request the product to be returned for inspection at Challenger's cost • Provide information of OEM unit on which Challenger Door product was installed, unit serial number, Model, Date of purchase, Dealer from which unit was purchased. • All defective latches must be returned to Challenger Door, LLC for inspection (excluding Canada) Challenger Door, LLC will pay shipping costs unless claim is denied. All obligations of Challenger Door, LLC pursuant to this Limited Warranty are limited to replacing or repairing the defective product, paying for shipping costs and service at our standard rate in connection with a claim covered by this Limited Warranty. Challenger Door, LLC reserves the right to deny service costs to the extent that such service does not comply with the installation instructions provided by Challenger Door and was not performed within or have been invoiced to Challenger Door, LLC in excess of the time allowed in the respective video links below. This Limited Warranty is the exclusive warranty to Challenger Door, LLC and is in lieu of all other warranties, expressed or implied, including, but not limited to, WARRANTIES OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE except as otherwise required by state or federal law. In no event shall Challenger Door, LLC be liable for consequential, indirect or incidental damages resulting from the installation, use or failure of its products, whether arising in contract, tort or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. Challenger Door Limited Warranty Statement Page 1 of 3 Flat Rate for Entry Doors Part replaced Time Allowed CHALLENGER Part Return PRIOR CONTACT Picture Required Entry Door Latch ir 0.2 HOURS YES -WITH KEYS Screen Door Latch 0.2 HOURS NO NO YES Screen Door Stationary Panel 0.2 HOURS NO Screen Door Slider 0.1 HOURS NO NO YES 1 Entry Door Window UPON 0.3 HOURS REQUEST YES Hinge Replacement -WHOLE DOOR UPON 1 HOUR REQUEST YES YES Gas Strut UPON 0.1 HOURS REQUEST NO Complete Entry Door Complete Screen Door Entry Door Seal 1 HOUR 0.2 HOURS 0.5 HOURS UPON REQU EST NO NO YES YES YES YES YES YES Complete Entry Door with Graphics UPON 1.25 HOURS REQUEST YES YES Complete Entry Door with Paint UPON 2.5 HOURS REQUEST YES YES 11. ENTRY DOOR AND SCREEN DOOR ADJUSTMENTS ARE NOT COVERED UNDER WARRANTY IF THE ISSUE ONLY INVOLVES HINGES THE COMPLETE DOOR REPLACEMENT WILL NOT BE COVERED. HINGES CAN BE REPLACED. IF THE ISSUE I5 THE SCREEN DOOR STATIONARY PANEL OR THE SLIDER FALLING OUT A WHOLE SCREEN DOOR REPLACEMENT WILL NOT BE COVERED. PANELS AND SLIDERS CAN BE REPLACED. Flat Rate for Ramp/Patio Doors Part replaced Time Allowed CHALLENGER Part Return PRIOR CONTACT Picture Required Complete Plain Ramp/Patio Door L Complete Ramp/Patio Door Minor Graphics UPON 1 HOUR REQUEST UPON 1.5 HOURS REQUEST YES YES YES Complete Ramp/Patio Door Major Graphics and/or Paint UPON 2.5 HOURS REQUEST YES Ir YES Ramp/Patio Springs 0.25 HOURS Each NO NO YES Challenger Door Limited Warranty Statement Page 2 of 3 Ramp/Patio Door Seal .5 HOURS NO YES YES Flat Rate for Tent Doors Part replaced Time Allowed CHALLENGER Part Return PRIOR CONTACT Picture Required Bunk Door Seal 0.5 HOURS NO YES YES Complete Tent Door Minor Graphics UPON 1.25 HOURS REQUEST YES YES Complete Tent Door Paint UPON 2.5 HOURS REQUEST YES YES Tent UPON 1 HOUR REQUEST YES YES Flat Rate for Compartment Doors Part replaced Time Allowed CHALLENGER PRIOR Part Return CONTACT Picture Required Complete Compartment Door UPON 1 HOUR REQUEST YES YES Complete Compartment Door with Graphics UPON 1.5 HOURS REQUEST YES YES Complete Compartment Door with Paint UPON 2.5 HOURS REQUEST YES YES Compartment Door Latch 0.2 HOURS Each NO NO YES Compartment Door Seal .5 HOURS NO YES YES Compartment Door Core with Hinge only (extruded) UPON 0.2 HOURS REQUEST YES YES http://www.youtube.com/user/ChallengerDoorLLC/videos Challenger Door Limited Warranty Statement Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 it there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-180404 Date Filed: 03/20/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A.M.S. Global Inc. DeKalb, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Cristi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. supply # 1122 Solar restrooms for beach operation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary A.M.S. Global DeKalb, TX United States X 5 Check only if theVi4 i y 'd Party. ❑ °ue(c �ys e% ,e; kV 6 AFFIDAVIT y ; t1 Z I swear, or affirm, under p alty of perjury, that the above disclosure is true and correct. 'f%,,, if:Ng'f1 Si nature of authorized agent of contracting business entity 441111110 AFFIX NOTARY STAMP / SEAL ABOVE l'�' before by the said f M,/ Ffff /,,,!!! �X-e, this the 2 day of tbreL Sworn to and subscribed me, 20 11 , to certify which, witness my hand and seal of office. Er r6 /►fin TA 4� /LtAtt Signatudrt officer admi ister e •ath Printed name of officer administering oath Title of officer administering oath vcrcinn v1 n PRI Forms provided by Texas Ethics Commission www. eth i cs. state.tx. Innovative Sanitation Solutions March 28, 2017 Subject: Omega Restroom Trailer Plan City of Corpus Christi Kim Baker P.Q. Box 9277 Corpus Christi, Texas 78469 To Whom it May Concern: AMS Global Inc herby grants Kim Baker and the City of Corpus Christi Texas the right to review and distribute to interested parties schematic plans, videos photos and spec sheets involving ( Omega Restroom Trailer units) manufactured by AMS Global Inc 75 CR 3303, DeKalb, Texas 75559. Since Tim Blevins President AMS GLOBAL INC . / 75 CR 3303 De Kalb, TX 75559/phone: 888.574.4222/fax: 903.667.2515 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 11, 2017 Action Item for the City Council Meeting of April 18, 2017 DATE: TO: March 27, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Approval for Amendments to Construction Inspection Staff Support Contracts CAPTION: Motion authorizing City Manager, or designee, to execute amendments for twelve Construction Inspection Staffing Contracts totaling $1,530,435.50 for providing Construction Inspection Staff Support within the Engineering Services Department. PURPOSE: City construction activity is nearing its highest level in several years (See EXHIBIT 1). Engineering Services is currently managing 60 major City construction projects with a permanent inspection staff of 14. To supplement existing staff and to address the spike in construction inspections activity, Requests for Proposals (RFP) for contract inspectors were published in October 2015 and October 2016. The purpose of this agenda item is to amend existing inspector contracts to extend the period of performance for construction inspectors that are already under contract. In order to expedite start of work, inspectors typically begin work under staff -approvable small architect/engineering (AE) agreements. This action will extend the contracts for inspectors to the projected end of their current construction project assignments. BACKGROUND AND FINDINGS: Construction Inspectors are essential to the successful delivery of construction projects. Construction Inspectors are responsible for the following activities during construction projects: • Ensure that contractors are compliant with contract documents, codes and regulations; 1 • Monitor contractor performance for quality and timeliness; • Coordinate traffic control plans and other construction impacts with local businesses, residents and other agencies; • Coordinate City utilities for outages, connections etc. with Operating Departments and local businesses and residents; • Coordinate with private utilities including AEP, AT&T, Time Warner, etc.; • Review and recommend progress pay applications for contractors, and • Implement and coordinate general inspections, special inspections and final inspections. Engineering Services is currently managing 60 major construction projects with a total contract value of $253M. Engineering Services also provides quality assurance inspection for the public infrastructure in private subdivision developments. There are 16 current subdivision projects for which Engineering is providing inspections. Engineering Services has historically used a combination of in-house and contract staff resources to accomplish its mission. Current workload demands exceed the capabilities of the existing inspector workforce. EXHIBIT 1 illustrates how Engineering Services' construction workload has evolved over time as the Bond 2012 and Bond 2014 projects have moved into construction. The level of construction activity being managed by Engineering is nearing historic peak levels. In 2016, Engineering changed the way that construction observation services are procured. Previously, firms were either hired based on the firm's qualifications or inspection services were sole -sourced to the design engineering firm for a negotiated fee. The current process is structured as a best value procurement which evaluates inspectors based on the individual's qualifications and their proposed rate. The selected inspectors begin work under small AE agreements with large agreements later being taken to City Council. That is a necessary element of the procurement approach because Engineering wants firms to propose inspectors with immediate availability. Contracting inspection services provides the department the ability to respond to a rapidly increasing workload. This new, competitively priced, RFP process has achieved significant savings, increased the level of inspector qualifications and allowed the City to provide a more standardized management approach to construction oversight across the City's entire construction portfolio. The contracted Construction Inspector work assignments and responsibilities are comparable to City Employee requirements for maintaining regular business work hours and completion of required responsibilities. For example, all inspectors must enter project data on City forms and enter daily reports into the Engineering project management database. The construction inspection contracts include providing a vehicle, computer, phone, personal safety equipment and miscellaneous expenses. This agenda item authorizes extension of the existing inspector staffing contracts which will be expiring soon. This action extends the periods of service to the projected end of the current inspector assignments. The following table summarizes the construction inspection staffing contract extensions covered under this agenda item: 2 Firm Inspector Amendment (THIS ITEM) Extension Duration AGCM Bobby Barker $140,400.00 8 months AGCM Gene Perkins $170,600.00 9 months AGCM George DeLaCerda $56,290.00 5 months AGCM Manuel Hernandez $69,280.00 6 months AGCM Marcus Garcia $65,816.00 4 months AGCM Robert Munoz $118,400.00 8 months AGCM Russell Soike $140,400.00 8 months AGCM William Hammac $55,424.00 4 months Ardurra Group Cary Butters $289,385.50 26 months Freese Nichols Arturo Hernandez $135,960.00 8 months LAN Andy Vigstol $130,400.00 8 months LNV, Inc. Jose DeLeon $158,080.00 10 months Total $1,530,435.50 ALTERNATIVES: 1. Authorize execution of the Amendments to the Professional Services Agreements. 2. Do not authorize Amendments to the Professional Services Agreements. (Not Recommended) OTHER CONSIDERATIONS: Staff will continue to evaluate and amend current recruiting strategies to successfully fill Department vacancies. CONFORMITY TO CITY POLICY: This conforms to city policy for procurement of construction support and inspection services. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Years 2015-2016 Current Year 2016-2017 TOTALS Line Item Budget $1,530,435.50 $1,530,435.50 Encumbered/Expended Amount This item $1,530,435.50 $1,530,435.50 Future Anticipated Expenditures BALANCE $0.00 $0.00 Fund(s): Street, Utility, and Parks & Recreation CIP 3 Comments: Construction Inspection Staff Augmentation (CISA) will be charged to various projects in accordance with hours worked in support of each project. RECOMMENDATION: City staff recommends approval of the CISA contracts to maintain the current level of inspector support. LIST OF SUPPORTING DOCUMENTS: Exhibit 1: Number of major active construction projects Presentation Location Map Contract Amendments with Form 1295 (12) 4 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES E16456 Construction Inspection Staff Augmentation (Robert Munoz) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $118,400 for a total restated fee not to exceed $166,400. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 8 months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI AGCM Jeff H. Edmonds, P. E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date 110 Ocean Dri Corpus Christi, X 78404 (361) 882-0469 Office (361) 884-9358 Fax pga@agcm.cc Nathan Swinney - VP South Texas Region nswinney@agcm.com 3/6/2017 Date Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Robert Munoz) Amendment No. 1 Fund Name Accounting Unit Account Activity Account Category Amount Street Operating Fund 1041-12415-051 530000 E15140 -01 -1041 -EXP 30000 $59,200.00 Street Operating Fund 1041-12415-051 530000 E16261 -01 -1041 -EXP 30000 59,200.00 Total $118,400.00 E15140 Citywide Street Preventative Maintenance Program Year 3 E16261 Street Preventative Maintenance Program FY 2017 Year 4 Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM MUNOZ\AMENDMENT NO. 1 AGCM ROBERT MUNOZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC AGCM INC. February 1, 2017 City of Corpus Christi Attn. Chris Hale, P.E. Dept. of Engineering Services ?' Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 361/882-0469 Fax 361/884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION ROBERT MUNOZ — RFQ 2016-05 Dear Chris: We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGICM proposes to continue to provide the following personnel on a full-time basis through December 31, 2017 at the corresponding rate and Not to Exceed (NTE) amount for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2016-05: Robert Munoz $80/HR NTE - $118,400 The Original Contract Amount was $48,000 for 15 weeks. It is our understanding that he will be assigned to the Streets Preventative Maintenance Program (SPMP) IDIQ (E16261), or as otherwise directed by the City. AGICM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N an Inne . PE, CCM ice Preside — South Texas Region -sr a 1 i intrtPi Ccaskdowo+g i Ack dam, AMEND. NO. 1 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST c hristi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGICM, Inc. P. O. BOX: 2682, Crp Christi, TX 78403 STREET ADDRESS: 1101 Ocean Dr. CITY: Crp Christi ZIP: 78404 - FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/27/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172349 Date Filed: 02/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16456 - Robert Munoz Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. , ,,s;r1"/4 LINDA PAY PARA si Not :W:141Tc. State of Texas = My Commission Expires � 1'.%4••.1t.:w Aprll 15, 2017 44•74.44•74., 1 Si ature of authorized ag of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said ._4 / .. this the e2 714 day of 20/7 , to certify wh+ch. witness my hand and seal of office. 1 d.4/i.LGN / v �GPig4► , Signature of officer a inistering� Printed name of officer�administering oath a of officer administerin oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES E16456 Construction Inspection Staff Augmentation (Russell Soike) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $140,400 for a total restated fee not to exceed $187,200. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 8 months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI AGCM Jeff H. Edmonds, P. E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date 1101 •cean Driv- Corpus Christi, X 78404 (361) 882-0469 Office (361) 884-9358 Fax pga@agcm.cc Nathan Swinney - VP South Texas Region nswinney@agcm.com 3/6/2017 Date Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Russell Soike) Amendment No. 1 Fund Name Accounting Unit Account Activity Account Category Amount Wastewater 2012B RVBD 4249-042 550910 E15209 -01 -4249 -EXP 50950 $70,200.00 Wastewater 2013 RVBD 4252-042 550910 E16255 -01 -4252 -EXP 50950 70,200.00 Total $140,400.00 E15209 Cit E16255 Cit ide Collection System Pipebursting IDIQ Part B ide Collection System Replacement and Rehabilitation IDIQ Program FY 2016 Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES AGCM SOIKE\AMENDMENT NO. 1 AGCM RUSSELL SOIKE\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC AG CM INC. February 1, 2017 City of Corpus Christi Attn. Chris Hale, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 361/882-0469 Fax 361/884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION RUSSELL SOIKE — RFQ 2016-05 Dear Chris: We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGICM proposes to continue to provide the following personnel on a full-time basis through December 31, 2017 at the corresponding rate and Not to Exceed (NTE) amount for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2016-05: Russell Soike $90/HR NTE - $140,400 The Original Contract Amount was $46,800 for 13 weeks. It is our understanding that he will be assigned to Utilities Projects, or as otherwise directed by the City. AGjCM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N an inne PE, CCM ice Preside . — South Texas Region .rte — • a ol Marks AMEND. NO. 1 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST c hristi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGICM, Inc. P. O. BOX: 2682, Crp Christi, TX 78403 STREET ADDRESS: 1101 Ocean Dr. CITY: Crp Christi ZIP: 78404 - FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/27/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172355 Date Filed: 02/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16456 - Russell Soike Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. „NM, ;; P�¢H LINDA FAY PANZA Notary'Putli'c, State of Texas Expires y� MyiCommissIon �,,"��� -ApiIf 15, 2017 Signat a of authorized agent contracting business entity AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said of •- , this the 2 i 4 day of 1.-45144.At.r 20 /7 , to certify which, witness my hand and seal of office. J y"1 r . Signature of officer inisterinth Printed name of ofic administeringoath of officer administering ath//t Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR REPRESENTATIVE SERVICES E16247 Construction Inspection Staff Augmentation (William Hammac) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $55,424 for a total restated fee not to exceed $301,344. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 4 months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI AGCM 407 3/6/2017 Jeff H. Edmonds, P. E. Date Ga And--• son, O Date Director of Engineering Services 1 11 Ocean we Corpus Christi, TX 78404 (361) 882-0469 Office RECOMMENDED (361) 884-9358 Fax pga@agcm.cc Nathan Swinney - VP South Texas Region Operating Department Date nswinney@agcm.com APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (William Hammac) Amendment No. 2 Fund Name Accounting Unit Account Activity Account Category Amount Street Bond 2014 3551-051 550910 E13100 -01 -3551 -EXP 50910 $18,474.67 WW 2013 Bond 2012 4253-051 550910 E12137 -01 -4253 -EXP 50910 18,474.67 WW 2017 Bond 4257-051 550910 E12099 -01 -4257 -EXP 50910 18,474.66 Total $55,424.00 E13100 Santa Fe Street from Elizabeth to Hancock (Bond 2014) E12137 International Drive (Bond 2012, Proposition 8) E12099 Kostoryz Road from Brawner Parkway to Staples Street (Bond 2012) Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM WILLIAM HAMMAC\AMENDMENT NO. 2 AGCM WILLIAM HAMMAC\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC AG CM INC. January 18, 2017 City of Corpus Christi Attn. Chris Hale, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 361/882-0469 Fax 361/884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 2 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION WILLIAM HAMMAC - RFP NO. 2015-07 Dear Chris: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide William Hammac on a full-time basis through December 31, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract Amendment 1 (thru Aug 30, 2017) Amendment 2 (thru Dec 31, 2017) $80 / HR $80 / HR $80 / HR NTE - $49,600 NTE - $196,320 NTE - $55,424 Total NTE - $301,344 It is our understanding that his time will be divided between projects as directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N. an ' inne , PE, CCM ice Preside , — South Texas Region INIAL A Conslraclion Management Anucialion of America AMEND. NO. 2 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST c hristi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGICM, Inc. P. O. BOX: 2682, Crp Christi, TX 78403 STREET ADDRESS: 1101 Ocean Dr. CITY: Crp Christi ZIP: 78404 - FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/27/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172346 Date Filed: 02/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 - William Hammac Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �`"'r""4'�, UND'A FAY PARA ro�� '•w4,'��� :.' I Notery Pule, State of Texas �� Expires y 1 slon y;�'o�:�` ,April 15, 2011 /..... gnature of authorized ent of contracting business entity AFFIX Sworn 1 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said /Y, , , this the o? 7 P' day of i il 20/7 to certify which, witness my hand and seal of office. C �.�sc�,y� Pah .2,� Signature of off er administCKng oath Printed name of offiadministering oath T' o�� administerin oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES E16456 Construction Inspection Staff Augmentation (Cary Butters) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Ardurra Group, a Texas corporation, 2032 Buffalo Terrace, Houston, Harris County, Texas 77019, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $289,385.50 for a total restated fee not to exceed $338,785.50. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 29 months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI URRi GROUP February 28, 2017 Jeff H. Edmonds, P. E., Date hris Canonico, P. E. Director of Engineering Services Partner 2032 Buffalo Terrace Houston, TX 77019 RECOMMENDED (713) 540-5512 Office canonico©ardurragroup.com Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Date Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Cary Butters) [RFP No. 2016-05] Project Number E16456 Amendment No. 1 Fund Name Accounting Unit Account Activity Account Category Amount Water 2017 CIP 4098-061 550910 E11066 -01 -4098 -EXP 50910 $144,692.75 Water 2013 RVBD 4093-061 550910 E16246 -01 -4093 -EXP 50910 144,692.75 Total $289,385.50 E11066 ONSWTP High Service Building No. 3 E16246 ONSWTP Intermediate Sludge Removal Phase 1 Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\3 ONSWTP ARDURRA GROUP\AMENDMENT NO. 1 ARDURRA GROUP CARY BUTTERS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC December 20, 2016 Mr. Chris Hale Project Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Subject: Dear Mr. Hale: Ardurra du P 2032 Buffalo Terrace Houston, Texas 77019 www.ardurragroup.com TBPE Firm No. 17004 Amendment 1 to Ardurra Group Contract for Construction Inspection Staff Augmentation Services selected under City of Corpus Christi RFP No. 2016-05: Ardurra Construction Inspection Staff Augmentation Services for o City of Corpus Christi ONS WTP High Service Building No. 3, o Clear Well No. 1 Repair - E11066, and o ONSWTP Emergency Sludge Removal - E16246, and ONSWTP Fluoride Feed System Improvements - E15233 As requested, Ardurra Group, LLC ("Ardurra") is pleased to submit our proposal for Amendment No. 1 to our Construction Inspection Augmentation Service Contract with the City of Corpus Christi ("City") for services on the above mentioned projects. Ardurra will continue to provide Mr. Cary Butters to perform services as outlined in Section III of the City of Corpus Christi RFQ No. 2016-05. Summary services will include providing Quality Assurance services and assisting in expediting the contractor's progress by minimizing conflicts and conflict resolution, identifying change order potential, detailing deficient work and repairs. Mr. Butters will keep daily inspection reports using provided City forms, including contractor progress, daily and weekly construction photos, test lab results, weather day impacts, and site activity. We propose Mr. Butters to continue 40 hours a week work until the end of May 2019 at the ON Stevens Water Treatment Plant. If needed and approved by the City, Ralph Morlas will substitute for Mr. Butters for vacation coverage up to 15 days per year at the below rates. Based on the scope of services outlined above, we have prepared a level of effort estimate for this initial effort. We estimate a not to exceed fee of $289,385.50 to complete 4,355 additional hours of work. This is based on up to 175 hours per month. The hourly rate will be $65 for work completed in 2017, $66.63 for work completed in 2018, and $68.30 for work completed in 2019. Overtime (more than 40 hours per week), if requested by the City would be billed at 1.5 times the normal hourly rate. Should we anticipate overtime, we will pre -request authorization from the City prior to incurring cost. AMEND. NO. 1 EXHIBIT "A" Page 1 of 3 Mr. Chris Hale Page 2 of 3 December 20, 2016 Ardurra du P Please feel free to contact me to at (713) 540-5512 to discuss any questions you may have. Sincerely, Chris Canonico, P.E. Partner Ardurra Group, LLC AMEND. NO. 1 EXHIBIT "A" Page 2 of 3 Mr. Chris Hale Page 3of3 December 20, 2016 Ardurra du P Exhibit A - Monthly Expenditure Budget Month Number Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2016 2017 2017 2017 2017 2017 2017 2017 2017 2017 2017 2017 2017 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2019 2019 2019 2019 2019 Month December January February March April May June July August September October November December January February March April May June July August September October November December January February March April May Tota I Initial Contract Amendent No 1 Hours Normal Rate Total 40 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 175 5115 760 4355 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 65.00 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 66.63 $ 68.30 $ 68.30 $ 68.30 $ 68.30 $ 68.30 $ 2,600.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,375.00 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,660.25 $ 11,952.50 $ 11,952.50 $ 11,952.50 $ 11,952.50 $ 11,952.50 $ 338,785.50 $ 49,400.00 $ 289,385.50 * overtime at 1.5 times hourly rate for any preapproved work over 40 hours per week AMEND. NO. 1 EXHIBIT "A" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 1114 City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Ardurra Group P. O. BOX: STREET ADDRESS: 2032 Buffalo Terrace, FIRM IS: 1. Corporation 4. Association Houston CITY: ZIP: 77019- 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessaiT, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee Nonoe 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Chris Canonico Title: Partner (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 02/11/17 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 1 U4 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-165518 Date Filed: 02/12/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Ardurra Group Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16456 Construction Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. El 6 ,tIII11 a AFFIDAVIT ,0t LCH r♦ • �M E(4� a C�, . PAY •pL••• . J'o ;' .cr11 = rc c so , •••� ?6 I�Sbq.'S'p• �.+p ?.O AFFIX NOTAF 'P4T� 23 4 po4L Sworn to and subscribed before 20 V. "t , to certify which, witness r I swear, or a r i, un r penalty of perjury, that the above disclosure is true and correct. • '• . r r .j;' .` ,> signature of authorized agent of contracting business entity `! ABOVE me, by the said C '1/406S ( SWC tli , this the 4 aday of fpidikkOSi my hand and seal of office. C�'�`` r S nature of officer adm" r tering oath Printed name of officer administering oath Title of offirrer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES E16456 Construction Inspection Staff Augmentation (Arturo Hernandez) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, a Texas corporation, 800 N. Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $135,960 for a total restated fee not to exceed $185,400. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 33 weeks beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, Page 7 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: Page 8 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. Page 9 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI FREESE AtND NICHOLS Jeff H. Edmonds, P. E. Date Ron Guzrian, P. l;. Date Director of Engineering Services Vice Pres dent/Principal 800 N. Shoreline Boulevard, Suite 1600N Corpus Christi, TX 78401 RECOMMENDED (361) 561-6500 Office rg@freese.com Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attomey Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Page 11 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZAMENDMENT NO 1 FREESE ARTURO HERNANDEZ12017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Arturo Hernandez) [RFP No. 2016-05] Project Number E16456 Amendment No. 1 Fund Name Accounting Unit Account Activity Account Category Amount Water 2012 RVBD 4088-041 550910 El 2004 -01 -4088 -EXP 50910 $135,960.00 Total $135,960.00 E12004 Staples Street Pump Station Phase 2 Page 12 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\2 UTILITIES FREESE HERNANDEZ\AMENDMENT NO. 1 FREESE ARTURO HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC r� NICNOLS Innovative approaches Practical results Outstanding service 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com March 15, 2017 City of Corpus Christi Attn: Chris Hale, P.E. Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Re: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION INSPECTOR, ARTURO HERNANDEZ — RFQ 2016-05 Dear Mr. Hale: Thank you for this opportunity for Freese and Nichols (FNI) to continue our services to the City of Corpus Christi on the above referenced contract. FNI proposes to continue to provide the following inspector on a full-time basis through December 31, 2017 at the corresponding rate and Not to Exceed (NTE) amount for Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2016-05: Arturo Hernandez $103/hr NTE -$135,960 The original contract amount was $49,440 for 12 weeks (40 hours/week) for 12 weeks of service. The amended contract amount will be $135,960 for an additional 33 weeks of service (40 hours/week) for a total of 45 weeks. It is our understanding that Arturo will be assigned to Utility Projects, or as otherwise directed by the City of Corpus Christi. FNI will provide these services to the level of professionalism you have previously experienced with Arturo. We appreciate this opportunity and look forward to any opportunity to continue providing our services to the City of Corpus Christi. Sincerely, Chris Jones, P.E., CCM Ron Guzman Associate/Construction Services Group Manager Vice President/Principal cc: John New— FNI Central Texas Division Manager AMEND. NO. 1 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER �P TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Suite 1600N CITY: Corpus Christi ZIP: 78401 - FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print Signature of Certifying Person: DEFINITIONS Date: 2/15/17 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-162169 Date Filed: 02/03/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16456 Construction Inspection Staff Augmentation Services RFP No. 2016-05 Large A/E 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. :** ***% LISA BOGGS Notary Public, State of Texas r My Commission Expires t+,;�;,�a� �d ,,,,,,,� 06/26/2019 Sign lure ofr•^ a�►orize l agent of contracting business entity U z_nn this the t day of � (o man AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said cir,et 20 1 1 , to certify which, witness my hand and seal of office. _ • r _ . Signa ure of office administ= 8i l =th Printed name of officer inistering oath Title of officer ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES E16456 Construction Inspection Staff Augmentation (Andy Vigstol) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Lockwood, Andrews & Newnam, Inc., a Texas corporation, 500 N. Shoreline Boulevard, Suite 905, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $130,400 for a total restated fee not to exceed $178,400. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 32 weeks beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. Page 7 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall Page 8 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. Page 9 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI Jeff H. Edmonds, P. E., Director of Engineering Services RECOMMENDED Date Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date 1 REWS & NEWNAM, INC. Scott M Harris, P. Regional Manager 500 N. Shoreline Boulevard, Suite 905 Corpus Christi, TX 78401 (361) 882-2257 Office smharris@Ian-inc.com Page 11 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Andy Vigstol) [RFP No. 2016-05] Project Number E16456 Amendment No. 1 Fund Name Accounting Unit Account Activity Account Category Amount Street CIP BOND 2014 3551-051 550910 E13092 -01 -3551 -EXP 50910 $130,400.00 Total $130,400.00 E13092 Ayers Street from Ocean Drive to Alameda Street BOND 2014 Page 12 Rev. 01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION LAN VIGSTOL\AMENDMENT NO. 1 LAN ANDY VIGSTOL\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC tan February 2, 2017 Mr. Jeff H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY Reference: Amended Proposal for Construction Inspection Staff Augmentation (Andy Vigstol) (RFP 2016-05) Dear Mr. Edmonds: At your request, Lockwood Andrews & Newnam, Inc. (LAN) is pleased to provide you with this amended proposal for Andy Vigstol, a full-time employee of LAN, to augment existing City of Corpus Christi staff to provide full-time construction inspection services at forty hours per week for the City's Construction Services Department. The proposed scope of services is in Attachment A. The original January 25, 2017, proposal is Attachment B. Andy will continue to perform these services at a straight -time rate of $100.00/hour for an additional 32 weeks and 3 days; for a total of 44 weeks and 3 days, or until December 29th, 2017. The estimated total fee for this proposed amendment will be $130,400.00, for a proposed total combined fee of $178,400.00 as summarized in the table below. The initial small A/E proposal for Mr. Vigstol is for services through May 15, 2017. This proposed amendment would extend his service to the end of the year, December 29, 2017. Description Start End Weeks Days Hours Rate / HR Amount Initial Small A/E Proposal Amount 2/20/17 5/15/17 12 0 480 $ 100.00 $ 48,000.00 Proposed Amendment 5/16/17 12/29/17 32 3 1,304 $ 100.00 $ 130,400.00 Proposed Total Combined Fee 44 3 1,784 $ 178,400.00 Should you have any questions or require additional information, please contact me directly at 361-876- 6395. Sincerely, ^A Jotte4 . Harris, P.E. egional Manager Copy: Chris Hale, P.E., John Montalvo Attachments: A — Scope of Work 500 N. Shoreline Blvd, Suite 905 • Corpus Christi, Texas 78401 • 361.882.2257 • www.lan-inc.com EXHIBIT "A" Page 1 of 4 CI Augment Andy Vigstol — Proposed Amendment 1 February 2, 2017 Page 2 ATTACHMENT A SCOPE OF WORK (EXTRUDER FROM RFP 2016-05) Contracted Construction Inspectors (Contract Inspectors) will work drectly under the supervision of City's Construction inspection Division in providing QualityAssurance services and to assist in expediting the contractor's progress by minimizing conflicts and conflict resolution, identifying change order potential, detailing deficient work and repairs and other support related services. Contract Inspectors should be available to start immediately upon award of contract. Contract Inspectors will be required to keep detailed daily inspection reports on provided City forms. Requirements will include producing and organizing the following documentation: • Construction Contractor Progress including installed and completed work, construction crew and equipment available on site. and contract specific conversations held on site concerning construction issues. • Daily and Weekly construction photos including proper labeling/filing of same; • Testing lab results with immediate alerts to City Staff of failures. • Rain days, Dost time due to heavy rains, completion of monthly time statements, • Project coordination meetiings (conducted by inspector). • Any site related activity which may impact future / past progress or activity which may significantly impact the construction quality. Some of the required tasks may include the following: • Review of all contract documents, Specifications, Plans, Drawings, Addendums and other project -related reports_ • Schedule and coordinate the location and frequency of required tests per the specifications with the Crty's approved materials testing lab_ • Work closely with City Department personnel in ccordir.ation of construction related activities. • Attend project and coordination meetings. • Review construction contractor Payment Requests, including coordination and acceptance of quantities. • Rev+iew and coordinate all approvedchange orders, field orders and changes. • Communicate with local businesses and residents including Meeting with and documenting any citizen or business related concerns or requests. The Contract Inspector will be responsible for providing any and all resources necessary to accomplish this Scope of Work including personal protective equipment (PPE), computers, cell phones and local transportation. All costs associated with accomplishing this should be imbedded within the proposed rote. EXHIBIT "A" Page 2 of 4 CI Augment Andy Vigstol - Proposed Amendment 1 February 2, 2017 Page 3 ATTACHMENT B Proposal for Construction Inspection / Construction Observation (January 25, 2017) �n January 25, 2017 Mr. Jeff H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Cerus Christi, Texas 78401 Lockwood, Andrews & Newnam, Inc.. A LEO A DALY COMPANY Reference: RFP 2016-05 Construction inspection Staff Augmentation Services Dear Mr. Edmonds: At your request, Lockwood Andrews & Newnam, Inc, (LAN) is providing you with this proposal fort Viastol, a full-time employee of LAN, to augment existing City of Corpus Christi staff to provide construction inspection services for the City's Construction Services Department. We understand that this is a full-time position that will require Andy to work forty hours per week for the City until December 31st, 2017. The scope of services with which he will perform are outlined in RFP 2016.05 and extruded in Attachment A, as our acknowledgement of understanding, Andy will perform these services in accordance with the rate sheet provided to you in our response to the RFP, his rate is $100.00lhour. Andy is immediately available to work for 12 weeks for a total Small AVE contract amount of V48.000.00. LAN assumes that this contract will be amended to allow for his employment until the end of the calendar year (December 31, 2017) at the same rate above. Mr. Vigstol is available to begin immediately upon execution of the Small A/E contract. LAN is here to support the City of Corpus Christi deliver the hundreds of millions of dollars of projects to the public. We have an available, highly qualified, professional work force at your disposal supported by the best in the business, Should you have any questions or require additional information, please contact me directly at 361-876- 6395. Sincerely, Scott M, Harris, P.E, Regional Manager Copy: Chris Hale, P.E. EXHIBIT "A" Page 3 of 4 CI Augment Andy Vigstol — Proposed Amendment 1 February 2, 2017 Page 4 ATTACHMENT B (Continued) Proposal for Construction Inspection / Construction Observation (January 25, 2017) ('1 Augment Andy Vigslol Proposal .laniary 25th, 2417 Page 2 ATTACHMENT A SCOPE OF WORK (EXTRUDED FROM RFP 2016-05) Contracted Construction Inspectors (Contract Inspectors) will work directly under the supervision of City's Construction Inspection Division in providing Quality Assurance services and to assist in expediting the contractor's progress by minimizing conflicts and conflict resolution, identifying change order potential, detailing deficient work and repairs and other support related services. Contract Inspectors should be available to start immediately upon award of contract. Contract Inspectors will be required to keep detailed daily inspection reports on provided City forms. Requirements will include producing and organizing the following documentation; • Construction Contractor Progress including installed and completed work, construction crew and equipment available on site, and contract specific conversations held on site concerning construction issues. • Daily and Weekly construction photos including proper labelingffiling of same, • Testing lab results with immediate alerts to City Staff of failures. • Rain days, lost time due to heavy rains, completion of monthly time statements. • Project coordination meetings (conducted by Inspector). • Any site related activity which may impact future 1 past progress or activity which may significantly impact the construction quality. Some of the required tasks may include the following: • Review of all contract documents, Specifications. Plans, Drawings, Addendums and other project -related reports_ • Schedule and coordinate the location and frequency of required tests per the specifications with the City's approved materials testing lab_ • Work closely with City !Department personnel in coordiration of construction related activities. • Attend project and coordination meetings. • Review construction contractor Payment Requests, including coordination and acceptance of quantities. • Review and coordinate all approved change orders, field orders and changes. • Communicate with local businesses and residents including meeting with and documenting any citizen or business related concerns or requests, The Contract Inspector will be responsible for providing any and all resources necessary to accomplish this Scope of Work including personal protective equipment (PPE), computers. cell phones and local transportations. All costs associated with accomplishing this should be imbedded within the proposed rate. EXHIBIT "A" Page 4 of 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 1611114Q City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and defirutions. COMPANY NAME: Lockwood, Andrews & Newnam, Inc. P. O. BOX: STREET ADDRESS: 500 N. Shoreline, Suite 905 CITY: Corpus Christi ZIP: 78401-034 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other B 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NA EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, emplo� yee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Steve Gilbreath Title: Vice President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-168301 Date Filed: 02/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lockwood, Andrews & Newnam, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16456 Amendment 1 - Engineering Services 4 Name of Interested PartyCity,State,Country(place of business) Nature of interest (check applicable) Controlling Intermediary Daly, Leo Washington, DC United States X Daly, Grega Washington, DC United States X Petersen, Dennis Houston, TX United States X Cohen, Arnold Austin, TX United States X Vajdani, Sima Los Angeles, CA United States X 5 Check only if there is NO Interested Party. ❑ .I11Ii_ 6 AFFIDAVIT •4y - S •i NNA i14q # I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. • ,P•• ..... • G • \Q •• 4,t1Y PSB •• i ., 0:0 yi f� •� to til aPO w . 'Pe., • .�06t OF' b • + Signature of uthorized agent of contracting business entity • •♦ ." ,3O 1-014‘,„ • 40, •� AFFIX NOTA o%€ 14t3OVE e111111• �/ ,, U_ Sworn towand subscribed before me, by the said{( rj .l \b1-ta V\ , this the 11 day of rL& 20 { , to certify which, witness my hand and seal of office. l 1„,N D\4 c, r 0 a� _I0t„YiGi `✓S�gnalure of officer admin tering oath Pr rued name of officer administerh g oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E” Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR REPRESENTATIVE SERVICES E16247 Construction Inspection Staff Augmentation (Jose DeLeon) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $158,080 for a total restated fee not to exceed $345,280. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 42 weeks beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI LNV Or I Jeff H. Edmonds, P. E., Date Dan S. Leye • - er, P. E. Director of Engineering Services Preside 801 Navigation, Suite 300 Corpus Christi, TX 78408 RECOMMENDED (361) 883-1984 Office danI@Invinc.com Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date tiZefigia Date Page 11 Rev. 07/16 K1ENGINEERING DATAEXCHANGEIVELMAPIENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION - RFP NO.2015-071LNV JOSE DELEOMAMENDMENT NO. 2 LNV JOSE DELEON12017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Jose DeLeon) [RFP No. 2015-07] Project Number E16247 Amendment No. 2 Fund Name Accounting Unit Account Activity Account Category Amount Wastewater RVBD 4249-042 550910 E15209 -01 -4249 -EXP 50910 $158,080 Total $158,080 E15209 Citywide Collection System Pipebursting IDIQ Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07 LNV JOSE DELEON\AMENDMENT NO. 2 LNV JOSE DELEON\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC LNV SOLUTIONS TODAY WITH engineers f architects 1 contractors A VISION FOR TOMORROW December 23, 2016 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 RE: Construction Inspection Staff Augmentation Project No. E16247 Contract Amendment No. 2 Dear Mr. Edmonds: Please allow this to serve as our formal proposal to extend Construction Inspection services for the above referenced project. This amendment is to our executed contract dated March 1, 2016 for our inspector Jose DeLeon to provide services on this project as well as our executed Contract Amendment No. 1 dated July 25, 2016. This contract amendment includes escalating the previous hourly rate for this position to account for the upcoming fiscal year 2017 ($95/hr). The total for this Contract Amendment No. 2 is not to exceed $158,080.00 (1,664 hours'. This amendment consists of services for an additional 42 -weeks from March 2017 thru December 2017. Based on our experience with the original contract and amendment, we are aware that this is an hourly contract and in some cases more than 40 -hours a week are required. At this time, Mr. DeLeon's workload schedule is such that he can continue to be available immediately upon request. We appreciate the opportunity to provide this Construction Inspection Staff Augmentation Services on this project for the City of Corpus Christi. If you have any questions or need any additional information, please feel free to contact me via phone at 361-883-1984 or email at etrejo@Invinc.com. Respectfully, LNV, Inc. TBPE Firm No. F-366 v.P Eric A. Trejo, P.E., SECB 11 Principal/Sr. Vice President 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM AMEND. NO. 2 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker Title: President/CEO (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 12/27/16 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-148744 Date Filed: 12/22/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 C.I.S.A. Amd. No. 2 Construction Inspection services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Leyendecker, Dan Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Trejo, Eric Corpus Christi, TX United States X Sanderfer, Byron San Antonio, TX United States X Burton, Logan Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �`""+ 1,14 ,JESSICA RODRIGUEZ yp1�`,. 1$ Notary Public. State of Texas 14. My Commission Expires ', 71i �o°' August 19, 2019 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE ` -p 1 �j p�,,� Sworn to and subscribed before me, by the said L b WO &b"IWO 0 , this the j day of /0E7. ►�ti�sc�----; 20 , to certify which, witness my hand and seal of office. —1 ENO" 20911 IGU E 7i NfLu- 1vt- ACCei 4 At Irt . Sig u e of officer administeri, oa' Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us EXHIBIT "E" Version V1.0.277 Page 1 of 1 70 60 50 40 30 20 10 0 EXHIBIT 1: Major City Projects under Construction Nc° '1 !Y, >a'' a� baa >J� ueQ ,464 90 4§- `fa Excludes subdivision projects ;y9 '10 y0 tiO 10 ti) y9 1i ti) ti) ti) >J �eQ ao� >ac �a� �aJ 1J reQ ��, >ac fat �aJ >J> 49 0-, Construction Inspection Staff Support Contracts Corpus Chr sti Engineering Council Presentation April 11, 2017 Construction Management 111 �hrsti Engineering > Experiencing Spike in Construction Activity > Currently 60 City Projects under Construction ✓ Bond ✓ Capital > Currently 16 New Subdivision Development Projects under Construction > Staffing ✓ Currently 14 (of 19) Budgeted Inspector Positions Filled ✓ 14 Total Contract Inspectors Sequence of Past Actions Corpus Ch (1110Corpus Engineering 1. Oct 2015 - Inspection RFP #1 published 2. Jan 2016 - Selections completed and inspectors began work under small contracts 3. Jul 2016 - Council approves 1St round of large contract amendments 4. Oct 2016 — Inspection RFP #2 published 5. Dec 2016 — Selections completed and inspectors from RFP #2 began work under small contracts Level of Construction Inspection Activity 0 �hrsti Engineering Major City Projects under Construction 70 so 50 132,::0111.1„-11-11111,11,111 1111111•. 2018 2019 Y 0 17 0 0 S ted, Excludes subdivision projects 4 Construction Inspection �hrsti Engineering > Construction Oversight Services Procured ✓ Request for Proposal (RFP) ✓ Supplements Existing Budgeted Staff > Best Value Procurement ✓ Based on Individual Resumes ✓ Proposed Rate > Rates inclusive ✓ Vehicle ✓ Computer ✓ Telecom resources > Cost ($1.5M) Included in Existing Project Budgets ✓ New service terms range from 4 to 26 months Inspection Contracting Benefits 0 �hrsti Engineering > Allows Rapid Response to Workload Changes ✓ 'Ramping Up' Support as Workload Increases ✓ 'Ramping Down' as Workload Decreases > Provides Experienced Inspectors ✓ Ready to "Hit the Ground Running" > Best Value Procurement Approach ✓ Cost Savings 6 Construction Management Recommendation 0 �hrsti Engineering ➢ Authorize Execution of Contract Amendments for Construction Inspection Support Services Morgan Farm Area 77 Rancho Chico Del Sol -Lorna Linda Taft Tradewinds. Doyle I'crLI rud Ingleside I'etronll,= (280 -t• Ingleside on the Bay Staff Augmentation - Construction Inspection (Citywide) Chapman Ranch LOCATION MAP NOT TO SCALE Falma n- Acr Ar Swr F, Project Numbers: E16247 and E16456 Staff Augmentation - Construction Inspection CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES E16456 Construction Inspection Staff Augmentation (Bobby Barker) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $140,400 for a total restated fee not to exceed $187,200. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 8 months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI AGCM Jeff H. Edmonds, P. E. Director of Engineering Services RECOMMENDED Date Operating Department APPROVED AS TO LEGAL FORM Date Assistant City Attorney APPROVED Date Office of Management and Budget Date ATTEST City Secretary Date 3/6/2017 Gail k nder-on, C. • 11 e1 Ocean Dre Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax pga@agcm.cc Nathan Swinney - VP South Texas Region nswinney@agcm.com Date Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Bobby Barker) Amendment No. 1 Fund Name Accounting Unit Account Activity Account Category Amount Street CIP Bond 2014 3551-051 550910 El 3088 -01 -3551 -EXP 50950 $70,200.00 Street CIP Bond 2014 3551-051 550910 E13089 -01 -3551 -EXP 50950 70,200.00 Total $140,400.00 E13088 Gollihar Road from Weber Road to Carroll Lane (Bond 2014) E13089 Gollihar Road from Carroll Lane to Kostoryz Road (Bond 2014) Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2016-05\1 ROAD RECONSTRUCTION AGCM BARKER\AMENDMENT NO. 1 AGCM BOBBY BARKER\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC AG CM INC. February 1, 2017 City of Corpus Christi Attn. Chris Hale, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 3611882-0969 Fax 361/884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION BOBBY BARKER— RFQ 2016-05 Dear Chris: We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGICM proposes to continue to provide the following personnel on a full-time basis through December 31, 2017 at the corresponding rate and Not to Exceed (NTE) amount for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2016-05: Bobby Barker $90/HR NTE - $140,400 The Original Contract Amount was $46,800 for 13 weeks. It is our understanding that he will be assigned to Roads Projects, or as otherwise directed by the City. AGICM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N Ian inne PE, CCM ice Presider. — South Texas Region �vmAEC 1 1 ire Casholim NasigematiAmriafmofAmoein AMEND. NO. 1 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST c hristi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGICM, Inc. P. O. BOX: 2682, Crp Christi, TX 78403 STREET ADDRESS: 1101 Ocean Dr. CITY: Crp Christi ZIP: 78404 - FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/27/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172352 Date Filed: 02/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16456 - Bobby Barker Inspection Staff Augmentation 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. •`"'Y:"o•., LINDA FM PARA 3l a Notafyfhetit;,•Sfate of Texas titAi C trntsslon Expires "� . +4: ., oi'.t++ April 15, 2017 Sign ure of auth ized agent o ontracting business entity AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said • am this the 0.yam ` day off , 2017 , to certify which, witness my hand and seal of office. loy& • �t�s�� 4 112ti? fes— nt-h Z!` Signature of officeriinistering oath Printed name of office/ administering oath T' f officer administering th Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES Construction Inspection Staff Augmentation (Gene Perkins) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $170,600 for a total restated fee not to exceed $599,080. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in ExhibitA and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of nine months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI AGCM Jeff H. Edmonds, P. E., Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date 3/6/2017 Date 11 e Ocean Dr e Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax pga@agcm.cc Nathan Swinney - VP South Texas Region nswinney@agcm.com Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Gene Perkins) Amendment No. 1 Fund Name Accounting Unit Account Activity Account Category Amount Street CIP Bond 2012 3549-051 550950 E12097 -01 -3549 -EXP 50950 $42,650.00 Street CIP Bond 2012 3549-051 550950 E12098 -01 -3549 -EXP 50950 $42,650.00 Street CIP Bond 2012 3549-051 550950 E11116 -01 -3549 -EXP 50950 $42,650.00 Street CIP TN Bond 2014 3550-051 550950 E13091 -01 -3551 -EXP 50950 $42,650.00 Total $170,600.00 E12097 McArdle Road Improvements from Nile Drive to Ennis Joslin Road (Bond 2012) E12098 McArdle Road Improvements from Whitaker Drive to Nile Drive (Bond 2012) E11116 Williams Drive Improvements Phase 3 from Staples Street to Airline Road E13091 Corona Drive from Flynn Parkway to Everhart Road (Bond 2014, Proposition 1) Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\STAFF AUGMENTATION 2015-08-28 EIGHT CONTRACTS\4 AGCM\AMENDMENT NO. 1 AGCM GENE PERKINS\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC AG CM INC. January 4, 2017 City of Corpus Christi Attn. Chris Hale, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 361/882-0469 Fax 361/884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION GENE PERKINS — CAPITAL PROGRAMS Dear Chris: We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue to provide the following personnel on a full-time basis through December 31, 2017 at the corresponding rate and Not to Exceed (NTE) amount for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2016-05: Gene Perkins $110/HR NTE - $170,600 The Original Contract Amount was for $428,480 split between two augmentation positions, one of which completed March 17, 2016. It is estimated the remainder of the current contract will expire on April 5, 2017. This proposed amendment will extend Gene Perkins from that point through the end of 2017. It is our understanding that he will be assigned to Roads Projects, or as otherwise directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N. an inne , PE, CCM ice Preside , — South Texas Region k..,elY11-11.1-1L Conslricliuii Management Assoeialioo of America AMEND. NO. 1 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST c hristi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGICM, Inc. P. O. BOX: 2682, Crp Christi, TX 78403 STREET ADDRESS: 1101 Ocean Dr. CITY: Crp Christi ZIP: 78404 - FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/27/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172333 Date Filed: 02/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi v 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Mstr Srvc Agmnt - Gene Perkins Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Ark LINDAq FAY PAHA -''?:� ;a NoteryPi tiflC. State of Texas b 1vjycommisslon Expires -April 15, 2017 gnature authorized ag t of contracting business entity . AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said ,( I(.rtf(.rt r this the 021 day of .CJ _ 20/7 , to certify which, witness my hand and seal of office. (� Pa-4 2- f..... ce . . . . , j , ; , , _ _ L 1.41 I _f . , > R. , 4 , . . . . Oi— Signature of officer ministerin ath Printed name of o cer administering oath i of officer administers oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR REPRESENTATIVE SERVICES E16247 Construction Inspection Staff Augmentation (George De La Cerda) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $56,290 for a total restated fee not to exceed $256,750. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 5 months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI AGCM Jeff H. Edmonds, P. E. Director of Engineering Services RECOMMENDED 3/6/2017 Date Gail - nder on, C- • Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Date 1 21 Ocean D ve Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax pga@agcm.cc Nathan Swinney - VP South Texas Region nswinney@agcm.com Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (George De La Cerda) Amendment No. 2 Fund Name Accounting Unit Account Activity Account Category Amount Public Facility 2013 GO Bond 2012 3162-051 550910 E12120 -01 -3162 -EXP 50910 $11,258.00 Facility & Prop Management 5115-40300-191 550030 E15181 -01 -5115 -EXP 50030 11,258.00 Parks and Rec Bond 2012 3293-141 550910 E14005 -01 -3293 -EXP 50910 11,258.00 Parks and Rec Bond 2012 3293-141 550910 E14003 -01 -3293 -EXP 50910 11,258.00 Parks and Rec Bond 2012 3293-141 550910 E14006 -01 -3293 -EXP 50910 11,258.00 Total $56,290.00 E12120 Museum Roof Replacement (Bond 2012) E15181 Facilities Maintenance Building 3A Roof Re -Conditioning E14005 Community Park — Parker Park E14003 Community Park — Billish Park E14006 Community Park — Artesian Park Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM GEORGE DE LA CERDA\AMENDMENT NO. 2 AGCM GEORGE DE LA CERDA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC AG CM INC. February 27, 2017 City of Corpus Christi Attn. Chris Hale, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 361/882-0469 Fax 361/884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 2 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION GEORGE DE LA CERDA - RFP NO. 2015-07 Dear Chris: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide George De La Cerda on a full-time basis through August 30, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract Amendment 1 (thru Aug 30, 2017) Amendment 2 (thru Jan 31, 2018) $65 / HR $65 / HR $65 / HR NTE - $49,400 NTE - $151,060 NTE - $56,290 Total NTE - $256,750 It is our understanding that his time will be divided between projects as directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N. an ' inne , PE, CCM ice Preside , — South Texas Region INIAL A Conslraclion Management Anucialion of America AMEND. NO. 2 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST c hristi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGICM, Inc. P. O. BOX: 2682, Crp Christi, TX 78403 STREET ADDRESS: 1101 Ocean Dr. CITY: Crp Christi ZIP: 78404 - FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/27/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172340 Date Filed: 02/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 - George De La Cerda Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. LINDA FAY PAN1A Notary kitlit, State of Texas e.tikl , f Cornrnission Expires 4414 April 15. 2017 gnature f authorized a nt of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE x/� Sworn to and subscribed before me, by the said .FJ this the a 714 day of ° 20 / % , to certify which, witness my hand and seal of office. .1—pr.���J ll 1.../ LAC& , /QK.N�724 -- Signature of office inisterin th Printed name of officertadministering oath of officer administerin oath Forms provided by Texas Ethics Commission www.ethics.state.lx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR REPRESENTATIVE SERVICES E16247 Construction Inspection Staff Augmentation (Manuel Hernandez) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $69,280 for a total restated fee not to exceed $319,640. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 6 months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI AGCM 3/6/2017 Jeff H. Edmonds, P. E. Date Gail A derso , CEe Date Director of Engineering Services 110 Ocean Driv Corpus Christi, TX 78404 (361) 882-0469 Office RECOMMENDED (361) 884-9358 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date pga@agcm.cc Nathan Swinney - VP South Texas Region nswinney@agcm.com Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Manuel Hernandez) Amendment No. 2 Fund Name Accounting Unit Account Activity Account Category Amount Street CIP Bond 2012 3549-051 550910 E12090 -01 -3549 -EXP 50910 $34,640.00 Street CIP Bond 2014 3551-051 550910 E13095 -01 -3551 -EXP 50910 34,640.00 Total $69,280.00 E12090 Navigation Boulevard from Up River Road to Leopard Street (Bond 2012) E13095 Southern Minerals Road from Up River Road to IH 37 (Bond 2014) Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MANUEL HERNANDEZ\AMENDMENT NO. 2 AGCM MANUEL HERNANDEZ\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC AG CM INC. January 18, 2017 City of Corpus Christi Attn. Chris Hale, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 361/882-0469 Fax 361/884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 2 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION MANUEL HERNANDEZ - RFP NO. 2015-07 Dear Chris: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide Manuel Hernandez on a full-time basis through December 31, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract Amendment 1 (thru Jun 30, 2017) Amendment 2 (thru Dec 31, 2017) $80 / HR $80 / HR $80 / HR NTE - $49,600 NTE - $200,760 NTE - $69,280 Total NTE - $319,640 It is our understanding that his time will be divided between projects E12090 Navigation Blvd. and E13095 Southern Minerals Rd., or as otherwise directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N. an ' inne , PE, CCM ice Preside , — South Texas Region INIAL A Conslraclion Management Anucialion of America AMEND. NO. 2 EXHIBIT "A" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST c hristi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGICM, Inc. P. O. BOX: 2682, Crp Christi, TX 78403 STREET ADDRESS: 1101 Ocean Dr. CITY: Crp Christi ZIP: 78404 - FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/27/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172343 Date Filed: 02/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 - Manuel Hernandez Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. °',".°"'' LINDA FAY PARA •I.1 NotaiyPlrbfc, State Of Texas • ti..4 CO -Mission Expires Vis . -Aptil 15, 2017 gnature o authoriz nt of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said LV7�vvf.Gc.2 this the oq 714 day of 20 17 , to certify which, witness my hand and seal of office. X_ lid /n g Az OaLe.'� 1 cj L° i�' Gel: -.71---44---- --- rw C, a A .41 Signature of officer adn�stenng ooaV Printed name of olicer administering oath Title of officer administe4i g oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR REPRESENTATIVE SERVICES E16247 Construction Inspection Staff Augmentation (Marcus Garcia) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY ASSURANCE 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V INSURANCE REQUIREMENTS 5 ARTICLE VI INDEMNIFICATION 5 ARTICLE VII TERMINATION OF AGREEMENT 6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders, work change directives, field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre -construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or -equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions, traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $65,816 for a total restated fee not to exceed $430,741. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if a task requested requires an additional fee. Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 4 months beginning on the Effective Date. The Agreement may be renewed for up to one (1) one-year renewal options upon mutual agreement of the parties to be evidenced in writing Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V — INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in Exhibit C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII — TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI AGCM 3/6/2017 Jeff H. Edmonds, P. E. Date i rk •'Alf: ! Date Director of Engineering Services 1101 •cean Driv Corpus Christi, l X 78404 (361) 882-0469 Office RECOMMENDED (361) 884-9358 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date pga@agcm.cc Nathan Swinney - VP South Texas Region nswinney@agcm.com Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Marcus Garcia) Amendment No. 2 Fund Name Accounting Unit Account Activity Account Category Amount Water CIP 4080-062 550910 E14043 -01 -4080 -EXP 50910 $65,816.00 Total $65,816.00 E14043 Choke Canyon Dam Spillway Gate Rehabilitation Page 12 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION -- RFP NO. 2015-07\AGCM MARCUS GARCIA\AMENDMENT NO. 2 AGCM MARCUS GARCIA\2017-02-03 CONTRACT REPRESENTATIVE SERVICES.DOC AG CM INC. January 18, 2017 City of Corpus Christi Attn. Chris Hale, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 361/882-0469 Fax 361/884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 2 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION MARCUS GARCIA — RFP NO. 2015-07 Dear Chris: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide Marcus Garcia on a full-time basis through December 31, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract NTE - $49,500 CHOKE CANYON DAM SPILLWAY Amendment 1 $110 /HR NTE - $156,312 Mileage Reimbursement Est'd - $10,000 Subtotal NTE - $166,312 WATER DEPARTMENT Amendment 1 (thru Aug 30, 2017) Amendment 2 (thru Dec 31, 2017) $95 / HR $95 / HR NTE - $149,113 NTE — $65,816 Subtotal NTE - $214,929 GRAND TOTAL NTE - $430,741 k—) iris 1% Canslruction Management Associalian al America AMEND. NO. 2 EXHIBIT "A" Page 1 of 2 It is our understanding that his time will be divided between the E14043 Choke Canyon Dam Spillway project and the Water Department until the Dam project is completed, at which time his time will be dedicated to Water Department, or as the City requires. Amendment 2 does not provide for extended time for Dam related projects. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N- an ' inne , PE, CCM ice Preside — South Texas Region [onslrucfion Managemen? Assetialfan alAmelia AMEND. NO. 2 EXHIBIT "A" Page 2 of 2 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Previous Invoice Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Rev 07/16 EXHIBIT "C" Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; Rev 07/16 EXHIBIT "C" Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT "C" Page 3 of 3 SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST c hristi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGICM, Inc. P. O. BOX: 2682, Crp Christi, TX 78403 STREET ADDRESS: 1101 Ocean Dr. CITY: Crp Christi ZIP: 78404 - FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2/27/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172345 Date Filed: 02/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi P 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 - Marcus Garcia Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 1 _ ,; ;"P ¢ LINDA FAY PANZA 34. Natant -futile, State of Texas 1 Expires 147/5:: COMmisslon ;.. ov �� AM15, 2017 .nm�� Signature of authorizedof contracting business entity AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said 7 .ts2. £f , this the .27th day of 20 / 7 , to certify which, witness my hand and seal of office. artfo...:4—, 0-.) LUIZ& Ix A- ,�L` Signature of office dministeri ath Printed name of officer administering oath fiof officer administers oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT "E" Page 1 of 1